Ethics Forum: Questions and Answers on Professional Responsibility
What is the proper role of a judge, particularly an appellate judge, during oral argument?
September 12, 2019 at 02:29 PM
12 minute read
A little more time ought to be allowed for a lawyer to present oral argument before a judge takes over.
What is the proper role of a judge, particularly an appellate judge, during oral argument?
There is no proper role. As long as a judge is fair and courteous and dignified, a judge has a right to hear cases and make decisions.
This year there have been several articles discussing whether or not appellate judges—and sometimes trial court judges—are too actively involved in the argument aspect of a case. Clearly, there have been changes in the role of appellate judges in the last 47 years that this writer has been practicing law.
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