Copying the other side does not relieve the misconduct of ex parte contact.

I am a practicing trial lawyer and I constantly see my opponents write letters to the judge assigned to the case raising issues. These letters are always copied to myself or other opposing counsel. Where is the line for ex parte contact?

Ex parte contact has been—from a pragmatic standpoint—diluted in recent years. Partly, it's the fault of the judiciary in receiving and allowing letters that go to substantive issues as opposed to just administrative issues and scheduling and continuances.

From a judicial standpoint, ex parte communication is covered in Rule 2.9 of the Code of Judicial Conduct. That rule prohibits any ex parte consideration or other communications made to a judge outside the presence of the lawyers or litigants concerning a pending or impending case. There are exceptions under Rule 2.9(a). There are exceptions for scheduling, administrative reasons or for an emergency. But, these types of ex parte contacts cannot address substantive issues. Even that type of ex parte communication is prohibited unless the judge believes no party will get any procedural, tactical or substantive benefit. And the judge has to immediately notify all parties of the ex parte communication and give the parties an opportunity to respond.