Originally posted January 25, 2023
Ex Parte Communications – What it is and why it is important
While investigating our government for corruption, we discovered a pattern of practice by Judge Matthew J. Wilson, First Judicial District Court, Santa Fe, New Mexico where he regularly not only allows ex parte communications from the foreclosure mill law firm but actually takes direction from the firm, Rose Ramirez & Associates P.C. f/k/a Rose Little Brand & Associates, P.C. Judge Wilson does not appear to be following the rules governing ex parte communications, is accepting those communications, is not forwarding those communications to other parties, and is apparently, through those emails is taking direction from the foreclosure mill. Acting upon this information, we requested from the First Judicial District Court,
“all emails from any email address ending in @rrafirm.com or rosebrand.com to sfeddiv9proposedtxt@nmcourts.gov from July 1, 2022 through present.”
We imagine you might be wondering what ex parte communications are, and you are probably thinking “so what if Judge Wilson allows it”. This is such an important topic the New Mexico’s Judicial Ethics Handbook for judges contains a section eleven pages long.
“So what”, the handbook explains that too.
Nothing is more dangerous and destructive of the impartiality of the judiciary than a one-sided communication between a judge and a single litigant. Even the most vigilant and conscientious of judges may be subtly influenced by such contacts.” Rose v. Florida, 601 So. 2d 1181 (Fla. 1992). A judge’s dilemma is remaining fair and unbiased while administering the court and living in the community.
The handbook states the general rule is
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 concerning a pending or impending proceeding. NMRA 21-300(B)(7).
The Judicial Ethics Handbook attempts to explain how to avoid ex parte and the appearance of impropriety.
Click here to read Ex Parte section of the Judicial Handbook
It also expands upon the negative repercussions of ex parte communications.
Note: the updated version of this handbook has very similar themes, but some modifications were made, primarily the numbered sections. It would be useful to compare the two in case anything substantive was modified.
Why Ex Parte Can Be Harmful – In Their Words
§ An ex parte communication can result in bias because the absent party does not have an opportunity to respond.
§ A judge may be influenced by the communication without realizing it.
§ The judge may receive inaccurate information as a result of the communication.
§ Even if the communication does not result in bias or misinformation, its occurrence destroys the court’s reputation for impartiality and creates an appearance of impropriety.
§ The judge who engages in ex parte communications may be seen in the community as being open to improper influence, affecting h[is] credibility.
§ Even the appearance of an ex parte communication makes the litigant feel cheated.
§ A judge can be disqualified from a case because of an ex parte communication, which disrupts the judicial process and encourages forum shopping.
§ The judge can be disciplined for the communication.
§ Practical remedies are few.
Ex parte communications are so serious that judges engaged in these types of communications can be permanently removed from the bench, and many have been. In fact, this is a typical reason for discipline of judges.
Despite the above, we uncovered a pattern of practice by Judge Matthew J. Wilson to accept ex parte communications from this foreclosure mill. In response to our request for communications for the four month period, we received seven ex parte emails to Judge Wilson, and his staff. The emails pertain to three different cases. The parties left out of the communications are Home Owners who represent themselves in the court.
Hopefully you are as appalled by his behavior as we are, and it has caused you to question the impartiality of the New Mexico Judiciary. If you see this Judge in your community, we hope you ask to have a chat with him about the principles of fairness, impartiality, and the importance of maintaining public confidence in the judiciary.
Click here to browse the documents we received for three separate cases, including ex parte communications.
DISCLAIMERS:
WE ARE NOT ATTORNEYS AND WE DO NOT GIVE LEGAL ADVICE. THIS INFORMATION IS FOR EDUCATIONAL PURPOSES ONLY
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