Ex Parte Communications - Canon 3B(7)(a)


A judge shall accord to all who are legally interested in a proceeding, or their lawyers, the right to be heard according to law. A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding except that:

        (a)   where circumstances require, ex parte communications for scheduling, administrative purposes or emergencies that do not deal with substantive matters or issues on the merits are authorized: provided:

                         (i)    the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and

                         (ii)   the judge makes provision promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond.