CJC 2.9 - Ex Parte Communications

• Proposed Changes to CJC 2.9 - Ex Parte Communications (in Word Format)
• Comments Received for CJC 2.9 - Ex Parte Communications

A. Purpose:

The SCJA operates a Mentor Judge Program for superior court judges elected or appointed to the bench. The program maintains a list of current sitting judges who volunteer to serve as mentors to newly elected/appointed superior court judges. When the committee is notified of a new judge election or appointment, the chairs of the committee review the list of volunteers and assign a mentor judge from another jurisdiction to the new judge. This is intended to serve as a resource to new judges who may contact the mentor judge about any questions they may have related to their profession.

Between October 2011 and January 2013, 24 judges have left the bench. With each retirement we experience loss of quality experience and guidance. Many former judges, who have not returned to the practice of law (as defined in CJC 3.10), could still be excellent mentor judges. The SCJA would like to revise the Mentor Program to utilize the talents of recently retired judges who are willing to serve as mentor judges. In order to accomplish this, we request a comment be added to CJC 2.9 on Ex Parte Communications to clarify exchanges allowable between a sitting judge and a retired mentor judge.

CJC 2.9 provides in part:

A judge may consult with court staff and court officials whose functions are to aid the judge in carrying out the judge’s adjudicative responsibilities, or with other judges, provided the judge makes reasonable efforts to avoid receiving factual information that is not part of the record, and does not abrogate the responsibility personally to decide the matter.