Ethical Principles for the Judiciary in Guanajuato
CODE OF ETHICS OF THE JUDICIARY OF THE STATE OF GUANAJUATO
TITLE
PROVISIONS PRELIMINARES
CHAPTER I: Overview
Article 1. The provisions of this Code are a catalog of ethical principles that guide the conduct of all servers in the Judiciary.
CHAPTER II: Objectives of the Code
Article 2. Purposes:
- I. Establish criteria and values that should guide the ethical conduct of public servants in the judiciary, aimed at achieving excellence in the service delivery of justice.
- II. Promote a culture of transparency, honesty, and objectivity in performing the work of all public servants of the State Judicial Branch.
- III. Promote the need for society to improve standards of professional performance.
Article 3. It is the duty to know and observe this Code.
Article 4. All public servants of the judiciary must fulfill the qualities required for the performance of their duties and observe the values specified in the Act and this Code.
PART TWO: PRINCIPLES AND VALUES
CHAPTER I: Independence
Article 5. The independence of the judge’s attitude is free from extraneous influences of the social system or the parties to the proceedings. The constitutional guarantees of judicial independence benefit litigants.
The judge is independent in the exercise of their judicial functions and is only subject to the law. The mission of the judge is to guarantee citizens the right to be judged by legal parameters as a way to avoid arbitrariness, observe constitutional values, and safeguard fundamental rights.
To make effective judicial independence, the judge must reject any attempt to influence from hierarchical, political, pressure groups, friendship, or any kind that affects the processing or resolution of matters within their knowledge. They have the duty to report any disturbance of their independence and their proper exercise.
Judicial independence means that the judge is forbidden to engage in activities or situations that may directly or indirectly affect the freedom of their decisions.
Judges should avoid making decisions for public influence, fear of criticism, or considerations of popularity that could affect the judiciary.
The judge, in the exercise of jurisdiction, is not subject to higher judicial authorities, without prejudice to the ability of these to review decisions by the resources and strength attributed to jurisprudence.
CHAPTER II: Fairness
Article 6. The fairness of judging rightly and with total absence of advance or prevention plan reflects attitudes without favor, bias, or prejudice in relation to any of the defendants.
The impartiality of the judge’s personal condition is indispensable for the exercise of the judicial function and must be real, effective, and clear to the public. It is based on the right of individuals to be treated equally and not be discriminated against in regard to the development of the judicial function, which pursues an objective truth of the facts.
The judge has the duty to respect and enforce the principle of due process, including the right of challenge, becoming the guarantor of the rights of the parties and ensuring equal treatment to avoid imbalance in the development process.
The judge and other servants of the judiciary should avoid any conduct that appears to show preferential treatment to lawyers and litigants.
The judge is required to separate the processing and knowledge of matters in which they have any prior relationship with the parties or stakeholders in the process, under the terms of the law. The exercise of the judicial function is incompatible with other activities, except those permitted by law.
The judge and other servants of the judiciary are prohibited from receiving gifts or benefits of any kind from any of the parties or third parties, as well as accepting meeting invitations that could compromise their impartiality.
The judge should refrain from any opinion that involves prejudging an issue.
They must overcome the prejudices that affect the assessment of the facts and weighing the evidence, as well as in the interpretation and enforcement.
Impartiality requires the judge to create habits of intellectual honesty and rigorous self-criticism.
CHAPTER III: Objectivity
Article 7. The objective attitude of the judge requires them to issue decisions only for the reasons that the law provides, not those arising from personal feelings.
- Act with serenity of mind and inner balance, so that their decisions are devoid of prejudice.
- Make decisions without realizing the right benefits or advantages of any kind.
- Resolve personal recognition without waiting.
- Treat peers with respect, listen carefully, and engage in discussions with reason and tolerance.
CHAPTER IV: Professionalism
Article 8. Professionalism is a willingness to exercise responsible and serious judicial functions, with relevant skills and application.
CHAPTER V: Excellence
Article 9. Excellence is the performance with superior quality that stands on merit and goes beyond the ordinary or normal performance requirements of the court.
To exercise the profession, the judge should adhere to the following criteria:
- Orient consistently and prudently their performance in accordance with the law.
- Achieve trust and respect from society through dedicated, responsible, and honest service.
