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Consider the following situations and discuss whether a violation of judicial ethics occurred: a. At the end of a trial, a judge refused to allow an attorney to present an argument because he said that he knew what the argument would be and did not agree with it. Is this interference with the effec- tive and expeditious administration of business of courts?

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Final answer:

A judge refusing an attorney's argument based on anticipated disagreement violates judicial ethics, compromising fairness and the impartial administration of justice, and may infringe upon the rights underscored by the Sixth Amendment.

Step-by-step explanation:

When considering whether a violation of judicial ethics occurred in the situation where a judge refused to allow an attorney to present an argument at the end of a trial, it is important first to acknowledge the core responsibilities of a judge. Judges are expected to ensure that all parties have a fair opportunity to present their case. If a judge prematurely refuses to hear an argument based on his own presumption of its content, he negates the attorney's opportunity to represent their client effectively and may impede the administration of justice. This not only compromises the proper functioning of the judicial process but also potentially infringes upon the rights of the litigants, as supported by Glasser v. United States, which emphasizes the importance of effective legal representation under the Sixth Amendment .Moreover, ethics in the judiciary demand impartiality and fairness, requiring that judges avoid prematurely signaling opinions or biases during a case as it may suggest partiality or advocacy rather than neutral adjudication. Ethical concerns are further raised when judicial decisions are influenced by aspects outside of the evidence and arguments presented in court, compromising the integrity of the judicial process. In this case, by not allowing an argument, the judge also potentially engages in a form of judicial activism by imposing personal beliefs rather than adhering strictly to the rule of law and the evidence at hand. In sum, a judge refusing an attorney's final argument solely based on his own anticipation of its content does appear to violate the ethics of judicial conduct, as it interferes with the attorney's right to represent their client and potentially with the impartial and effective administration of justice.

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