Current through Register Vol. 54, No. 25, June 22, 2024
Rule 2.9 - Ex parte Communications(A) A magisterial district judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the magisterial district judge outside the presence of the parties or their lawyers or authorized representatives, concerning a pending or impending matter, except as follows:(1) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided:(a) the magisterial district judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and(b) the magisterial district judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond whenever the circumstances reasonably permit.(2) A magisterial district judge may obtain the written advice of a disinterested expert on the law applicable to a proceeding before the magisterial district judge, if the magisterial district judge gives advance notice to the parties of the person to be consulted and the subject matter of the advice to be solicited, and affords the parties a reasonable opportunity to object and respond to the notice and to the advice received.(3) A magisterial district judge may consult with court staff and court officials whose functions are to aid the magisterial district judge in carrying out the magisterial district judge's adjudicative responsibilities, or with other magisterial district judges, provided the magisterial district judge makes reasonable efforts to avoid receiving factual information that is not part of the record, and does not abrogate the responsibility to decide the matter personally.(4) A magisterial district judge may initiate, permit, or consider any ex parte communication when expressly authorized by law to do so.(B) If a magisterial district judge inadvertently receives an unauthorized ex parte communication bearing upon the substance of a matter, the magisterial district judge shall promptly notify the parties of the substance of the communication and provide the parties with an opportunity to respond.(C) A magisterial district judge shall not investigate facts in a matter independently, and shall consider only the evidence presented and any facts that may properly be judicially noticed.(D) A magisterial district judge shall make reasonable efforts, including providing appropriate supervision, to ensure that this Rule is not violated by court staff, court officials, and others subject to the magisterial district judge's direction and control.(E) It is not a violation of this Rule for a magisterial district judge to initiate, permit, or consider ex parte communications expressly authorized by law, such as when serving on therapeutic or problem-solving courts, mental health courts, or drug courts. In this capacity, a magisterial district judge may assume a more interactive role with the parties, treatment providers, probation officers, social workers, and others.