Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
What you are referring to is an "ex parte" communication, where one party speaks to a judge, or provides information or documents to the judge outside the knowledge, or hearing of the other party.
Here is an excerpt from a Judicial Primer from the NY State Court of Appeals with statutory and case law references that may be of assistance:
Ex parte communications Code of Professional Responsibility DR 7-110(b) (22 NYCRR 1200.41) states: In an adversary proceeding, a lawyer shall not communicate, or cause another to communicate, as to the merits of the cause with a judge or an official before whom the proceeding is pending, except: 7 1. in the course of official proceedings in the cause; 2. in writing if the lawyer promptly delivers a copy of the writing to opposing counsel or to an adverse party who is not represented by a lawyer; 3. orally upon adequate notice to opposing counsel or to an adverse party who is not represented by a lawyer; or 4. as otherwise authorized by law, or by the Code of Judicial Conduct. The Rules of Judicial Conduct governing judges prohibit ex parte communications except, inter alia, those made "for scheduling or administrative purposes . . . that do not affect a substantial right of any party" (22 NYCRR 100.3[a]) Those rules also permit a judge to confer separately with the parties, with their consent (see 22 NYCRR 100.3[d]). Sending ex parte letters to a judge explaining a client's default and inquiring about procedure to reopen a matter warrants discipline (see Matter of Abbot, 167 AD2d 617 [3rdDept 1990]). A new trial was ordered where a trial judge improperly considered an ex parte conversation with the plaintiff’s attorney prior to issuing a supplemental order which resolved substantive issues in the prior trial (see Antoci v Antoci, 113 AD2d 857 [2nd Dept 1985]).
The evidence was presented in Small Claims court. I was there, but the evidence was given directly to the judge. He looked at it and returned it directly to the opposing party. I did not get a chance to review. This was very important because the opposing party said it was a certified letter that she sent to my family attorney. He never got it. I told this to the judge. The judge was quick to provide my evidence to the opposing party, but I was never given the opportunity to view the letter.
The fact that the evidence was given strictly to the judge and not to you makes this an "ex parte communication"
(you can be in the room, and still made unaware of the communication made to the court - the other party has an obligation to give you the document, both the other party and the judge are in violation of this rule).
Here is a link to the rules of judicial conduct: http://www.nycourts.gov/rules/chiefadmin/100.shtml
Here is a link to an article regarding the rules of professional conduct (attorney): http://assets.wne.edu/162/25_note_Legal_Et.pdf
And this is the link to the full article that I cited earlier (look for pg. 8 in the article - pg. 11 in the PDF): http://www.courts.state.ny.us/courts/ad2/forms/Law%20Guardian%20handbook/OrientationtotheProfessionProgramMaterials.pdf
Thank you sir. That is what I needed to know.
You are welcome, I do wish you the best. Please do not hesitate to let me know if you have further questions.
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