I am a young attorney and during the trial, the judge was asking a number of questions that made me think the judge was advocating one position over the other. Can I object to the judge’s conduct?
Samuel C. Stretton.
Obviously, one should be very cautious and hesitant in objecting to a judge who is asking questions. On the other hand, one has to protect the record and properly represent their client. If a judge’s question is wrong and could result inadmissible testimony or if the judge is overstepping his or her bounds and acting in a more partisan fashion, then the lawyer has to object. If one doesn’t object, then the issue will most likely be waived. There is some case law where the appellate courts will excuse a lawyer from not objecting to a judge overstepping. But it’s rare and the rationale for excusing is that courts understand lawyers are very hesitant to anger a judge by objecting.
