Which statement best describes ex parte communications in these scenarios?

Which statement best describes ex parte communications in these scenarios?

• A. The officer's notes on the back of a citation are not considered ex parte communication.
• B. A letter to the judge from a defendant telling his side of the case is considered ex parte communication.
• C. A judge may talk on the telephone with a defendant about the case and it's not an official court appearance.
• D. A defendant's plea to the judge is always ex parte.

Answer: (A)

Ex parte communications are private messages between a judge and one party about a case, made outside the presence of the other party, and they’re generally not allowed because they can affect the outcome without the other side’s opportunity to respond. In these scenarios, the officer’s notes on the back of a citation aren’t ex parte because they’re part of the case’s record and not a private one‑on‑one message to the judge from a single party. They’re information included in the official paperwork that both sides can review, not a direct attempt to persuade the judge outside the formal process. By contrast, sending a letter from the defendant to the judge with his version of events bypasses the other side, which is exactly the kind of private communication ex parte rules intend to prevent. A judge calling a defendant on the phone to discuss the case outside a formal appearance is also ex parte for the same reason—private communication with one side. A defendant’s plea to the judge isn’t inherently ex parte; in an open court setting with both sides present, it’s part of the regular proceeding, not a private contact outside the hearing. So the statement describing officer’s notes as non–ex parte best fits the concept, while the other scenarios involve private communications that would be ex parte.

Ex parte communications are private messages between a judge and one party about a case, made outside the presence of the other party, and they’re generally not allowed because they can affect the outcome without the other side’s opportunity to respond. In these scenarios, the officer’s notes on the back of a citation aren’t ex parte because they’re part of the case’s record and not a private one‑on‑one message to the judge from a single party. They’re information included in the official paperwork that both sides can review, not a direct attempt to persuade the judge outside the formal process.

By contrast, sending a letter from the defendant to the judge with his version of events bypasses the other side, which is exactly the kind of private communication ex parte rules intend to prevent. A judge calling a defendant on the phone to discuss the case outside a formal appearance is also ex parte for the same reason—private communication with one side. A defendant’s plea to the judge isn’t inherently ex parte; in an open court setting with both sides present, it’s part of the regular proceeding, not a private contact outside the hearing. So the statement describing officer’s notes as non–ex parte best fits the concept, while the other scenarios involve private communications that would be ex parte.