Can a federal judge make disparaging or critical statements about the defense counsel?

MultiRegion, United States of America

The following excerpt is from U.S. v. Ibarra, 1 F.3d 1247 (9th Cir. 1993):

As described above, the district court made several statements that were critical of the defense counsel. A trial judge ought always to avoid the appearance of giving aid to one party or another. United States v. Swacker, 628 F.2d 1250, 1254 (9th Cir.1980) (citing United States v. Allsup, 566 F.2d 68, 72 (9th Cir.1977)); see also United States v. Eldred, 588 F.2d 746, 749 (9th Cir.1978) (stating that a trial judge must avoid the appearance of advocacy or partiality). However, statements which seem to disparage a defendant's attorney rather than the defendant himself are less likely to prejudice the defendant before the jury or to affect the outcome of the trial. See Eldred, 588 F.2d at 750; United States v. DeLuca, 692 F.2d 1277, 1282 (9th Cir.1982); United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir.1979). Here, the district court's statements, though unfortunate, probably did not prejudice Ibarra.

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