What is a trial judge's duty to examine witnesses to elicit or clarify testimony?

California, United States of America


The following excerpt is from The People v. Davis, A123160, No. VCR178077, No. VCR197472) (Cal. App. 2010):

" 'A trial judge may examine witnesses to elicit or clarify testimony. [Citations.] Indeed, "it is the right and duty of a judge to conduct a trial in such a manner that the truth will be established in accordance with the rules of evidence." [Citation.] The trial judge, however, must not become an advocate for either party or under the guide [sic] of examining witnesses comment on the evidence or cast aspersions or ridicule on a witness.' [Citation.]" (People v. Cummings (1993) 4 Cal.4th 1233, 1305, habeas corpus granted on other grounds in In re Gay (1998) 19 Cal.4th 771; see also Evid. Code, 775.) In addition, the trial court commits judicial misconduct when it inaccurately states or distorts any testimony. (People v. Proctor (1992) 4 Cal.4th 499, 542.)

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