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5. Act of Impropriety

(10%)
During the hearing of an election protest filed by his brother, Judge E sat in the area reserved for the public, not beside his brother’s lawyer. Judge E’s brother won the election protest. Y, the defeated candidate for mayor, filed an administrative case against Judge E for employing influence and pressure on the judge who heard and decided the election protest.

Judge E explained that the main reasons why he was there in the courtroom were because he wanted to observe how election protests are conducted as he has never conducted one and because he wanted to give moral support to his brother.

Did Judge E commit an act of impropriety as a member of the judiciary? Explain.

1 comment:

Anonymous said...

V.

No. The act of Judge E in attending the hearing of his brother’s election protest could not be considered improper. Judge E was just there sitting. And he sat there in the area reserved for the public. This could not have influenced or even tended to influence the outcome of the election protest. Moreover, Judge E is presumed to be in good faith.