Non-performance of Judicial Functions

Non-performance of Judicial Functions occurs when a judge fails to consistently fulfill the core duties of judicial office through chronic absenteeism, neglect of casework, or inattentiveness during proceedings. This includes repeated failure to appear for scheduled court sessions, excessive delays in handling judicial business, or sleeping and otherwise disengaging during hearings or trials. Such conduct reflects neglect of duty, undermines the rights of litigants, and erodes public confidence in the judiciary.

Key Features:

  • Chronic Absenteeism: Frequently failing to attend court sessions or abandoning scheduled duties without valid justification.

  • Inattention in Proceedings: Sleeping, disengaging, or otherwise failing to remain alert during testimony, arguments, or rulings.

  • Neglect of Case Management: Ignoring or postponing routine judicial functions, including issuing rulings, managing dockets, or signing orders.

  • Impact on Litigants: Prejudicing parties’ rights through delay, denial of timely justice, or failure to properly consider the record.

  • Erosion of Integrity: Visible inattentiveness or neglect damages the public perception of judicial diligence and seriousness.

Illustrative Example:
A judge repeatedly failing to appear for morning dockets without explanation, or falling asleep during a criminal trial while testimony is being presented to the jury.