415. Intimidation: The prohibition against a judge fearing threats in judgment
…you shall not tremble because of any person… (Deuteronomy 1:17)
A judge was required to judge all cases fairly. To that end, he was not permitted to bow to intimidation. If an evil, violent defendant threatens the judge with personal injury or financial damage, the judge is not permitted to let it sway his ruling.
A judge is allowed to recuse himself from a case before hearing the litigants’ testimony. Once he has heard it, he is obligated to see his duty through.
The reason for this mitzvah is similar to what we have said previously about the need for honest justice in order for a civil society to endure. Just as a judge may not bend for bribery (Mitzvah #83), he may likewise not give in to extortion.
This mitzvah applies in all times and places. In the Talmud, it is discussed in tractate Sanhedrin (6b, et al.). This mitzvah is codified in the Shulchan Aruch in Choshen Mishpat 12. It is #276 of the 365 negative mitzvos in the Rambam’s Sefer HaMitzvos and #72 of the 194 negative mitzvos that can be observed today in the Chofetz Chaim’s Sefer HaMitzvos HaKatzar.