What is the effect of a judge's improper remarks to counsel outside of the jury's presence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Robinson, 635 F.2d 981 (2nd Cir. 1980):

We recognize that a trial judge's improper remarks to counsel outside of the jury's presence may unnerve an attorney and make it difficult for him to serve his client to the full extent of his ability. Trial judges, like all government officials, must exercise power with restraint, and "display patience with counsel so as not to prejudice a party or create an impression of partisanship before the jury." United States v. Pellegrino, 470 F.2d 1205, 1207 (2d Cir. 1972), cert. denied, 411 U.S. 918, 93 S.Ct. 1556, 36 L.Ed.2d 310 (1973). However, the record reveals that all defense counsel, regardless of the judge's criticisms, vigorously and zealously represented their clients. They thoroughly and extensively cross-examined each of the principal witnesses called by the Government. They pursued numerous lines of inquiry designed to impeach these witnesses' credibility and recollections. The Government was required to toe the mark at every turn in the introduction of its proof. Defense counsel were afforded wide leeway in pursuing their defenses through cross-examination, introduction of evidence and long arguments to the jury in summation and they took advantage of this leeway. They fail to point to any ruling with respect to evidence or conduct of defense counsel which prejudiced a defendant or precluded his counsel from introducing or eliciting matter or arguments that would have been helpful to the defense. We are satisfied that the defendants were not denied effective assistance of counsel or a fair trial because of the judge's conduct toward their attorneys.

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