Judges for Judges - Matters of Principle (2015, second revised print)

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guidelines for impartiality and ancillary positions in the judiciary Spouses in these guidelines refer to both male and female spouses. When these guidelines refer to judges or substitute judges, this also encompasses justices or substitute justices, unless stated otherwise. In that case, one should read ‘appeal district’ for ‘district’, to the extent that it applies to courts of appeal. These guidelines consider state councillors employed at the Council of State who are entrusted with dispensing justice to be equivalent to judges and justices. Where these guidelines refer to prosecutors, this also encompasses Advocates General, Procurators General and Substitute Procurators General (Public Prosecution Service), unless stated otherwise. In that case, one should read Prosecutor’s Office at the Appeals Court and Board of Procurators General, respectively, for Prosecutor’s Office at the District Court. Explanation Partiality can occur, inter alia, in the event of a conflict of interests, the threat thereof, influence from outside, or political or social bias. With regard to the question of whether partiality of a judge occurs, not only is it of interest to note the nature of the relationship of this judge with a party to a proceeding, but also the extent to which this party to a proceeding is involved in a certain case. The extent of involvement depends on the position that a party to a judicial proceeding takes. Involvement (emotional or otherwise) will generally be greater for litigants than other parties to proceedings. The guidelines seek to take this into account by defining the concepts of litigants and other parties to proceedings. A litigant can be both a substantive and a procedural party. The latter

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