Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyHard
A lawyer is representing a client in a contentious administrative hearing. During a break, the lawyer overhears the administrative law judge (ALJ) discussing the case with opposing counsel, clearly indicating a predisposition against the lawyer's client based on information not presented in the hearing. The lawyer believes this constitutes a violation of the ALJ's impartiality. What is the lawyer's most appropriate immediate action?
- AFile a motion for disqualification of the ALJ based on the observed bias.
- BInform the client about the overheard conversation and continue with the hearing.
- CReport the ALJ to the judicial ethics committee after the hearing concludes.
- DConfront the ALJ and opposing counsel immediately about the improper discussion.
Show answer & explanationAnswer & explanation
Correct answer: A. File a motion for disqualification of the ALJ based on the observed bias.
If a lawyer observes conduct by a judicial officer that clearly indicates a lack of impartiality or improper ex parte communication, the most appropriate immediate action is to file a motion for disqualification. This directly addresses the impartiality issue and seeks to protect the client's right to a fair hearing, based on the evidence presented in the hearing.
Why the other options are wrong
- B. Simply informing the client and continuing would fail to address the fundamental unfairness of a biased tribunal.
- C. Reporting to an ethics committee is a long-term measure and does not immediately remedy the impartiality issue impacting the current hearing.
- D. Confrontation might be unprofessional and could disrupt the hearing without formally addressing the issue.
Impartiality of Tribunal
Lawyers have a duty to protect the impartiality of the tribunal and must take appropriate action if they observe judicial misconduct or bias.
- Prohibits ex parte communications with judicial officers.
- Lawyers must not seek to influence judges by improper means.
- Must address observed judicial bias or misconduct through appropriate legal channels.
Memory trick: Bias in court? Disqualify, don't just pout!