Art. 772 Comment on facts by judge in jury's presence prohibited

When a jury is present, the judge cannot talk about the facts of the case. This means the judge can't summarize the evidence, repeat what a witness said, or give an opinion about whether something has been proven or disproven.

This rule exists to protect the jury's role as the sole decision maker in the case. If a judge weighed in on the evidence or hinted at what they believed happened, jurors might feel pressured to agree with the judge instead of forming their own independent view. The judge's job is to manage the trial and explain the law, not to tell the jury what to think about the facts.

If a judge breaks this rule, it can be grounds for an appeal. A defendant's right to a fair trial depends on the jury reaching its own conclusions, free from the judge's personal opinions about the evidence.