Public Statements by Judges and the Bias Rule

The rule against bias requires that judges approach their task with an open mind though not an empty one. The bias rule does not preclude judges from presiding simply because they have knowledge, experience or views relevant to a case. The question is always one of degree and context. This article examines how questions of bias may arise when judges make public statements outside their reasons for decisions, such as in media interviews, speeches or scholarly publications. It will argue that judges can and should make public statements but that the judicial function necessarily limits what judges can and should say in their public statements.