Haluck v. Ricoh Electronics Inc.

Summary

        4th District California Court of Appeal, Division 3

        James Haluck and Michael Litton (plaintiffs) sued Ricoh Electronics Inc. for employment discrimination. During the trial, the judge overruled their objection to a Ricoh video after watching it with defense counsel. He used an "overruled" sign to "lighten things up" and switched to the "soccer style method" midway through trial, employing red cards "50 bucks each" to keep score. Defense counsel was permitted to "hit a few notes" of the theme song to The Twilight Zone during Litton's testimony and to compliment his "terrific poker face" at the conclusion of cross-examination. Plaintiffs appealed the judgment in Ricoh's favor, contending the judge's misconduct so infected the proceedings as to deprive them of a fair trial.

        Reversed and remanded to a different judge. Reversal is required where judicial bias so colors the record as to cause doubt regarding the impartiality of the proceedings. Here, the judge's viewing of the videotape was improper ex parte contact that "tainted" the court's ruling on its admissibility. Defense counsel was allowed to deride Litton at plaintiffs' expense during his rendition of The Twilight Zone and comment about Litton's poker face. The judge made a mockery of plaintiff's objections with use of the "overruled" sign and red score cards, conveying to the jury that he and defense counsel were a team and plaintiffs' counsel an outsider. The unequal treatment improperly created the impression that the judge was allied with defendants and the misconduct was sufficiently egregious as to merit reversal.

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