Mass. Guid. Evid. 614
Subsection (a). This subsection is derived from Quincy Trust Co. v. Taylor, 317 Mass. 195, 198 (1944). See also Henry T. Lummus, The Trial Judge 19-21 (Chicago, The Foundation Press 1937).
Subsection (b). This subsection is derived from Commonwealth v. Lucien, 440 Mass. 658, 664 (2004), and Commonwealth v. Fitzgerald, 380 Mass. 840, 846-847 (1980). See Commonwealth v. Festa, 369 Mass. 419, 422 (1976) ("There is no doubt that a judge can properly question a witness, albeit some of the answers may tend to reinforce the Commonwealth's case, so long as the examination is not partisan in nature, biased, or a display of belief in the defendant's guilt."); Commonwealth v. Fiore, 364 Mass. 819, 826-827 (1974) ("The judge has a right, and it is perhaps sometimes a duty, to intervene on occasion in the examination of a witness.... Here a discrepancy appeared between the proffered testimony and earlier testimony of the same witnesses. A likely possibility existed that each witness would perjure himself or admit to perjury in his prior statement. As this became evident to the judge, he indulged in no transgression when for the benefit of the witness and to aid in developing the most trustworthy evidence he took a hand in indicating to the witness the extent of the inconsistencies. In this case the questioning by the judge was not clearly biased or coercive." [Citations omitted.]). Accord Adoption of Seth, 29 Mass. App. Ct. 343, 351 (1990). See also Commonwealth v. Hanscomb, 367 Mass. 726, 732 (1975) (Hennessey, J., concurring) ("The judge need not be mute; he is more than a referee. Justice may require that he ask questions at times. However, the primary principle in jury trials is that he must use this power with restraint."). Compare Commonwealth v. Watkins, 63 Mass. App. Ct. 69, 74 (2005) (trial judge's questions were appropriate because they helped to clarify the testimony), with Commonwealth v. Hassey, 40 Mass. App. Ct. 806, 810-811 (1996) (judge's cross-examination of defense witnesses "too partisan" and lacked appropriate foundation).
Subsection (c). This subsection is derived from Commonwealth v. Fitzgerald, 380 Mass. 840, 846 (1980). Despite "the natural reluctance of trial counsel to object to questions or comments coming from a judge, sometimes trial counsel's duty to protect his client's rights requires him to object, preferably at the bench out of the jury's hearing." Id. Where a party fails to object at trial to questions by the judge, any error by the trial judge is reviewed for a substantial risk of a miscarriage of justice. Commonwealth v. Gomes, 54 Mass. App. Ct. 1, 5 (2002).
Subsection (d). This subsection is taken nearly verbatim from Commonwealth v. Britto, 433 Mass. 596, 613-614 (2001). See also Commonwealth v. Urena, 417 Mass. 692, 701-703 (1994). In addition to the procedures outlined in Subsection (d), the judge should instruct the jury "not to let themselves become aligned with any party, and that their questions should not be directed at helping or responding to any party" the judge should also instruct the jurors "not to discuss the questions among themselves but, rather each juror must decide independently any questions he or she may have for a witness." Britto, 433 Mass. at 613-614. Upon counsels' review of the submitted questions, "[t]he judge should rule on any objections at [that] time, including any objection that the question touches on a matter that counsel purposefully avoided as a matter of litigation strategy, and that, if asked, will cause particular prejudice to the party." Id. at 614. Finally, the scope of the reexamination of the witness after juror interrogation "should ordinarily be limited to the subject matter raised by the juror question and the witness's answer. The purpose of reexamination is two fold. First, it cures the admission of any prejudicial questions or answers; and second, it prevents the jury from becoming adversary in its interrogation." (Citation omitted.) Id. at 614.