Question 1

What is ex parte communication in Florida judicial ethics?

Accepted Answer

Ex parte communication: communication between a judge and one party (or their attorney) about the substance of a pending case without the other party being present or having an opportunity to participate. FL: the FL Code of Judicial Conduct (Canon 3B(7)) prohibits ex parte communications. The prohibition: applies to all substantive communications about the case (not administrative or scheduling matters). Purpose: to ensure fairness (both parties must have: an equal opportunity to present their positions and respond to the other party’s arguments).

Question 2

What are the consequences of ex parte communication in Florida?

Accepted Answer

Consequences: judicial discipline (the FL Judicial Qualifications Commission can: investigate and discipline judges who engage in ex parte communications: reprimand, fine, suspension, or removal), reversal (if a party proves that an ex parte communication influenced the judge’s decision: the appellate court may reverse the decision), recusal (the judge may be required to: recuse themselves from the case due to the appearance of impropriety), and sanctions (the attorney who initiated the ex parte communication may be: disciplined by the FL Bar: reprimand, suspension, or disbarment). FL: takes ex parte communications very seriously.

Question 3

What are the exceptions to the ex parte communication prohibition in Florida?

Accepted Answer

Exceptions: scheduling (communications about: scheduling, administrative matters, and procedural issues that do not address the substance of the case), emergencies (temporary restraining orders and other emergency matters where: notice to the opposing party is impractical and the matter requires immediate attention), court staff (the judge may consult with: law clerks, court administrators, and other court personnel), other judges (the judge may consult with: other judges for guidance on legal issues), and settlement (the judge may: conduct separate settlement conferences with each party if both parties consent to the procedure). All exceptions: must be used narrowly and the judge must: promptly notify the other party of any substantive ex parte communication.

Ex Parte Communication Judicial Ethics

FL Ex Parte Communication

The Prohibition

Consequences

Exceptions

Related Terms

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