Category: Court Process · Statute: Canon 3B(7), FL Code of Judicial Conduct · Source: Florida Legislature
Understanding Ex Parte Communication in Florida
In Florida’s legal system, "ex parte" is a Latin term meaning "by or for one party." An ex parte communication occurs when a judge receives information, written or verbal, about a pending criminal case from one side without the other side being present or having notice. Under the Florida Code of Judicial Conduct, judges are strictly prohibited from initiating, permitting, or considering these one-sided conversations. This rule ensures the court remains a neutral arbiter and guarantees both the prosecution and the defense have a fair opportunity to respond to any evidence or arguments presented.
These prohibited communications can happen accidentally or intentionally. For example, a defendant’s family member might attempt to write a private letter directly to the judge explaining the defendant's character, or a prosecutor might discuss a case's merits with a judge in chambers without defense counsel present. When an improper ex parte communication occurs in a Florida court, the judge is legally required to promptly disclose the communication to all parties on the record. If the communication biases the court, it can lead to the judge being disqualified from the case entirely.
How Ex Parte Rules Impact Florida Bail and Pretrial Release
During first appearance hearings and subsequent bond modification motions, Florida judges must decide on pretrial release based solely on evidence presented in open court. A judge cannot privately consult with pretrial services, law enforcement, or the state attorney to gather background information on a defendant's risk level without the defense attorney's knowledge. Any information influencing the judge's decision to set, deny, or alter bail must be disclosed openly, allowing the defense to challenge the allegations and advocate for fair release conditions.