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The judge’s role is straightforward when parties are represented by skilled advocates. When parties are not well represented, the judge’s role becomes less clearly defined. To what extent should a court do its own legal research, review a factual record, or generously interpret a party’s argument so that a case is presented and adjudicated on its merits? Is it appropriate to steer a lawyer or give hints? Where should the line be drawn—and at what point would a judge’s participation be inconsistent with his or her role in the adversary system?
Includes 1 hour of MCLE credit
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.