The officer's notes on the back of a citation are not considered ex parte communication.

The officer's notes on the back of a citation are not considered ex parte communication.

• A. True
• B. False
• C. Not Ex Parte
• D. Sometimes

Answer: (B)

Ex parte communication means a judge is receiving information from one party outside the presence of the other party. When an officer writes notes on the back of a citation, those notes are informal, privately held, and directed to the court without the defendant or defense counsel being present. If the judge might rely on that information in deciding about the case, it constitutes ex parte communication. Therefore, the statement that the officer’s notes on the back of a citation are not ex parte is false. In practice, information to the court should be included in the official record and disclosed so both sides have a chance to respond.

Ex parte communication means a judge is receiving information from one party outside the presence of the other party. When an officer writes notes on the back of a citation, those notes are informal, privately held, and directed to the court without the defendant or defense counsel being present. If the judge might rely on that information in deciding about the case, it constitutes ex parte communication. Therefore, the statement that the officer’s notes on the back of a citation are not ex parte is false. In practice, information to the court should be included in the official record and disclosed so both sides have a chance to respond.