ABSTRACT
This chapter considers the general regulation of judicial conduct as it relates to judging and emotion. Examining the various regulatory processes for insight into the place of emotion in judicial work confirms the ‘pluralist nature’ of professional regulation. Some displays of judicial emotion may lead to complaints from litigants, lawyers or others, claiming that such conduct violates applicable codes or rules of judicial conduct. A starting point is judicial ethical guidelines or codes of conduct and other systematic, authoritative statements of appropriate judicial behaviour, which may communicate requirements of emotion management, display and performance. These guides or codes are sometimes linked to discipline procedures or formal judicial performance evaluation (JPE), though public disciplinary processes and JPE are not part of the Anglo-Australian regulatory landscape. Data from New South Wales, the largest Australian jurisdiction with the longest standing process for responding to complaints about judicial conduct, illustrates the judicial commission process in Australia.
