Some Uses of 'Appearance'. John B. McClatchey - - Southern Journal of Philosophy 10 4 Rei Terada - - Harvard University Press. Justification as the Appearance of Knowledge. Steven L. Reynolds - - Philosophical Studies 2 Adjudicating Appearance: From Identity to Personhood. Yofi Tirosh - manuscript. The Appearance of Appearance. Barry Russell - - Semiotics Colours and Appearances as Powers and Manifestations. Max Kistler - unknown. Jeff Speaks - manuscript. Henri Bortoft - - Floris. Added to PP index Total views 16 , of 2,, Recent downloads 6 months 12 88, of 2,, How can I increase my downloads?
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History of Western Philosophy. Normative ethics. Philosophy of biology. Philosophy of language. Philosophy of mind. Philosophy of religion. Instead of withdrawing from the proceeding, a judge disqualified by Canon 3C 1 may, except in the circumstances specifically set out in subsections a through e , disclose on the record the basis of disqualification.
The judge may participate in the proceeding if, after that disclosure, the parties and their lawyers have an opportunity to confer outside the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate. The agreement should be incorporated in the record of the proceeding.
Canon 3A 3. The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Courts can be efficient and businesslike while being patient and deliberate. The duty to be respectful includes the responsibility to avoid comment or behavior that could reasonably be interpreted as harassment, prejudice or bias. Canon 3A 4. The restriction on ex parte communications concerning a proceeding includes communications from lawyers, law teachers, and others who are not participants in the proceeding.
A judge may consult with other judges or with court personnel whose function is to aid the judge in carrying out adjudicative responsibilities. A judge should make reasonable efforts to ensure that law clerks and other court personnel comply with this provision. A judge may encourage and seek to facilitate settlement but should not act in a manner that coerces any party into surrendering the right to have the controversy resolved by the courts. Canon 3A 5. In disposing of matters promptly, efficiently, and fairly, a judge must demonstrate due regard for the rights of the parties to be heard and to have issues resolved without unnecessary cost or delay.
A judge should monitor and supervise cases to reduce or eliminate dilatory practices, avoidable delays, and unnecessary costs. Canon 3A 6. The admonition against public comment about the merits of a pending or impending matter continues until the appellate process is complete. A judge may comment publicly on proceedings in which the judge is a litigant in a personal capacity, but not on mandamus proceedings when the judge is a litigant in an official capacity but the judge may respond in accordance with Fed. Canon 3B 3. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by this subsection.
Canon 3B 4. A judge should neither engage in, nor tolerate, workplace conduct that is reasonably interpreted as harassment, abusive behavior, or retaliation for reporting such conduct. The duty to refrain from retaliation includes retaliation against former as well as current judiciary personnel. Under this Canon, harassment encompasses a range of conduct having no legitimate role in the workplace, including harassment that constitutes discrimination on impermissible grounds and other abusive, oppressive, or inappropriate conduct directed at judicial employees or others.
Appearance of Impropriety and Citizen-Based Ethics Commissions
Canon 3B 6. Public confidence in the integrity and impartiality of the judiciary is promoted when judges take appropriate action based on reliable information of likely misconduct. Appropriate action depends on the circumstances, but the overarching goal of such action should be to prevent harm to those affected by the misconduct and to prevent recurrence. A judge, in deciding what action is appropriate, may take into account any request for confidentiality made by a person complaining of or reporting misconduct.
A judge who receives such reliable information shall respect a request for confidentiality but shall nonetheless disclose the information to the chief district judge or chief circuit judge, who shall also treat the information as confidential. Certain reliable information may be protected from disclosure by statute or rule. Reliable information reasonably likely to constitute judicial misconduct or disability related to a chief circuit judge should be called to the attention of the next most-senior active circuit judge.
Such information related to a chief district judge should be called to the attention of the chief circuit judge. Appropriate action may also include responding to a subpoena to testify or otherwise cooperating with or participating in judicial or lawyer disciplinary proceedings; a judge should be candid and honest with disciplinary authorities.
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Canon 3C. Canon 3C 1 c.
In a criminal proceeding, a victim entitled to restitution is not, within the meaning of this Canon, a party to the proceeding or the subject matter in controversy. Canon 3C 1 d ii. The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative of the judge is affiliated does not of itself disqualify the judge. A judge may engage in extrajudicial activities, including law-related pursuits and civic, charitable, educational, religious, social, financial, fiduciary, and governmental activities, and may speak, write, lecture, and teach on both law-related and nonlegal subjects.
A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. A judge may consult with or appear at a public hearing before an executive or legislative body or official:. A judge may participate in and serve as a member, officer, director, trustee, or nonlegal advisor of a nonprofit organization devoted to the law, the legal system, or the administration of justice and may assist such an organization in the management and investment of funds.
A judge may make recommendations to public and private fund-granting agencies about projects and programs concerning the law, the legal system, and the administration of justice. A judge may participate in and serve as an officer, director, trustee, or nonlegal advisor of a nonprofit civic, charitable, educational, religious, or social organization, subject to the following limitations:.
A judge may assist nonprofit law-related, civic, charitable, educational, religious, or social organizations in planning fund-raising activities and may be listed as an officer, director, or trustee. Otherwise, a judge should not personally participate in fund-raising activities, solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose. A judge should not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism. As a family fiduciary a judge is subject to the following restrictions:.
A judge may accept appointment to a governmental committee, commission, or other position only if it is one that concerns the law, the legal system, or the administration of justice, or if appointment of a judge is required by federal statute.
A judge should not to any substantial degree use judicial chambers, resources, or staff to engage in extrajudicial activities permitted by this Canon. Any additional payment is compensation. Canon 4. Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the society in which the judge lives. As a judicial officer and a person specially learned in the law, a judge is in a unique position to contribute to the law, the legal system, and the administration of justice, including revising substantive and procedural law and improving criminal and juvenile justice.
Subject to the same limitations, judges may also engage in a wide range of non-law-related activities. Within the boundaries of applicable law see, e.
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Canon 4A. Teaching and serving on the board of a law school are permissible, but in the case of a for-profit law school, board service is limited to a nongoverning advisory board.
Canon 4A 4. This Canon generally prohibits a judge from mediating a state court matter, except in unusual circumstances e.
Judging by Appearances: Revisions to the Code of Conduct for U.S. Judges
Canon 4A 5. A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. Canon 4B. For example, in many jurisdictions, charitable hospitals are in court more often now than in the past. Canon 4C. A judge may attend fund-raising events of law-related and other organizations although the judge may not be a speaker, a guest of honor, or featured on the program of such an event.
Canon 3 requires disqualification of a judge in any proceeding in which the judge has a financial interest, however small. Canon 4H requires a judge to report compensation received for activities outside the judicial office. Canon 4D 5. Canon 4E. The Applicable Date of Compliance provision of this Code addresses continued service as a fiduciary.
For example, a judge should resign as a trustee if it would result in detriment to the trust to divest holdings whose retention would require frequent disqualification of the judge in violation of Canon 4D 3. Canon 4F. The appropriateness of accepting extrajudicial assignments must be assessed in light of the demands on judicial resources and the need to protect the courts from involvement in matters that may prove to be controversial.
Canon 4H. A judge is not required by this Code to disclose income, debts, or investments, except as provided in this Canon. That Act and those regulations should be consulted before a judge enters into any arrangement involving the receipt of compensation. A judge should resign the judicial office if the judge becomes a candidate in a primary or general election for any office. A judge should not engage in any other political activity. This provision does not prevent a judge from engaging in activities described in Canon 4.