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Ex Parte Communication??

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wnagel

Member
What is the name of your state? KS

I was the litigant in a hearing last week before a new Judge. Instead of my attorney starting with an opening statement, calling witnessess, etc. The Judge stopped the proceeding right after the attorneys introduced themselves. The Judge said that he wanted to ask both litigants (custody hearing) some questions. He then proceeded to ask both litigants questions about the children, medical, education, etc. No swearing in, just an informal Q&A. Some of the spectators/witnesses in the back stood up and stuck in their two cents with the Judge listening attentively. Neither attorney was allowed to ask questions or cross examine. After the hearing, the Judge made a new visitation order and asked to speak to a few of the witnessess privately. He had them each, alone, without the transcriber, come into his chamber and speak with him about the case for about 15 minutes each. The two motions that we brought that were scheduled to be heard were both not heard even after are request. One of our motions was for sole custody and the other was to rule on a contempt against the mother for which there was already an arrest warrant. No need to say, that the new visitation order highly benefitted the mother. My question is; Is there enough here to recuse this Judge? He is a brand new Judge.
 


wnagel

Member
Asked him when? During the hearing I asked him to remind the court that we are here on two motions that have waited for quite some time to be heard. The court answered, 'Not Now'.

Afterwards, I asked my attorney about what went on in court today, as I have never seen anything like this. He said that he also has NEVER seen anything like this. At the end of the hearing, my attorney was requested to create the journal entry.
 

BelizeBreeze

Senior Member
And since your attorney is the one who knows this court, this judge, YOUR case, how do you expect us to offer any OTHER advice when we have nothing but a slim idea of your case?
 

wnagel

Member
My attorney was there, but many times attorneys are afraid to write a recusal as they have to practice in front of this Judge day after day and don't want to ruin their practice. I was looking for another opinion on what happened. Are there any other reasons why a Judge would have a private conversation about your case? Are there any exceptions to:

Supreme Court Rule 601, Canon 3A(4) (1996 Kan. Ct. R. Annot. 412) provides that a judge should accord to every person who is legally interested in a proceeding, or his lawyer, full right to be heard according to law, and, except as authorized by law, should neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding.
 

MinCA

Member
I believe ex parte is one-sides communication with a party to the case. I don't see speaking privately with a witness as ex parte, though I sure wouldn't want it. What does your attorney say?

And I do like that the judge spoke with you and your ex directly instead of through lawyers, who are known to spin more webs than spiders. That is NOT ex parte as you were both present with your attorneys.

On conflict of interest, ask your attorney. Not just whether he has seen this exact thing happen before, but in general.
 

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