Is a trial court misconduct if it makes disparaging remarks to defense counsel?

California, United States of America


The following excerpt is from People v. Nieves, 11 Cal.5th 404, 278 Cal.Rptr.3d 40, 485 P.3d 457 (Cal. 2021):

id . at 1232, 39 Cal.Rptr.3d 799, 129 P.3d 10 ). " Although the trial court has both the duty and the discretion to control the conduct of the trial [citation], the court "commits misconduct if it persistently makes discourteous and disparaging remarks to defense counsel so as to discredit the defense or create the impression it is allying itself with the prosecution" [citation]. Nevertheless, "[i]t is well within [a trial court's] discretion to rebuke an attorney, sometimes harshly, when that attorney asks inappropriate questions, ignores the court's instructions, or otherwise engages in improper or delaying behavior." " ( People v. Woodruff (2018) 5 Cal.5th 697, 768, 235 Cal.Rptr.3d 513, 421 P.3d 588.)

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