The prosecuting attorney then submitted his declaration to the higher court indicating the views held by the trial court judge. The defense attorney was not present at the discussion with the trial judge and had received no notice of it. The writ was granted and the matter came back to the trial judge. The rule shall not apply to ex parte matters. The suppression order was an aspect of the criminal matter which was before the trial judge.
Attorneys have a duty to protect the impartiality of the decision-making process.
Improper ex parte contacts erode public confidence in the fairness of the administration of justice. Improper ex parte contacts also violate a duty of fairness owed to opposing counsel. They prevent opposing counsel from effectively performing' his role as an attorney. Although some review proceedings may require a trial judge to be a witness during the review of a matter decided by him, a judge is never like other witnesses. His role as an impartial decision-maker demands that his future impartiality be protected.