Can a judge communicate with a deliberating jury during a trial?

The proscription against ex parte communication between the court and a deliberating jury protects a defendant's rights. "Communication between judge and jury during deliberations without affording defendant and counsel an opportunity to be present impinges on a defendant's constitutional right to the assistance of counsel." (People v. Hawthorne (1992) 4 Cal.4th 43, 69.) In the absence of a stipulation to the contrary, a trial court may only entertain communications from the jury in open court after counsel have been notified, so that the parties are apprised of any such communication and may timely object to any irregular action by the court or the jury. (People v. Hogan (1982) 31

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