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JUDGE'S PLEDGE

THE JUDGE'S PLEDGE
As a member of the judiciary who desires to improve relations among
counsel and between the Bench and the Bar, I pledge as follows:
To be courteous, respectful and civil to the attorneys, parties, and
witnesses who appear before the court;
To exercise my authority to ensure that all the attorneys, parties, and
witnesses conduct themselves in a civil manner;
To refrain from any conduct or statement which discriminates on the basis
of race, religion, gender, sexual orientation or other personal
characteristic of attorneys, parties, or witnesses;
To instruct all court personnel to act civilly toward attorneys, parties,
and witnesses;
To refrain from the use of abusive, demeaning or humiliating language and
opinions in oral or written communication with attorneys, parties, and
witnesses;
To be punctual in covering all hearings, meetings, and conferences;
To give full consideration to the papers and arguments presented by
counsel
To make a reasonable effort to decide promptly all matters presented for
decision;
To be aware of the time restraints and pressures imposed upon attorneys by
the exigencies of litigation practice, while nevertheless endeavoring to
resolve disputes efficiently;
To make every effort to adhere to the statutes and court rules which are
intended to establish uniformity among all of the courts;
To consider the legitimate calendaring conflicts of attorneys, parties,
and witnesses in the administration of those matters before the court;
To avoid conduct which would give an appearance of favoriti* to any
particular counsel or party;
To be mindful that the court is the servant of the people and its purpose
is the administration of justice.

法官的保证
作为法官队伍中的一名希望改善律师之间的关系以及法官与律师之间的关系的成员，本文作出如下保证：
对出庭或到庭的律师、当事人以及证人礼貌、尊重、文明；
行使本人的职权以保证所有的律师、当事人以及证人以文明方式行事；
避免任何歧视律师、当事人或者证人的种族、宗教、性别、性取向、或其他个人特征的行为或语言；
指示所有法院人员以文明方式对待律师、当事人以及证人；
在与律师、当事人以及证人的口头或书面交流中避免辱骂性的、贬损性的或羞辱性的语言或意见；
准时进行所有的聆审和会议；
充分考虑律师呈交的所有文件和做出的所有辩论；
做出合理努力以迅速地对所有待决事项做出决定；
考虑到诉讼实践给律师带来的时间限制和压力，但是仍然努力有效地解决争端；
尽力遵守旨在使所有法院统一的制定法和法院规则；
在处理法院事务是考虑律师、当事人以及证人的合理的时间冲突；
避免任何对某个律师或当事人由偏袒迹象的行为；
谨记法院是人民的公仆，其目的是维护正义。

Judges

Fewer than one in twenty of those admitted to practice law is a federal, state, county, or municipal court judge. Except for some inferior courts, judges are generally required to be admitted to practice but do not practice while on the bench. There is so little uniformity that it is difficult to generalize further than to point out three salient characteristics that relate to the ranks from which judges are drawn, to the method of their selection, and to their tenure.

Judges are drawn from the practicing bar and less frequently from government service or the teaching profession. There is in the United States no career judiciary like that found in many other countries and there is no prescribed route for the young law graduate who aspires to be a judge, no apprenticeship that must be served, no service that must be entered. The outstanding young law graduates who act for a year or two as law clerks to the most distinguished judges of the federal and state courts have only the reward of the experience to take with them into practice and not the promise of a judicial career. While it is not uncommon for a vacancy on a higher court to be filled by a judge from a lower court, even this cannot be said to be the rule. The legal profession is not entirely unaware of the advantages of a career judiciary, but it is generally thought that they are outweighed by the experience and independence which American lawyers bring to the bench. Many of the outstanding judges of the country�s highest courts have had no prior judicial experience. Critici* has centered instead on the prevalent method of selection of judges.

State court judges are usually elected, commonly by popular vote, but occassionally by the legislature. Popular election has been the subject of much disapproval, including that of the American Bar Association, on the ground that the public lacks interest in and information on candidates for judicial office and that therefore the outcome is too often controlled by leaders of political parties. The situation has been somewhat improved since many local bar associations have undertaken to evaluate the qualifications of candidates and to support or oppose them on this basis.

Since 1937, the American Bar Association has advocated the substitution of a system under which the governor appoints judges from a list submitted by a special nominating board and the judge then periodically stands unopposed for reelection by popular vote on the basis of his or her record. Such a system is now in effect, for at least some judges, in a substantial minority of states. In a *all group of states, judges are appointed by the governor subject to legislative confirmation.

This is also the method of selection of federal judges, who are appointed by the President subject to confirmation by the Senate. Even under the appointive system the selection of judges is not immune from political influence and appointees are usually of the President�s or governor�s own party. But names of candidates for the federal judiciary are submitted to a committee of the American Bar Association and appointment is usually made only with its approval. The office of chief judge or chief justice is usually filled in the same manner as other judicial offices, although in some states it is filled from among the members of the court by rotation, by seniority of service, or by vote of the judges. The Chief Justice of the United States is appointed by the President, subject to Senate confirmation.

The third characteristic is that judges commonly serve for a term of years rather than for life. For courts of general jurisdiction it is typically four, six, or eight years, and for appellate courts, six, eight, or ten years. Happily, even where selection is by popular election, it is customary to return to office for sitting judges whose service has been satisfactory. In a few state courts and in the federal courts the judges sit for life. Whether on the bench for a term of years or for life, a judge may be removed from office only for gross misconduct and only by formal proceedings. Instances of removal have been rare indeed and only a handful of federal judges have been removed by formal proceedings. The independence of the judiciary is also encouraged by the rule that a judge incurs no civil liability for judicial acts, even if guilty of fraud and corruption. The American Bar Association�s Code of Judicial Conduct has been widely adopted as a standard to which judges are expected to adhere. Salaries for the higher judicial offices are usually good although less than the income of a successful private practitioner, the prestige of these offices is high, and the bench has been able to attract many of the country�s ablest legal minds. The great names in American law are in large part the names of its great judges.

TEAMWORK