A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.
Fla. Stat. § 90.106 — Summing up and comment by judge
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The Judge as a Neutral Referee: This statute establishes a strict rule for the judge's conduct in front of a jury in Florida. It ensures the judge remains a neutral arbiter and does not improperly influence the jury's decision-making process.
What a Judge CANNOT Do:
• Sum Up the Evidence: The judge cannot provide a summary of the evidence presented during the trial. That role is left to the lawyers during their closing arguments.
• Comment on the Weight of Evidence: The judge cannot suggest that some pieces of evidence are more important or believable than others.
• Comment on Witness Credibility: The judge cannot state or imply that they believe or disbelieve a particular witness.
• Comment on Guilt: The judge is strictly prohibited from making any comment that suggests they believe the accused is guilty.
The ultimate determination of facts, the weight of evidence, and the credibility of witnesses is left solely to the jury.
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Cite as Fla. Stat. § 90.106 (2024)
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