In a Decision – E.M. v. K.L., ,, (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed and remanded the case to another judge after concluding that the trial judge improperly, admitted hearsay and interfered with Defendant’s right to cross-examination.
Defendant had requested an adjournment and followed the Court’s instructions to request an adjournment. The matter was tried without Defendant. Defendant conveyed that he had sought an adjournment and, as such, the Court tried the matter anew.
At the rehearing, before the same trial judge, the trial court apologized to plaintiff for having to sit through another hearing and prompted plaintiff to testify regarding certain dates, based on the trial court's recollection of plaintiff's testimony; the trial court further admitted hearsay testimony and documentary evidence. The trial court further shifted its instructions regarding defendant's ability to cross-examine plaintiff and ultimately suggested defendant testify in lieu of cross examination; the trial court then frequently interrupted defendant testimony to question his motives and reasoning. The trial court also required defendant to authenticate any documentary evidence he sought to introduce.