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Vaughn v. Progressive Casualty Insurance Co.7/29/2005
y case, but in this case the credibility and character of the appellant were more significant. Thus, the trial judge's comments that the appellant's attorney was delaying and extending the trial cast the appellant's case, if not the appellant, in an improper light, as evidenced by the testimony of the discharged juror.
Perhaps the public's perception of trial judges is that they are rude, abrasive, curt, and given to sarcastic remarks because of media's depiction of judges. However, Canon 3 of the Code of Judicial Conduct requires judges to be patient, dignified, and courteous to litigants and their lawyers because their demeanor may shape the trial's outcome and will cause the public's confidence in the judiciary to be undermined. Because the judge's behavior was intemperate and may have conveyed to the jury the judge's predilection as to the outcome, reversal is the only solution to ensure that the appellant receives a fair trial.
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