Can a judge participate in plea negotiations?

Although California law does not prohibit judicial involvement in plea negotiations, a judge's participation in plea discussions may improperly influence a defendant's decision to accept a plea agreement. "[W]hen the trial court abandons its judicial role and thrusts itself to the center of the negotiation process and makes repeated comments that suggest a less than neutral attitude about the case or the defendant, then great pressure exists for the defendant to accede to the court's wishes." (People v. Weaver (2004) 118 Cal.App.4th 131, 150 (Weaver).) Nonetheless, not every instance of judicial involvement in plea negotiations results in duress. (Id. at pp. 149-150.) "Judges can, in appropriate cases and in a reserved manner, play a useful part in that process." (Weaver at p. 150.)

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