Judges must abandon adversarial advocacy for impartial detachment

Evidence

Second, new judges must change their basic orientation. Lawyers are accustomed to acting as advocates, taking a position and arguing it. In contrast, “the essence of the judicial role, active or passive, is impartiality and detachment, both felt and exhibited.” Thus, as Justice Charles Russell of the Virginia Supreme Court indicates, “your skills [as an advocate] are so diametrically opposed to those demanded of a judge that you’ve got to do a frightful gear shift.” — G. Alan Tarr, Judicial Process and Judicial…, 555

Categorization

• DEFINE: Defines the core contrast between the advocate’s role and the judicial essence of impartiality and detachment.
• XREF: connects to: Political activity is often a prerequisite for becoming a judge yet then forbidden — G. Alan Tarr, Judicial Process and Judicial…, 556; Legal training and role orientation partially neutralize judges’ personal beliefs — G. Alan Tarr, Judicial Process and Judicial…, 1366; Judicial rulings have policy consequences yet judges should not impose their own policy views — G. Alan Tarr, Judicial Process and Judicial…, 2688 (+5 more)

Broader Connections

• Judges’ personal attributes and even trivial bodily states can shape decisions #complicates (0.85)
• Judicial rulings have policy consequences yet judges should not impose their own policy views #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2688
• Legal training and role orientation partially neutralize judges’ personal beliefs #qualifies (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 1366
• Heterogeneous multi-judge panels could offset individual judicial bias #corroborates (0.72)
• Unconscious bias affects even well-intentioned opposing-counsel defenders #complicates (0.70) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 665