Disciplinary Counsel v. Stuard
Supreme Court of Ohio
901 N.E.2d 788 (2009)
Relevant factsFree
Judge Stuard (defendant) asked prosecutor Becker (defendant) to draft the court's own sentencing opinion in a capital case after conviction, then reviewed and had Becker revise it, all without defense counsel's knowledge until it became apparent at the sentencing hearing that prosecutors had prior access to the opinion; a disciplinary board found both violated judicial and professional conduct rules.
IssueFree
Whether an attorney may engage in substantive ex parte communications with a judge presiding over a pending or impending proceeding.
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