A judge may talk with a defendant on the telephone about his or her case, because a telephone conversation is not an official court appearance.

A judge may talk with a defendant on the telephone about his or her case, because a telephone conversation is not an official court appearance.

• A. True
• B. False
• C. Not Allowed
• D. Depends

Answer: (C)

A judge must avoid ex parte communications with a party about a pending case. A private telephone conversation between a judge and the defendant is not an official court appearance and happens outside the open courtroom and the presence of both sides (or their counsel). Such private discussions can create real or perceived bias and undermine due process, so they are not permissible. The proper way to discuss a case is in open court or through formal channels that involve all parties or their representatives. That’s why the correct choice is that this kind of telephone chat is not allowed.

A judge must avoid ex parte communications with a party about a pending case. A private telephone conversation between a judge and the defendant is not an official court appearance and happens outside the open courtroom and the presence of both sides (or their counsel). Such private discussions can create real or perceived bias and undermine due process, so they are not permissible. The proper way to discuss a case is in open court or through formal channels that involve all parties or their representatives. That’s why the correct choice is that this kind of telephone chat is not allowed.