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Hoopa CA 95546
Phone: (530) 625-4305
Fax: (530) 625-4307

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Why it's not appropriate to speak to the judge or write him a letter without notifying the other side and allowing the other side an opportunity to be heard at the same time?

A legal system is supposed to issue "blind" justice, without favoring one party/person/attorney over another person/party/attorney. The American legal system adopted much of English common law, thereby having an influence on the way legal justice is administered in Tribal Court. Under the American law, all people are to be afforded "due process". This means that everyone is entitled to a hearing before an impartial judge. Everyone is entitled to be able to cross examine (ask questions) of the opposing party of witnesses against them. Everyone is entitled to be given notice of legal proceedings against them. Everyone is entitled to face their accusers or anyone that has filed a complaint against them.

When a person/party/attorney approaches the Judge without the other person/party/attorney being present, it is unfair or at least gives the appearance of bias or partiality. The other person/party/attorney needs to be afforded the opportunity to respond to allegations or complaints or charges.
Therefore, it is unfair to all parties for the Judge to speak with people on the phone or in person without the other person being present.

The English and American legal system refers to communications to a Judge as being "EX PARTE" when done outside of the presence of the opposing party. "Ex Parte communication" means when one person/party/attorney speaks to the Judge without the other person/party/attorney present or writes a letter to the Judge without the other person/party/attorney present or writes a letter to the judge without serving the other person/party/attorney. Generally, ex parte communications are not legal. There are exceptions to this rule. If the communications is done according to the rules which allow an ex parte hearing and order to be issued in emergency or exigent circumstances, when irreparable injury or harm may come to the person or the person's children or property.