I am a judicial officer. When I am deciding cases, besides my law clerk, sometimes I’ll talk to my staff such as my court officer to get his thoughts. Sometimes I’ll call another judge to get his input. Is that permissible or would that be ex parte communication?
The New Code of Judicial Conduct has expanded on the issue of ex parte communications from the old code. Rule 2.9 of the current Code of Judicial Conduct for Common Pleas and Appellate Judges is very specific. That rule prohibits a judge from initiating or considering ex parte communications. It also prohibits a judge from considering other communications made to the judge outside the presence of the parties or their lawyers. But, there are exceptions under Rule 2.9(a).
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