True or False: 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. False
• B. True
• C. Not sure
• D. It depends

Answer: (A)

Judges must avoid private communications about a case with any party. A telephone conversation between a judge and a defendant about the case is an ex parte contact, and it undermines due process and the defendant’s right to a fair hearing. Even though it isn’t a formal court appearance, such private discussions can influence the judge’s decision and create the appearance of bias. Any discussion about the case should occur in open court, or through proper, notice-given channels with both sides represented or present. Therefore, the statement is false.