Can a judge comment on the evidence before the jury?

California, United States of America

The following excerpt is from Lewis v. Bill Robertson & Sons, Inc., 162 Cal.App.3d 650, 208 Cal.Rptr. 699 (Cal. App. 1984):

While section 10 of article VI of the state Constitution permits judicial comment on the evidence, it does not authorize the trial court to usurp the function of the jury as the exclusive trier of fact. (People v. Cook, supra, 33 Cal.3d 400, 189 Cal.Rptr. 159, 658 P.2d 86.) The court may evaluate testimony, but it cannot misrepresent the evidence or engage in partisan advocacy. (Id., at p. 408, 189 Cal.Rptr. 159, 658 P.2d 86.)

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