Ethical Formalism Ethical System

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I will be analyzing the following dilemma under the ethical formalism (Pollack, 2017). I am a defense attorney and a see a judge in my jurisdiction having dinner with a prosecutor and they are married to other people. I have a case in front of this judge and the prosecutor is my opponent. I consider requesting the judge to recuse himself from the case, but it could cause animosity for my client in his case if the judge refuses to do so. I could keep quiet and use the information on appeal., but my client could spend years in prison. Finally, I could do nothing and hope the judge is not biased toward the prosecution in his ruling. How would I handle the situation? Analyze the following dilemma under the ethical formalism ethical system: You are a defense attorney who sees a judge in your jurisdiction having dinner with a prosecutor. Both are married to other people. You happen to have a case in front of this judge and the prosecutor is your opponent. You consider that you could request the judge recuse himself from the case, but this may create animosity, and if he refuses, it could be detrimental to your client. Alternatively, you could keep quiet and use the information on appeal, but this may mean your client spends years …show more content…

The reason I believe this is the best course of action to take for my client is because I want my client to have a fair trial, even though there is a chance the judge will not recuse himself and it may cause animosity. I believe that as the defense attorney I have a duty to my client and I also have a moral obligation to expose the judge and prosecutor’s relationship regardless of the consequences, good or

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