R.W., THE MOTHER, APPELLANT,
v.
THE DEPARTMENT OF CHILDREN & FAMILIES, ET AL., APPELLEES
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The court held that the trial court's participation in questioning witnesses did not constitute fundamental error or a deprivation of due process, as the appellant failed to object to most questions and the court cautioned the judge on impartiality.
[1] A trial court may question witnesses when required by the interests of justice to seek clarification and ascertain the truth, but must not become an advocate or appear to…
[2] The need for a trial judge to maintain impartiality and the appearance of impartiality is vital in both jury and nonjury proceedings.
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Join FLexlaw to unlock all legal intelligenceR.W. appealed an order terminating her parental rights, arguing the trial court abandoned its neutrality by questioning witnesses. She failed to objec…
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R.W. appeáls the trial court’s order terminating her parental rights, raising three claims on appeal. We find no merit in the first two issues raised.1 The third claim is that the trial court’s participation in the questioning of witnesses at the adjudicatory hearing constituted an abandonment of the trial court’s role of neutrality and impartiality. At the final hearing, however, R.W. failed to object to virtually all of the questions it now relies upon for this claim.2 R.W. asserts that the trial *980court’s conduct and participation constituted fundamental error and deprived R.W. of due process.
Upon the record presentéd,wé find no fundamental error or deprivation of due process, but we caution the trial court of the importance of maintaining impartiality and the appearance of impartiality. A trial court may properly question witnesses “when required by the interests of justice.” § 90.615(2), Fla. Stat. (2015). Such questioning may be appropriate, in the court’s discretion, to seek clarification of an issue and in an effort to ascertain the truth. R.O. v. State, 46 So.3d 124 (Fla. 3d DCA 2010). However, a trial judge must ensure that he or she does not become an active participant or an advocate in the proceedings and should not by words or actions make it “appear that his neutrality is departing from the center.” Riddle v. State, 755 So.2d 771, 773 (Fla. 4th DCA 2000).
Appellees posit that the concerns over neutrality and impartiality may be somewhat lessened because this was a non-jury proceeding. This argument misses the point. One might reasonably argue that there is an additional dimension of concern for neutrality and impartiality in the context of a jury trial, where a trial judge’s questioning, comments qr conduct may impermissibly influence the jury as factfinder. Nevertheless, the need to maintain impartiality, and the appearance of impartiality, is just as vital in a nonjury proceeding, as all parties are “entitled to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis v. Parks, 141 Fla. 516, 194 So. 613, 615 (1939). See also Sears v. State, 889 So.2d 956 (Fla. 5th DCA 2004) (applying Parks in the context of a nonjury proceeding). In Parks, 194 So. at 615, the Florida Supreme Court expounded on this principle:
This Court is committed to the doctrine that every litigant is entitled to nothing less than the cold neutrality of an impartial judge'. It is the duty of Courts to scrupulously guard this right and to refrain from attempting to exercise jurisdiction in any matter where his qualification to do . so is seriously brought in question.
The exercise of any other policy tends to discredit the judiciary and shadow the administration of justice.
It is not enough for a judge to assert that he is free from prejudice. His mien and the reflex from his court room speak louder than he can declaim on this point. If he fails through these avenues to reflect justice and square dealing, his usefulness is destroyed. The attitude of the judge and the atmosphere of the court room should indeed be such that no matter what charge is lodged against a litigant or what cause he is called on to litigate, he can approach the bar with every assurance that he is in a forum where the judicial ermine is everything that it typifies, purity and justice. The guaranty of a fair and impartial trial can mean nothing léss than this.
Affirmed.
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E.T. v. Dept. of Child. & Families, 261 So. 3d 593 (Fla. 4th DCA 2019)…ther called by the court or by a party.” § 90.615(2), Fla. Stat. “Such questioning may be appropriate, in the court’s discretion, to seek clarification of an issue and in an effort to ascertain the truth.” R.W. v. Dep’t of Children & Families, 189 So. 3d 978, 980 (Fla. 3d DCA 2016). “However, a trial judge must ensure that he or she does not become an active participant or an advocate in the proceedings and should not by words or actions make it ‘appear that his [or her] neutrality is departing from…
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M.W. v. State, 263 So. 3d 214 (Fla. 3d DCA 2019)
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Gamal Marwan v. Geilan Sahmoud, 306 So. 3d 248 (Fla. 3d DCA 2020)…rty.” This statute gives the court discretion to “seek clarification of an issue and in an effort to ascertain the truth.” Y.V. v. Dep’t of Children & Families, 271 So. 3d 1160, 1161 (Fla. 3d DCA 2019) (quoting R.W. v. Dep’t of Children & Families, 189 So. 3d 978, 980 (Fla. 3d DCA 2016)). However, a court’s use of this latitude to independently inquire as a means to supply or develop evidence for an essential element in a party’s claim or defense signals bias and is reversible error: Such questioning may be…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State ex rel. Thomas E. Davis v. Parks, 141 Fla. 516 (Fla. 1939)
- Atl. Coast Line R.R. Co. v. Holmes, 141 Fla. 595 (Fla. 1940)
- Valentine Sears v. State, 889 So. 2d 956 (Fla. 5th DCA 2004)
- Riddle v. State, 755 So. 2d 771 (Fla. 4th DCA 2000)
- R.O. v. State, 46 So. 3d 124 (Fla. 3d DCA 2010)