Chester County lawyer Samuel C. Stretton. Courtesy photo Judges cannot testify as character witnesses.
Is a judge able to testify at a trial for a family member or as a character witness for a family member?Ethics Forum: Questions and Answers on Professional Responsibility
Is a judge able to testify at a trial for a family member or as a character witness for a family member?
February 09, 2023 at 02:33 PM
8 minute read
Ethics
Chester County lawyer Samuel C. Stretton. Courtesy photo
Judges cannot testify as character witnesses.
Is a judge able to testify at a trial for a family member or as a character witness for a family member?
The answer is no. Character testimony is precluded. It is not specifically stated in the Code of Judicial Conduct, but it is set forth in Rule 1701 of the Pennsylvania Rules of Judicial Administration. That rule is titled "Appearances of Judge or Magisterial District Judges as Character Witnesses." Rule 1701(a) precludes judges who are active judges or have senior status. Under Rule 1701(b), no subpoena can be issued to a judge or district judge to testify as a character witness unless the subpoena is approved by the Pennsylvania Supreme Court.
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