Can a lawyer send a judge a letter criticizing a decision in a case the lawyer had no part in?

Plain-English summary

The committee considered whether a lawyer could write a letter of criticism to a judge about a decision the judge made. The committee understood that the lawyer had not been involved in the litigation that resulted in the decision.

The committee was of the opinion that this would not be a prohibited ex parte communication because, on the facts presented, there was no pending litigation concerning the communication. The committee specifically did not express any opinion regarding the content of the proposed letter the inquirer submitted.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 3.5 on communications with a judge was later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Is a lawyer's letter criticizing a judge's ruling a prohibited ex parte communication?

A: On these facts, no. The committee was of the opinion that it would not be a prohibited ex parte communication because there was no pending litigation concerning the communication, and the lawyer had not been involved in the underlying case.

Q: Did the committee approve the letter the lawyer wanted to send?

A: No. The committee specifically did not express any opinion regarding the content of the proposed letter.

Background and rules framework

The opinion applies Washington RPC 3.5 on communications with a judge, corresponding to Model Rule 3.5, to a lawyer's letter criticizing a judge's decision in a case the lawyer had no part in. The committee turned on the absence of pending litigation concerning the communication and declined to opine on the letter's content.

Citations and references

Rules of Professional Conduct:

• Washington RPC 3.5 (communication with a judge; ex parte communication), corresponding to Model Rule 3.5.

See also

• CA Bar Ethics Op. 1984-078: ex parte communication with the trial judge
• ISBA Ethics Op. 93-12: ex parte communication to obtain emergency relief

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=146

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1035
Year Issued: 1986
RPC(s): RPC 3.5
Subject: Communication with judge; letter criticizing decision in matter in which lawyer was not involved

The Committee considered your inquiry regarding the propriety of a lawyer writing a letter of criticism to a judge regarding a decision made by that judge. The Committee understood the facts of your inquiry to be that the lawyer had not been involved in the litigation resulting in the decision. The Committee was of the opinion that this would not be a prohibited ex parte communication because, based upon the facts in your inquiry, there is no pending litigation concerning this communication. The Committee specifically did not express any opinion regarding the content of the proposed letter you submitted.