Impartiality and Decorum: Ex parte communications with a judge during a proceeding are allowed when?

Impartiality and Decorum: Ex parte communications with a judge during a proceeding are allowed when?

• A. If authorized by law.
• B. Never allowed.
• C. Only if the judge approves in writing.
• D. Only with the other party's consent.

Answer: (B)

Ex parte communications with a judge undermine impartiality and the fairness of the process. The rules require that a lawyer not speak to a judge about a case outside the presence of opposing counsel, so as to give all parties a chance to respond and to avoid any appearance of bias. In this context, the default and safest position is that such communications are not allowed. The only time an exception would apply is if there is explicit authorization by law or a court rule, which isn’t indicated in this scenario. Therefore, ex parte communications during a proceeding are never allowed.

Ex parte communications with a judge undermine impartiality and the fairness of the process. The rules require that a lawyer not speak to a judge about a case outside the presence of opposing counsel, so as to give all parties a chance to respond and to avoid any appearance of bias. In this context, the default and safest position is that such communications are not allowed. The only time an exception would apply is if there is explicit authorization by law or a court rule, which isn’t indicated in this scenario. Therefore, ex parte communications during a proceeding are never allowed.