How would the process impinge on judicial independence?
In working with foreign judiciaries, I’ve seen firsthand how the problem of judicial accountability is managed in other countries. Very often it is done by an outside body, or even by the Ministry of Justice, which is wholly inappropriate because the Ministry of Justice is also a litigant in many cases before the court. One can easily see how their review of a judge’s conduct could be a direct threat to judicial independence. In some countries, the disciplinary apparatus has been invoked against judges who have simply decided cases against the government or otherwise rendered a result that was unpopular. Turning to our system, if a judicial council decided to investigate complaints that were not worthy of investigation, or responded to complaints that were simply brought by disgruntled litigants, this action could chill or interfere with a judge’s independence in being able to make decisions on the bench, free from improper influences. Under no circumstances should the system in place
