Multistate Professional Responsibility Exam Practice Question
During a civil trial, one participant’s counsel calls the judge’s chambers to provide more information about a pending motion. Neither the other participant nor their counsel has been notified about this call. Which answer best describes the judge’s duty under the rules of judicial conduct?
Take note of the call contents and use them if it enlightens the pending decision
Sanction the caller for communicating to the court without the other side present
End the call and instruct the person to reinitiate the communication in a manner that includes all sides
Listen to the caller and restate the new information in open court at a later time
Judges are expected to refuse direct communication offered by one side without the other side’s awareness. The judge can stop a call in which a party attempts to discuss a pending matter alone. This preserves fairness and prevents advantages from secret contact. Suggesting that the judge quietly listen first and later summarize the content fails to prevent a perception of bias. Allowing the conversation to be considered just because new information might be relevant also undermines the principle of open, balanced proceedings.
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