Ex parte Communication And The Drug Court Team Interdisciplinary Education Learning Objectives: 1. Does the rule prohibiting ex-parte communications apply only to judges? 2. Precisely what does the rule prohibit? 3. What is the reason behind the so called staffing exception? 5 Canons Canon 00.018% Internal Affairs Rule 7: A judge shall accord to every person who has a legal interest in a proceeding, or that persons lawyer, the right to be heard according to law. Rule 7: A judge shall accord to every person who has a legal interest in a proceeding, or that persons lawyer, the right to be heard according to law. A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding Ex Parte Communication ALL Lawyers Need to be Present Objection Overruled Secre t Not all team members are the Legal Representatives of the Parties. States Attorney & Defense Attorney are. NO HAT NO HAT NO HAT (7)(f) A judge presiding over a criminal or juvenile problem solving court may initiate, permit or consider ex parte communications with members of the problem solving court team at staffings, or by written documents provided to all members of the problem solving court team. (7)(f) A judge presiding over a criminal or juvenile problem solving court may initiate, permit or consider ex parte communications with members of the problem solving court team at staffings, or by written documents provided to all members of the problem solving court team. A judge who has received any such ex parte communication regarding the defendant or juvenile while presiding over a case in a problem shall not preside over any subsequent proceedings to terminate that defendant or juvenile from the problem solving court, probation violation proceeding, or sentencing proceeding in that case. What Questions Do You Have?