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Senate adopts joint resolution limiting ex‑parte communications with judges and administrative law judges
Summary
Senators approved Senate Joint Resolution 6 to add joint rules restricting legislators from communicating with judges or administrative law judges about pending matters, allow incidental contact, and provide ethics committee enforcement; the resolution was placed on the third‑reading calendar.
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Senator Valentine introduced Senate Joint Resolution 6 to establish joint rules about communications between legislators and the judiciary or administrative law judges. "There was no rule, no law, no regulation that governed it," Valentine said, describing the resolution as filling a gap for non‑attorney legislators and mirroring existing executive‑branch language for administrative law judges.
Under the proposed rule, legislators should not communicate about a case while it is active and pending. Valentine said the resolution defines a "final decision or order" as when appellate remedies are exhausted or the time to appeal has expired. The measure also preserves incidental, non‑influential contacts — for example, a casual encounter in a store — while prohibiting contacts intended to influence a case's outcome.
Senator Hilliard asked whether a final order includes matters on appeal and who determines whether a contact would 'unduly influence' proceedings; Valentine pointed to the definition in the joint rule and said the ethics committee would be the avenue for enforcement under the joint rule. He noted that attorneys remain subject to professional ethics rules and could face additional sanctions from the bar.
After floor questions and clarifications about amendment language, the Senate read the joint resolution for a third time and approved it by roll call; the president announced the resolution received 26 yea votes, 0 nays, and 3 absent and will be placed on the third‑reading calendar.
If adopted by both bodies, the joint rule would become part of legislative ethics guidance and provide a formal process for senators and representatives to seek direction from chamber leadership before speaking with judges about pending matters.