- Avoid flaunting attitudes that denote power and acts of ostentation that undermine the respectability of their office.
- Know the current law, international treaties, and legal principles, and develop the skills and ethical attitudes to apply them correctly.
- Contribute their knowledge and skills to the better development of the law and the administration of justice.
- In their judicial work and relationships, maintain straight and objective criteria, consult the rules of the case carefully, weigh their decisions, and then act accordingly.
- Study records, processes, and projects thoroughly and diligently.
- Ground and justify their decisions, avoiding dogmatic assertions.
- Persevere in the effective implementation of their resolutions, taking necessary steps to enforce decisions despite difficulties.
- Conduct themselves in accordance with the inherent and delegated functions of their office, maintaining adequate organization and planning.
- Administer the court with diligence, dedication, effectiveness, and efficiency.
- Respect the rights and dignity of people.
- Promote and collaborate in efforts to improve the functioning of the administration of justice, working with a sense of service.
CHAPTER VI: Responsibility
Article 10. Responsibility is the ability of the judge and other servants of the judiciary to fulfill their duties, recognize and accept the consequences of their actions, and assess the generation or execution of acts for which they would be responsible, considering the background, reasons, and consequences thereof, acting with professionalism and dedication.
CHAPTER VII: Justice and Equity
Article 11. The primary purpose of judicial activity is to achieve justice and equality through law.
The demand for equity arises from the need to temper the application of the law, weighing the right and objective personal, family, or social disadvantages that arise from the inevitable abstraction and generality of the laws.
The judge must note the law in force, taking into account the peculiarities of the case and solving it based on criteria consistent with the principles and values of the legal system, which can be extended to all substantially similar cases.
In the areas of discretion offered by the law, the judge must be guided by considerations of prudence, justice, and equity.
In all processes, equality will be especially aimed at achieving effective equality of all before the law.
The court must be linked not only by the force of legal rules but also by the reasons on which they are based.
CHAPTER VIII: Training
Article 12. Training is the duty of all judges and other servants of the judiciary to be permanently updated on knowledge and techniques to improve the performance of their functions, in accordance with regulations.
The requirement for ongoing knowledge and training is based on the right of individuals and society to receive quality service in the administration of justice.
Judges are obliged to attend courses, lectures, conferences, or other academic forums that foster commitment and professionalism among judicial officials with a strong culture of law and service to society.
CHAPTER IX: Confidentiality
Article 13. The foundation of privilege is to safeguard the rights of the parties and their relatives against misuse of information obtained by the judge and other servants of the judiciary in performing their duties.
The judge and other servants of the judiciary have a duty to jealously guard the secrecy regarding the proceedings underway and the facts or data known in the exercise of their function.
Confidentiality will be observed in the control of collections, archives, and documents, except as expressly authorized by law.
CHAPTER X: Social Projection
Article 14. The judge should ensure that their activities contribute to better human interaction, uphold the dignity and interests of society in the administration of justice, and promote ideals of fraternity and equality of rights for all individuals.
- Act in a manner that creates credibility and trust.
- Promote an attitude in society that fosters respect and confidence in the administration of justice.
- Receive, hear, and respond with kindness and respect to service users, behaving according to the values protected by law and this Code.
CHAPTER XI: Performance Management
Article 15. Professional performance is the proper functioning of all judicial institutions. This is a necessary condition for each judge to meet their specific duties and assume a commitment to the proper functioning of the entire judicial system.
As part of their professional performance, each judge is required to:
- Exercise the judicial function by ensuring that justice is delivered efficiently, with quality, accessibility, transparency, prudence, and respect for the dignity of those seeking service.
- Listen carefully and respect the oral arguments presented by the parties.
- Comply with the duty to attend their court or tribunal.
- Devote the necessary time for the expeditious release of matters in their court or tribunal.
- Constantly seek to enhance their culture in the auxiliary sciences of law.
- Avoid favoring promotions or irregular or unjustified promotions of other members of the justice service.
- Use only legitimate means that the system offers in the pursuit of the truth of the facts in the cases before them.
- Ensure that responsible processes are resolved within a reasonable time, preventing or sanctioning activities aimed at delaying the administration of justice.
TRANSITIONAL ARTICLE
Sole Article. This Code shall be published in the Official Gazette of the State Government and the Bulletin of the Judiciary.