Judicial Independence and Financial Disclosure

This document addresses the issue of financial disclosure and judicial independence. It looks at the international standards or best practices for financial disclosure by judges, which are made up of a variety of multilateral instruments like the UN Convention Against Corruption and UN Basic Principles on the Independence of the Judiciary. It also lists regional corruption instruments and national regulations as possible sources of legal authority. It then looks at the scope of disclosure, including who must disclose and what kind of information is to be disclosed. The next section sets out possible uses for the disclosure, the extent to which the information ought to be made public and the possible misuses of the disclosure. The paper also looks at the mechanisms to be put in place to implement rules on disclosure, including the penalties for non-compliance. The paper sets out the key variables affecting countries emerging from conflict, including capacity of key institutions like the media and civil society, the utility of the state's financial records system, and the ability of the state to provide adequate pay to its judges. Finally, the paper discusses the complementary mechanisms that must be created to ensure a strong, long term, financial disclosure regime.