Martin Hapla
Author’s affiliation: Faculty of Law, Masaryk University Brno

May a Judge Do Strange Things? Functionality of Judiciary as a Limit of Disciplinary Responsibility

Jurisprudence 2/2020 Section: Discussion Page: 40–45

Keywords: judiciary, disciplinary responsibility, judicial ethics, action of judge in public, legal moralism

Abstract: The author defends the thesis that the purpose of disciplinary responsibility is to ensure the functioning of the judiciary. This also implies his answer to the question of what actions we are to punish as disciplinary offences. An immoral, strange, offensive or undignified action of a judge should not in itself be a reason for imposing disciplinary punishment. This reason should only be a violation or threat to the functioning of justice. Of course, this can also be done with actions of immoral, strange, offensive, or undignified character. What is crucial here is their link to the functioning of the judiciary, not their very nature. This also applies to actions taken by a judge outside of their profession. The author illustrates these considerations on a case that has become known under the name Miss Monokiny in the Czech Republic.