Does the constitutional amendment to the constitution allow the court to comment on the evidence and testimony and credibility of any witness?

California, United States of America

The following excerpt is from Dincau v. Tamayose, 131 Cal.App.3d 780, 182 Cal.Rptr. 855 (Cal. App. 1982):

"... The court may make such comment on the evidence and the testimony and credibility of any witness as in its opinion is necessary for the proper determination of the cause." Therefore we regard the constitutional amendment as controlling. Of course any comment by the court must be fair. (People v. Oliver (1975) 46 Cal.App.3d 747, 753, 120 Cal.Rptr. 368.) Here the instruction of the court was fair, and did not really constitute "comment" in the strict sense of the word.

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