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2007-07-11 04:40:28 · 14 answers · asked by Missy 1 in Politics & Government Law & Ethics

14 answers

There is no law or rule which states that you can not contact the judge. You can contact the judge but it is not in your best interest and you risk angering them. However, I would not advise contacting the judge unless its ABSOLUTELY necessary and if you are in a criminal trial I suggest you DO NOT do so. There are ethical considerations and the judge CAN NOT discuss your case with you AT ALL. If you are having trouble with an attorney, understanding what's going on in the case, need an extention or to change a date, ask your attorney or contact the clerk. In court, you may ask their permission to speak to him and wait for his/her decision. It is not advisable to have out of court discussions with the judge.

2007-07-11 04:42:35 · answer #1 · answered by Melli 6 · 0 5

"Ex parte" is a Latin phrase meaning "on one side only; by or for one party." An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties' knowledge.

Under the Judicial Code of Conduct, judges may not permit or consider "ex parte communications" in deciding a case unless expressly allowed by law. This ban helps judges decide cases fairly since their decisions are based only on the evidence and arguments presented to the court and the applicable law. It also preserves public trust in the legal and court system.

In civil matters, a lawyer’s ex parte contacts with a judge sometimes are authorized by state or federal laws of civil procedure. Rule 65(b) of the Federal Rules of Civil Procedure, for instance, sets forth specific procedures for requesting a temporary restraining order from a judge on an ex parte basis.

And in In re Jordan, 652 P.2d 1268 (1982), the Oregon Supreme Court dropped a disciplinary complaint against a lawyer who had obtained an ex parte restraining order against a spouse in a dissolution proceeding because a state statute specifically allowed judges to enter restraining orders without providing notice to opposing counsel.

In criminal cases, prosecutors may be authorized by statute to initiate ex parte contacts with judges for a variety of reasons, but some jurisdictions have determined that it may be necessary that the statute explicitly authorize the ex parte communication.

The Ethics Committee of the North Carolina State Bar concluded in Formal Ethics Opinion 15 (2002), for instance, that a prosecutor who contacted a judge ex parte to attempt to reinstate a bond could not rely on a statute that generally allowed prosecutors to apply to judges “at any time” for modification or revocation of orders of release, since the statute did not explicitly permit the type of contact in question.

2007-07-11 11:58:33 · answer #2 · answered by hexeliebe 6 · 1 3

Here in Kentucky you can actually have a pre-trial over the phone, it is rare unless you have an expensive attorney but entirely possible, especially if it is a fairly minor offense. If you are your own attorney and your neck is on the line you bet you can ask the judge for direction

2007-07-11 11:44:04 · answer #3 · answered by samhillesq 5 · 0 3

It is not unlawful, but the judge cannot accept or consider material respecting any case other than evidence presented in court.

2007-07-11 11:47:41 · answer #4 · answered by Anonymous · 2 2

It might be legal but it is unethical. Let your attorney do the talking thru motions. The judge is not allowed to discuss your case with you.

2007-07-11 11:44:18 · answer #5 · answered by firewomen 7 · 1 3

ANY contact with the judge (if you are not representing yourself) will be taken as a direct threat.

2007-07-11 11:58:11 · answer #6 · answered by Gabe J, the Pro Se 3 · 0 3

Not really, as long as you do it through proper channels like an assistant or Bailiff. He has to have the opportunity to decline your meeting if he deems it inappropriate (EVERYTHING is a t his discretion). Just don't try to catch him outside of his office/chambers- they really frown on that.

Good luck with your case.

2007-07-11 11:45:45 · answer #7 · answered by wupierto 4 · 1 3

Well, it's legal but unlikely the judge will respond. That's what you have legal counsel for.

2007-07-11 11:43:06 · answer #8 · answered by Mitchell . 5 · 1 3

You have to do it as a matter of the case, filed with the court, ect.

2007-07-11 11:44:40 · answer #9 · answered by Anonymous · 1 3

I don;t think so, besides that would jeopardize your case if you did. Not a good idea.

2007-07-11 11:43:09 · answer #10 · answered by hanginleft17 2 · 3 3

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