Judicial Ethics: Ex Parte Communications.pdf

A judge shall perform duties impartially, competently, and diligently.
- Ex Parte Communications:
- Prohibition: Judges shall not initiate, permit, or consider ex parte communications or other communications outside the parties' presence concerning pending or impending matters, except as outlined below.
- Exceptions:
- Scheduling/Administrative/Emergency: Permitted if no party gains advantage, and all parties are promptly notified and given a response opportunity.
- Court Staff/Court Officials: Judges may consult with them for adjudicative responsibilities, avoiding new factual information.
- Mediation: Judges may confer separately with parties and lawyers with their consent.
- Legal Authorization: Judges may consider ex parte communications when expressly authorized by law.
- Inadvertent Communications: If a judge receives an unauthorized ex parte communication, they must promptly notify parties and provide a response opportunity.
- Evidence Consideration: Judges shall consider only the evidence presented and judicially noticeable facts.
- Supervision: Judges must ensure this rule is followed by court staff and others under their control.
- Comments:
- Inclusion of Parties: All parties or their lawyers should be included in communications with a judge, whenever possible.
- Notice to Parties: Notice should be given to the party's lawyer or, if unrepresented, the party.
- Social Media: Judges must avoid ex parte communications through social media or networking platforms.
- Therapeutic/Problem-Solving Courts: Judges may assume a more interactive role with parties and others in these courts.
- Consultation with Other Judges: Judges may consult with other judges but avoid ex parte discussions with those previously disqualified or with appellate jurisdiction.
- Factual Information: The prohibition extends to information available in all mediums, including electronic.
- Ethics Consultation: Judges may consult ethics advisory committees, outside counsel, or legal experts regarding their compliance with the code.
- Social Media Awareness: Judges should be aware of the potential for social media to become a vehicle for ex parte communications.