What is the current state of the law on misconduct in a civil case?

"A trial 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. [Citations.]" (People v. Carpenter (1997) 15 Cal.4th 312, 353.) "We 'evaluate the propriety of judicial comment on a case-by-case basis, noting whether the peculiar content and circumstances of the court's remarks deprived the accused of his right to trial by jury.' [Citation.] 'The propriety and prejudicial effect of a particular comment are judged both by its content and by the circumstances in which it was made. [Citation.]' [Citation.]" (People v. Sanders (1995) 11 Cal.4th 475, 531.)

First, defense counsel did not object on the basis of judicial misconduct. Accordingly, any claim has been forfeited. (People v. Boyette (2002) 29 Cal.4th 381, 459.) Second, even if we were to assume the objections have not been forfeited, there is no merit to the claim.

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