Can a trial judge question witnesses in the presence of a jury?

California, United States of America


The following excerpt is from People v. Pirhadi, G037338 (Cal. App. 8/20/2007), G037338 (Cal. App. 2007):

Evidence Code section 775 authorizes a trial judge to "call witnesses and interrogate them the same as if they had been produced by a party to the action . . . ." The trial court may question witnesses to clarify evidence, cover omissions in the evidence, or provide a witness the opportunity to fully explain his or her testimony. (People v. Hawkins (1995) 10 Cal.4th 920, 947-948.) "The constraints on the trial judge's questioning of witnesses in the presence of a jury are akin to the limitations on the court's role as commentator. The trial judge's interrogation "must be . . . temperate, nonargumentative, and scrupulously fair. The trial court may not . . . withdraw material evidence from the jury's consideration, distort the record, expressly or impliedly direct a verdict, or otherwise usurp the jury's ultimate fact-finding power.' [Citation.]" (Id. at p. 948.)

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