Maybe I am OCD, but we had a situation in Webb County last week that both baffled and appalled me. The judge held a hearing on an MTR . The guy was a notorious thief (business type) that had not paid restitution. The State proved up the allegation, both sides rested, closed, and argued. All of a sudden, the judge started asking him questions, and allowing him to defend himself (he had NOT been sworn and had NOT taken the stand). The prosecutor objected vigorously, asked that he be subjected to cross examination, etc., etc., etc, The judge said, basically, that the judge had a few questions and that the judge didn't really care if the prosecutor objected, and that there would be no cross examination. The defendant got away with lying through his teeth. Bad enough. [The prosecutor, in another case where the judge had made some apparently erroneous ruling, asked for a transcript of the proceedings, and the judge demanded to know why the State wanted it. The judge got no answer. I don't believe the prosecutor got the transcript.]

But, I digress. How many of you, my brothers and sisters, have had this happen (honestly, in 26 years of prosecuting, I have NEVER had a judge do this). I know judges will ask a witness who has been sworn a lot of questions from time to time, and you kind of cringe, but to allow unsworn testimony with no rebuttal AFTER the hearing has ended? If you have had this problem, how did you handle it (hopefully without respectfully having to ask for a PR bond on your contempt citation)?

[I edited this because I originally thought the complained of errors were in one case, rather than two.....]

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