If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed
If you’ve been convicted of a crime in California, you might think your legal battle is over. But what if the judge and prosecutor were communicating about your case behind closed doors—without you or your attorney knowing? This type of ex parte communication is a serious violation of your constitutional rights, and it could be your ticket to getting your conviction overturned.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
What Are Ex Parte Communications?
Ex parte communications occur when a judge communicates with one party in a case—like the prosecutor—without the other party (the defense) being present or even aware that the conversation is happening.
When These Communications Cross the Line
Not every communication between a judge and prosecutor is improper. Routine scheduling matters or purely administrative issues typically don’t create constitutional problems. But when a judge starts advising the prosecution on trial strategy, suggesting which witnesses to call, or discussing the merits of the case, they’ve crossed a serious line.
The timing of these communications matters too. If they occur during trial—especially at critical moments when strategic decisions are being made—they can directly impact the outcome.
Real World Example: People v. Rockhill
A recent California case perfectly shows how serious these violations can be. The defendant was tried twice for murder. During his first trial, the defendant made incriminating statements to a bailiff, who then repeated those statements to the trial judge. Although the judge disclosed this conversation to the parties, they decided to proceed anyway. The jury deadlocked, resulting in a mistrial. During the defendant’s second trial before the same judge, the prosecution failed to call the bailiff as a witness. At that point, the judge sent ex parte text messages to a former colleague in the District Attorney’s Office, suggesting that the prosecutor should call the bailiff as a rebuttal witness. The prosecutor didn’t follow this advice, and the jury convicted the defendant of first-degree murder.
When the prosecution later disclosed these communications, the judge admitted her misconduct and recused herself from the case, which was then reassigned to a new judge. The defendant moved for a new trial based on judicial bias, but the new judge denied the motion, finding no evidence of bias or prejudice. The defendant was sentenced and appealed. The appellate court reversed the conviction and sent the case back for a new trial. The court held that the lower court’s reliance on the original judge’s assertion that she remained impartial was improper.
Protecting Your Constitutional Rights
Your right to a fair trial isn’t just a technicality—it’s the foundation of our justice system. When judges and prosecutors engage in secret communications that compromise that fairness, the conviction cannot stand.
Our firm is committed to examining every aspect of your case to identify constitutional violations that may have affected your conviction. Ex parte communications between judges and prosecutors are serious violations that appellate courts will not tolerate—and neither should you.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
