Not A Good Idea For Judges To Give Gifts To Litigants

Trial judges are supposed to maintain an impartial attitude towards litigants and not show any favoritism. Who knows what the trial judge was thinking in DeCrescenzo v Gonzalez, 2007 NY Slip Op 09720. In that medical malpractice case, the trial judge had given a gift to the infant plaintiff during the trial and in front of the jury. The judge also gave gifts to the jury when the court recessed for a holiday break.  Based on this conduct, as well as demonstrating a propensity to admonish defense counsel, the Second Department found that the defendant was deprived of a fair trial. It thus reversed the jury's verdict in favor of the plaintiff and ordered a new trial.