Wikipedia:Reference desk/Archives/Humanities/2022 November 3

= November 3 =

Lower court judge pleading in favor of own judgement?

 * Are there any legal systems, where in lower court judge 'personally' pleads in favour/ support of their judgement before higher court judges, during judgement review appeals by plaintiff ?
 * Here conduct of lower court judge is not being examined but just their judgement is under regular review.
 * @ the place of lower court you can assume regional / state level higher court and in place of higher court you can assume federal Supreme Court.
 * Is there any jurisprudential discussion in favour of or against lower court judge personally pleading in favour of their judgement in higher level court?

&#32;Bookku   (talk) 13:22, 3 November 2022 (UTC)


 * Negatives are hard to prove, but I've never heard of such a thing in a jurisdiction following the (local) rule of law. In an appeal before a court of law, the two sides arguing the case are the defendant and the plaintiff, or in a criminal case the prosecution. In a civil case the judge cannot be aligned with the plaintiff – they should have recused themselves. And a judge cannot also be a prosecutor. So if they are pleading in an appeal to a case which they decided, it should be on the side of the defendant, who was acquitted or at least sentenced to milder terms than are being sought in the appeal. I think pleading for the other side is theoretically possible if the original judge left office and is now pursuing a career as attorney or prosecutor, and they did not personally participate in the case being appealed, which however was decided based on jurisprudence established by that former judge. --Lambiam 13:12, 4 November 2022 (UTC)
 * I know it isn't possible as there is no precedence, but what is the reasoning behind such barring/limitation or why can't they be given an option to plead? Grotesquetruth (talk) 21:10, 10 November 2022 (UTC)
 * For obvious reasons, there have to be rules for who can argue a case in court, which should include the parties in the case. Legislators have seen no reasons to add any third parties, other than for rules allowing them to intervene in a case under specific circumstances, such as that they have a substantial legal interest in the outcome. If a judge wants to present their view on relevant points of law, they can (at least in the US) file an amicus brief. And so can you. --Lambiam 08:21, 11 November 2022 (UTC)