Ex Parte Communications

Ex Parte Communications misconduct occurs when a judge engages in direct or indirect communication with one party, counsel, or an interested third party about a pending or impending matter without the knowledge or participation of all parties. Such communications violate fundamental principles of fairness, compromise impartiality, and undermine the adversarial process by affording one side improper access or influence.

Key Features:

• Improper Contact: Receiving or initiating substantive discussions about the merits of a case with only one party present.

• Indirect Communications: Allowing staff, clerks, or intermediaries to convey messages or arguments outside proper channels.

• Content-Based Violation: Even well-intentioned discussions (e.g., settlement, procedural shortcuts) are prohibited if conducted ex parte.

• Appearance of Impropriety: The perception of secret or privileged access is sufficient to constitute misconduct, even absent actual prejudice.

• Exceptions: Limited communications permitted by law (e.g., scheduling, emergencies, or consent of the parties) must be narrowly confined and disclosed on the record.

Illustrative Example:
A judge meeting privately with a prosecutor to discuss trial strategy in a pending case, or receiving a letter from one party advocating their position and failing to disclose it to the opposing side.