Judges Prejudicial Comments During Trial Consequences In Texas

The judge is responsible for the general conduct and management of the trial. Metzger v. Sebek, 892 S.W.2d 20, 38 (Tex. App.--Houston [1st Dist.] 1994, writ denied). In fulfilling this responsibility, the trial court has discretion in expressing itself while managing the trial. Id. The judge may properly intervene in the proceedings to maintain control and promote expedition. Id. The judge should, however, refrain from verbally confronting or displaying displeasure toward counsel, particularly in the presence of the jury. Id. During trial, the judge should not make unnecessary comments or remarks that may result in prejudice to a litigant. Id. An appellate court should reverse a judgment because of improper comments or conduct on the part of the trial court only if the comments are prejudicial. Id. at 39. We make our determination of whether the error probably caused the rendition of an improper judgment by examining the record as a whole. Id.