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Rule 2.9. Ex Parte Communication

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
VII. Judicial Ethics (Refs & Annos)
Rule 81. Arizona Code of Judicial Conduct (Refs & Annos)
Canon 2. A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently (Refs & Annos)
Effective: September 1, 2019
A.R.S. Sup.Ct.Rules, Rule 81, Code of Jud.Conduct, Rule 2.9
Rule 2.9. Ex Parte Communication
Currentness
(A) 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 or their lawyers, 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 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 judge makes provision to promptly notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.
(2) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding.
(3) A judge may consult with other judges, or with court personnel whose functions are to aid the judge in carrying out the judge's adjudicative responsibilities. If in doing so the judge acquires factual information that is not part of the record, the judge shall make provision promptly to notify the parties of the substance of the information and provide the parties with an opportunity to respond. The judge may not abrogate the responsibility personally to decide the matter.
(4) A judge may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to settle matters pending before the judge.
(5) A judge may initiate, permit, or consider any ex parte communication when expressly authorized by law to do so.
(6) A judge may engage in ex parte communications when serving on problem-solving courts, if such communications are authorized by protocols known and consented to by the parties or by local rules.
(B) If a judge inadvertently receives an unauthorized ex parte communication bearing upon the substance of a matter, the judge shall make provision to promptly notify the parties of the substance of the communication and provide the parties with an opportunity to respond.
(C) Except as otherwise provided by law, a 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 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 judge's direction and control.

Credits

Added June 2, 2009, effective Sept. 1, 2009.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 81, Code of Jud. Conduct, Rule 2.9, AZ ST S CT RULE 81 CJC Rule 2.9
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document