Is a trial judge's role as an umpire of the trial?

Lopez-Martinez seems to believe that a trial judge's only role is to call "balls and strikes," standing by to observe and occasionally ruling on objections pitched out by the attorneys. This characterization misconceives the role of the trial judge: "A trial judge is more than an umpire." United States v. Laurins, 857 F.2d 529, 537 (9th Cir.1988). And during a jury trial, the judge is surely more than a robed figurehead who simply observes the proceedings and keeps order. As we have explained, a judge "may participate in the examination of witnesses to clarify evidence, confine counsel to evidentiary rulings, ensure the orderly presentation of evidence, and prevent undue repetition." Id.

Although we have not had an opportunity, until now, to directly address the question, our sister circuits have held that there is nothing wrong with a judge suggesting a line of questioning to an attorney. See United States v. Ramos, 413 F.2d 743, 746 (1st Cir.1969) (per curiam) (holding suggestions "by trial judges to prosecutors concerning elements of proof and appropriate lines of inquiry have often been held proper, even when made in the presence of the jury"); Fischer v. United States, 212 F.2d 441, 444-45 (10th Cir. 1954) (noting the "court has the power, within reasonable bounds, to question a witness . . . and there is no reason why it may not direct an attorney to pursue a line of questioning if it is relevant to the case"). We agree with the reasoning of these courts; it would be disingenuous to condemn the trial judge's inquiry here, given that it is already well established that the judge may question the witness directly.