Legal & Judicial Ethics, 2011 Bar — Question 48

MULTIPLE CHOICE

After the prosecution cross-examined Shiela, a witness for the accused, Judge Pedro asked her ten additional questions that were so intense they made her cry. One question forced Sheila to admit that her mother was living with another man, a fact that weighed on the case of the accused. This prompted the latter's counsel to move to expunge the judge's questions for building on the prosecution's case. Judge Pedro denied the motion, insisting that bolstering a party's case is incidental to the court's desire to be clarified. Did Pedro commit an impropriety? (A) No, his ten questions could not be considered an undue intervention. (B) No, because the judge is free to inquire into any aspect of the case that would clarify the evidence for him. (C) Yes, because he effectively deprived the defense of its riqht to due process when he acted both as prosecutor and iudqe. (D) Yes, because nothing connects his desire to be clarified with the questions he asked.

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