Sunday, May 21, 2017

Ithaca DWI Lawyer: What is Ex Parte Mean?

You will sometimes have judges stop defense attorneys from speaking to them because there is NO district attorney present (prosecutor). Beyond discussing the weather or how the hunting is this year case discussions of any type must be delayed till both sides are present.

Why would a judge stop a defense attorney from discussing a criminal case if no DA is present?

Why would a judge not be able to hear just from the district attorney if no defense attorney was present?

Ex Parte is One Sided Legal Communication 

Judges must have both sides present for the large majority of court situations. Both sides means a defender and a prosecutor. To just hear from one side is called "ex party" communication. How can a judge be impartial if he gives one side more time or the ability to argue without giving the other side a chance to respond?

Judges are supposed to allow both sides to be present in the interest of fairness, completeness, and justice. If one side is making any type of statement or defense or allegation then they should hear the opposing side's view point as well. This embodies a system of balance and neutrality to the proceedings. Give each side a chance to be heard and to respond.

If a judge or an attorney is found to have engaged in Ex- Parte Communication they can be reprimanded, suspended, or even disbarred. It depends on the severity and the context of the communication. No legal proceedings without fairness and balance in place.

Does Familiarity With Lawyers (defense and prosecutors) Breed Contempt or Love?

You know the whole psychology beyond getting used to people. If you are around people enough you tend to mingle and sometimes a friendship developed. This accounts for the number of nannies being knocked up by spouses and secretaries and assistants having affairs with their bosses. Even if there is a wide disparity in beliefs, looks, education, etc. this familiarity thing is very strong.

In the world of courts we have judges spending a lot of time with court staff. This also includes public defenders and prosecutors. They spend more time with these people then they do with local defense counsel. It is natural for many hours of time together to breed a familiarity. Some judges and clerks may grow to like or to even dislike these people. That is normal.

I have seen it work against prosecutors and defense lawyers who are always late, disrespectful, and carefree. Getting along with everyone is important, especially in smaller towns, cities, and villages. Word of bad behavior or manners travels faster than you might imagine.

As my grandma used to say, "something about flies and honey . . .