Disclosure By Judge Not Allowed

A recent opinion of the Massachusetts Committee on Judicial Ethics (Opinion 2007-7, Aug. 16, 2007) states that a judge who receives information ex parte from defense counsel on a motion to withdraw has no duty to disclose the information to the prosecutor or successor judge. The communication–concerning possible false testimony and obstruction of justice–was “not only authorized but also required by law. Because the record is sealed, the information is not available to the public. Since the rules require that a different judge hear the trial [the inquiring judge has] no further judicial duties with regard to the case.” (Mike Frisch)