1.3Access to Judge
“A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding, except” in the limited circumstances set out in MCJC 3(A)(4). The exceptions include communications for scheduling, administrative matters, consulting with court personnel, and, with the consent of the parties, conferring separately with the parties and their attorneys in an effort to reach resolution. See MCJC 3(A)(4)(a)-(e).
Committee Tips:
•The prohibition on ex parte communications precludes a judge from obtaining or seeking substantive information without both parties having the opportunity to participate. It is recommended that court staff be carefully trained to intercept prohibited ex parte communications.
•It is further recommended that court staff return an ex parte communication to the sender (if a return address is provided) advising that the court is precluded from considering the information without both parties having the opportunity to review and respond to the communication pursuant to the MCJC 3(A)(4). If court staff is unable to return the communication, it is suggested that the communication be sealed in an envelope clearly marked “ex parte communication” so it is not inadvertently reviewed by the court.
•Ex parte communications can include efforts by the parties or other persons interested in the case to contact the judge, contacts with or from police or other agencies, and communications with jurors. The judge also should not view the scene without notifying the parties, who should have the opportunity to be present.
B.Judge’s Appearance by Video Communication Equipment1
“The State Court Administrative Office is authorized . . . to approve the use of two-way interactive video technology in the trial courts to allow judicial officers to preside remotely in any proceeding that may be conducted by two-way interactive technology or communication equipment without the consent of the parties under the Michigan Court Rules and statutes. Administrative Order No. 2012-7, 493 Mich cx (2013).
“Notwithstanding any other provision in [MCR 2.407], until further order of the Court, AO No. 2012-7 is suspended.” MCR 2.407(E).