The district attorney in my county was the campaign manager for the first assistant district attorney’s election campaign for judicial office. The first assistant district attorney won the election and will serve as a common pleas judge. The district attorney was quoted saying, “We’re really going to miss her in our office, but we are really going to have communications open with her. If she makes the wrong decision, I will not be shy. I will pick up the phone and tell her the errors she made.” Is there anything unethical about that?
Yes. Forgetting the ethics of the statement for a second, the statement by the district attorney concerning the election of his first assistant district attorney to judicial office was extremely ill-advised and demonstrates very poor judgment. Further, it undermines the integrity of the newly elected judge. In essence, the district attorney is talking about ex parte communications if he doesn’t agree with the judge’s decisions. He is saying he will call the judge and tell her the errors. This obviously would have an intimidating effect.
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