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RULES REGARDING EX PARTE CONTACT OF JUDGES

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Your assistance in avoiding ex parte contact with Judge Nuffer on the merits of a case will be greatly appreciated.  Please consider these rules:

Canon 3A.(4) of the Code of Conduct for United States Judges:  

A judge should accord to every person who is legally interested in a proceeding, or the personís lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte communications on the merits, or procedures affecting the merits, of a pending or impending proceeding.

Rule 3.5 of the Rules of Professional Conduct of the Utah State Bar:

A lawyer shall not:

Seek to influence a judge . . . by means prohibited by law; or . . .in an adversary proceeding, communicate, or cause another to communicate, as to the merits of the cause with a judge or other official before whom a matter is pending, except:

In the course of official proceedings in the cause;

In writing if the lawyer promptly delivers a copy of the writing to opposing counsel or to the adverse party if such party is not represented by a lawyer;

Orally upon adequate notice to opposing counsel or to the adverse party if such party is not represented by a lawyer; or

As otherwise authorized by law . . .

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