Can a court appoint counsel to advise a witness on the Fifth Amendment?

California, United States of America

The following excerpt is from People v. Lucero, 254 Cal.Rptr.3d 233, 41 Cal.App.5th 370 (Cal. App. 2019):

¹⁹ "When it appears that a witness may give self-incriminating testimony, the court has a duty to ensure that the witness is fully apprised of his or her Fifth Amendment rights. The court may do so by appointing counsel to advise the witness, or the court may elect to discharge this duty itself." (People v. Schroeder (1991) 227 Cal.App.3d 784, 788, 278 Cal.Rptr. 237.) The trial court can avoid claims that the courts comments influenced the witness by appointing counsel.

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