i. Teaching (AM 13-05-05-SC)

Teaching (A.M. No. 13-05-05-SC)

Concept

A judge may teach, but teaching is secondary to judicial work. The permission to teach is expressly subject to appropriate guidelines and to the condition that academic activities do not detract from the judge’s principal duties. A judge must also avoid self-promotion in pursuing academic interests. (Art. 16, CJCA)¹

Governing provisions

Article 16 of the Code of Judicial Conduct and Accountability (CJCA) covers teaching alongside further studies, writing, lectures, and analogous activities. A.M. No. 13-05-05-SC supplies the specific guidelines on judges’ teaching activities; Article 16’s permission should therefore not be read as unrestricted authority to accept a teaching engagement. (Art. 16, CJCA)¹ (A.M. No. 13-05-05-SC)

Requisites / Rules

• Judicial duties come first. A teaching schedule must not detract from the judge’s principal duties. The judge should assess the proposed classes and related academic work against the demands of the court before undertaking them. (Art. 16, CJCA)¹
• Observe the applicable guidelines. Article 16 makes teaching subject to appropriate guidelines. Compliance with the CJCA’s general permission alone is not enough where specific rules govern the teaching activity. (Art. 16, CJCA)¹ (A.M. No. 13-05-05-SC)
• Maintain judicial propriety. The judge remains responsible for conduct that is above reproach and is perceived to be so. The classroom is not an exception to the standards attached to judicial office. (Art. 2, CJCA)²
• Avoid self-promotion and apparent partiality. The judge must be mindful not to use academic activity for self-promotion and must preserve both actual impartiality and its appearance to a reasonable observer. (Art. 16, CJCA)¹ (Art. 2, CJCA)³

Key doctrines

Teaching is permissible because it can coexist with judicial service, not because judicial responsibilities may yield to it. In evaluating a proposed engagement, ask both whether it interferes with court work and whether the judge’s manner of participation preserves confidence in the Judiciary. (Art. 16, CJCA)¹ (Art. 3, CJCA)⁴

Bar tip

Do not answer that judges are categorically barred from teaching. State the permission, then qualify it: applicable guidelines, no detraction from judicial duties, and continued observance of propriety and impartiality. (Art. 16, CJCA)¹ (Art. 2, CJCA)³