Legal question

[Kared]

Could someone please tell me what an Ex Parte letter is and why it would be sent to a judge?

Thank you

[Jay]

If we look at the general definition of it, you can decipher what such a letter would mean.

I don't know the exact reference to why you heard this, but an example may be an Ex Parte restraining order, where the person against who it is ordered does not know it, these type of RO's are rare.

Maybe this person thought a letter alone would accomplish what they had in mind without filing a "formal" one with the court??

http://www.legal-explanations.com/definitions/ex-parte.htm

[Katprint]

"Ex parte" means that the other party or parties did not receive notice. In the context of an "ex parte" letter sent to a judge, it would probably mean that a third party (i.e. not the prosecution nor the defense attorney) sent a letter to the judge supporting or condemning the defendant. For example, if the defendant's co-workers or church congregation or Alcoholics Anonymous counselor or some other person sent a letter to the judge saying the defendant had done certain good things that should be taken into consideration at his sentencing, that letter would be an "ex parte" communication to the judge. Similarly, as happened in a recent Florida case, if a female defendant sent a letter to the judge complaining that her defense attorney told her that he would not represent her anymore unless she agreed to have sex with him and also told her he would not represent her as diligently as he should unless she continued to have sex with him, that letter from the defendant to the judge would be an "ex parte" communication as well. When the judge receives "ex parte" communications, he usually files them in the court file and notifies both sides if appropriate.

With regard to restraining orders: Normally, "due process" requires all affected parties to be given formal notice and an opportunity to be heard. However, in domestic violence situations, one person can ask the court to make certain emergency temporary restraining orders (TROs) without notifying the other person; thus they are "ex parte." Such "ex parte" restraining orders are based on the sworn affidavit under penalty of perjury of the person seeking protection, and the allegations must satisfy certain legal criteria. TROs normally expire within a short time i.e. 5, 10 or 15 days, which is also the date the court will set the case for a further hearing. The protected person is supposed to arrange service of the TRO on the restrained person who will then have an opportunity to respond and/or oppose a permanent restraining order.

Katprint
Always only my own opinions

[gnm109]

Above posters are correct. Generally an ex parte communication would be between a party or the party's attorney directly to the Court without notice.

In the case of a TRO request as mentioned above, orders may be granted by the Court on an ex parte basis but notice will still be required to be given to the party to be restrained or the later hearing won't proceed. A proof of service on the defendant is required.

It's not at all uncommon for outside parties to send letters to the Court in cases where a trial is particularly newsworthy with an infamous defendant.

Attorneys will generally avoid any ex parte communications with a Court or Judge since it's considered unethical and there could be sanctions applied. When they wish to send such a letter, Courts will frown on them unless it is made clear that the other side was properly notified.

[Kared]

Is it proper for an inmate to send a letter to a judge about another inmate in the same prison. The judge presided over the case three years ago and the defendant was found guilty of murder. THe inmate sent a letter to the judge about the person who was found guilty. Is this something that happens often. The judge then sent a letter back to the inmate who wrote the letter.

[gnm109]

Is it proper for an inmate to send a letter to a judge about another inmate in the same prison. The judge presided over the case three years ago and the defendant was found guilty of murder. THe inmate sent a letter to the judge about the person who was found guilty. Is this something that happens often. The judge then sent a letter back to the inmate who wrote the letter.

As I mentioned above, generally ex parte commnications have to do with parties to a pending case speaking directly to the Court.

As far as I know, there are no ethical rules preventing an inmate from communicating with a judge. A lot depends on what the inmate is saying, too. If he's saying that the other inmate is a nice fellow and shouldn't have been convicted, then there's no problem.

If on the other hand, he's telling the judge about several other uncharged crimes of which the person in question may be guilty, then he's taking his life in his hands.

You haven't told us the background and the specific content of the letter. If your question is whether it's unethical for an inmate to send a letter to a judge, then my guess would be no. Generally inmates are lacking in ethics anyway. I can't thnk how one could punish them, either since they're already in jail. LOL.

If the letter is negative, it's a really foolish thing to do since people have been killed in prison for no more than a dirty look or some minor disrespect on the jail yard.

[J.D.]

Judges get letters from inmates all the time. Usually the inmate is protesting his innocense in which case the judge will write the inmate back and tell him he didn't find the him guilty the jury did so don't complain about the verdict to the judge.