Rule 2.9 Ex Parte Communications
Canon 2: A judge should perform the duties of judicial office impartially, competently and diligently
Rule Text
(A) A judge, except as authorized by law, should neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding.
Comment:
The proscription against communications concerning a proceeding includes communications from lawyers, law teachers, and other persons who are not participants in the proceeding, except to the limited extent permitted. It does not preclude considering and ruling upon emergency applications where circumstances require. It does not preclude a judge from consulting with other judges, or with court personnel whose function is to aid the judge in carrying out adjudicative responsibilities. It is not intended to preclude communications between a judge and lawyers, or parties if unrepresented by counsel, concerning matters which are purely procedural, such as those which pertain to scheduling, and which in no way bear on the merits of the proceeding. However, such communications should, as soon as practicable, be fully disclosed by the judge to all lawyers, or parties if unrepresented by counsel, involved in the proceeding. A judge should make reasonable efforts to ensure that this provision is not violated through law clerks or other staff personnel.
Except in the course of the judge's official duties, a judge should not initiate a communication of information to a sentencing judge or a probation or corrections officer but may provide to such persons information in response to a formal request.
(B) A judge, however, may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond.
Comment:
An appropriate and often desirable procedure for a court to obtain the advice of a disinterested expert on legal issues is to invite the expert to file a brief amicus curiae.
(C) A judge may, with consent of the parties, confer separately with the parties and their counsel in an effort to mediate or settle pending matters.