State v. Gokey

Reiber, C J.,

¶ 25. dissenting. I recognize that what the trial judge did here was unorthodox, and I agree with the majority that it may have raised the appearance of a lack of impartiality. At the very least, the judge’s actions — holding ex parte communications with two officers and a pharmacy manager during the middle of a trial — raise questions regarding compliance with *515Vermont Rule of Criminal Procedure 26(a), which, like its counterpart in Vermont Rule of Civil Procedure 43(a), generally requires that “the testimony of witnesses shall be taken orally in open court.” Nevertheless,…