Publication date: 04.06.2024
Is the status of a judge, prosecutor or investigator an advocate a ground for recusal?
For example, the fact that a judge, prosecutor or investigator has the status of an attorney may be grounds for recusal. This is due to the principle of conflict of interest and impartiality, which are fundamental to ensuring fair justice. Let's take a closer look:
Judges.
Judges must be impartial and independent. According to many national laws and international standards, a judge should not have any other professional obligations that may affect his or her impartiality. Being a lawyer may create a potential conflict of interest, as the practice of law involves protecting the interests of clients, which may conflict with the judge's duty to be objective and impartial.
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Prosecutors
Prosecutors play a key role in criminal proceedings, representing the interests of the state and society. Having the status of an advocate may call into question their ability to perform their functions objectively, as advocacy involves the protection of private interests. This may lead to a conflict of interest and undermine confidence in their impartiality and professional ethics.
Investigators.
Investigators collect evidence and conduct investigations in criminal cases. They must be objective and act in the interests of justice. Having the status of a lawyer can lead to a conflict of interest, as the practice of law involves protecting the interests of clients, which can affect the objectivity of the investigator.
Legislative Provisions
Many countries' legislations provide for separate provisions on the incompatibility of judges, prosecutors and investigators with other types of activities, including the practice of law. For example, in Ukraine, this issue is regulated by the Constitution of Ukraine, the Law of Ukraine "On the Judiciary and the Status of Judges", the Law of Ukraine "On the Prosecutor's Office" and other legal acts.
Grounds for the challenge
The grounds for recusal of a judge, prosecutor or investigator due to the status of an advocate may include the following:
- Conflict of interest: The possibility that the practice of law may affect the performance of official duties.
- Impartiality: Undermining trust in the impartiality and objectivity of a person.
- Violation of ethical standards: Failure to comply with professional standards and codes of ethics.
Conclusion.
The fact that a judge, prosecutor or investigator holds the status of an advocate is grounds for disqualification, as it may create a conflict of interest, call into question their objectivity and impartiality, and violate professional and ethical standards. It is important to ensure that those performing these important functions remain independent and objective to guarantee fairness and legality in the administration of justice.
