Is a judge required to disclose exculpatory evidence (s)he encounters in a related case they are not hearing?

Question

I was wrongfully arrested and lost custody of my children temporarily. A week prior to a ruling In my custody case my judge held an ex parte meeting to announce there had been a breach in communication. The judge told all parties that he had been contacted by a county employee who spoke on behalf of my ex husband to “put in a good word for him” in the custody case. I believe (but don’t know) that this breach was by the sheriff who arrested me and is my ex husband’s friend. I believe that this contact is exculpatory evidence in my criminal case. Is the judge in my family law case required to disclose this potentially exculpatory evidence related to my criminal case? Can he be compelled to disclose who contacted him if it is exculpatory?

James L. Arrasmith · Answer

This is a complex situation involving potential ethical and legal issues across family law and criminal proceedings. Here's an analysis of the key points: 
 
1. Judicial Duty to Disclose: 
Generally, judges have an ethical obligation to report misconduct they become aware of, including improper attempts to influence judicial proceedings. However, the specific requirements can vary depending on the jurisdiction and the nature of the information. 
 
2. Exculpatory Evidence: 
Exculpatory evidence is evidence favorable to the defendant that could potentially exonerate them or reduce their culpability. The prosecution has a duty to disclose exculpatory evidence to the defense under Brady v. Maryland. However, this typically applies to prosecutors, not judges. 
 
3. Cross-Case Disclosure: 
There's no clear universal requirement for a judge in one case to disclose potentially relevant information to parties in a separate case, even if related. The judge's primary responsibility is to the case they're presiding over. 
 
4. Ethical Considerations: 
The judge did disclose the improper communication in the family law case, which was appropriate. Whether they have an obligation to report this to other authorities or cases depends on local rules and the specifics of the situation. 
 
5. Compelling Disclosure: 
If you believe this information is crucial to your criminal case, your criminal defense attorney could potentially: 
   a) File a motion requesting the information from the family court judge 
   b) Subpoena the judge or court records (though this can be challenging due to judicial immunity) 
   c) Investigate the alleged communication through other means 
 
6. Next Steps: 
   - Consult with your criminal defense attorney about this information and its potential impact on your case. 
   - Your attorney can assess whether and how to pursue this information formally. 
   - Consider filing a complaint with the appropriate judicial conduct board about the improper ex parte communication if you haven't already. 
 
It's important to note that while this information might be relevant to your case, it may not necessarily qualify as exculpatory evidence in the strict legal sense, depending on the specifics of your criminal charges. 
 
Given the complexity of this situation involving multiple cases and potential misconduct, it's crucial to work closely with your attorneys in both the family law and criminal cases to determine the best course of action.

Q: Is a judge required to disclose exculpatory evidence (s)he encounters in a related case they are not hearing?