NCJ Number
113986
Journal
Loyola University of Chicago Law Journal Volume: 19 Issue: 3 Dated: (Spring 1988) Pages: 1031-1044
Date Published
1988
Length
14 pages
Annotation
The Illinois Supreme Court has developed a new version of its rule on ex parte communications. The new rule is discussed and suggestions are made for implementation and change.
Abstract
The rule bans ex parte communications, especially those intended to influence a judge's ruling in a case he or she is currently hearing. Judges should make it clear to counsel at the beginning of a case that they will not tolerate ex parte contacts and that they and counsel must obey the rule. Second, judge should never speak with one counsel outside of the presence of the opposing counsel during the trial. Third, a judge should not speak with a party or a witness outside of the presence of both counsel. Fourth, if a judge speaks with or receives a communication from anyone with an economic or personal interest in a case, he or she should ask whether opposing counsel would want to dispute the information received. A more direct way to attack the breadth of the rule is to reconsider the language of the rule; citizens must then ask themselves to what lengths they are willing to go to ensure that judges do not make or receive ex parte communications. 29 footnotes.