United States v. Powell

Opinion of the Court

Quinn, Chief Judge:

Before trial, the military judge conferred with a representative of the staff judge advocate in regard to the presentation of evidence in the case. Although we are certain of, and the record amply demonstrates, the purity of the judge’s purpose, we must condemn his extra-courtroom consultation. Any question the judge may have had as to a legal or factual issue in the case should have been taken up with trial and defense counsel in camera or in open court. See United States v Frye, 8 USCMA 137, 23 CMR 361 (1957); United States v Kennedy, 8 USCMA 251, 24…