What is the Defendant's claim that he was denied a hearing before an impartial judge because the trial court was predisposed to deny the recommendation for outpatient status?

California, United States of America

The following excerpt is from People v. Sword, 29 Cal.App.4th 614, 34 Cal.Rptr.2d 810 (Cal. App. 1994):

Defendant next contends that he was deprived of his right to a hearing before an impartial judge because the trial court was predisposed to deny the recommendation for outpatient status. He cites several examples that he characterizes as extensive and improper examination by the trial court. Defendant also cites cases such as People v. Rigney (1961) 55 Cal.2d 236, 10 Cal.Rptr. 625, 359 P.2d 23, in which the trial court's comments and examination of witnesses could have improperly influenced a jury.
No such considerations were present here. There was no jury, and the proceedings were less formal than a criminal trial. ¹¹ Even in a criminal trial, examination of witnesses by the court is generally proper. (People v. Camacho (1993) 19 Cal.App.4th 1737, 1744-1746, 24 Cal.Rptr.2d 286.)

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