If the district attorney disagrees with the bail decision of a municipal court judge, during or after a preliminary hearing, the district attorney goes directly to a common pleas judge to get the decision stayed or reversed. Although the district attorney mentions to defense counsel that he or she is going, there is nothing filed and normally it’s an ex parte request to the judge. Is that ethical?
If the question correctly states the practice, no. First, requests are made in writing. There is no such thing as going to a judge ex parte with nothing in writing that can be sent to the other side. There is nothing before the judge.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
