Legal Question in Legal Ethics in California
judge as witness
Can a sitting judge be a witness in another unrelated case? Is the testimony of a judge considered prejudical to a jury because of the fact he is a judge?
2 Answers from Attorneys
Re: judge as witness
There is no reason why a judge cannot be a witness in an unrelated case. Of course, his or her proposed testimony must be relevant to the case.
Any person's occupation might have some influence with the jury. Some people might believe police more than other types of witnesses and a judge's testimony might have some increased influence or credibility. It is up to the trial judge to issue the proper jury instructions and the attorneys to ask the proper questions and make appropriate arguments to the jury.
Re: judge as witness
So long as the other case does not involve the judge's judicial duties, the judge can be a witness.
The judge in the case should give an instruction to the jury explaining how to weigh credibility of witnesses.
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