Deputy-Ombudsman rebukes Helsinki District Court judge

Enraged judge recommended change of profession to defence counsel

29.8.2006

Deputy-Ombudsman Petri Jääskeläinen deems a Helsinki District Court judge to have behaved inappropriately when, in an angry tone of voice, he said that it might be necessary for the jurist defending the accused to consider a change of career. The judge had made this comment in an exchange of words after he had prevented the defence counsel from asking his client things about which the public prosecutor had already questioned the defendant.

In the view of the Deputy-Ombudsman, the judge's choice of words can be considered insulting. In addition, the defendant could feel that the judge?s attitude was also directed against him and his case. Deputy Ombudsman Jääskeläinen rebuked the judge for behaviour contrary to the State Civil Servants Act and the requirements of a fair trial.

The Deputy-Ombudsman stresses that the office of a judge demands accentuatedly correct behaviour also in situations that may cause irritation or stress. A judge must try to ensure that the parties involved find the person presiding over the proceedings fair and impartial. The implementation of a fair trial demands that the judge's behaviour must be appropriate also towards the involved parties' legal counsel during a court hearing.

The Deputy-Ombudsman finds that the judge's behaviour clearly looked quite inappropriate when examined from the outside. He had an audio recording of the session at his disposal.

However, the Deputy-Ombudsman did not find any reason to criticise the content of the judge's conduct of the case.

Additional information will be provided by Legal Officer Pasi Pölönen, tel. + 358 (0)9 432 3345.