The New Jersey Appellate Court held that ex parte communication with a judge required recusal and merits 

The judge disclosed the ex parte communication in chambers, and confirmed it on the record. In summary, one of the judge’s former law clerks,  who was an associate at the defense firm, contacted the judge by text to inquire if she was available to preside over the trial. The judge apparently had no prior connection to the case, which involved significant pre-trial motion practice. The former clerk identified the senior attorney at her firm who would try the case. The judge understood that the attorney liked to appear before her. The judge then spoke to the presiding judge and, relying on her seniority, secured assignment of the case.

When plaintiff’s counsel learned that the judge’s assignment of the case resulted from an ex parte contact with defense counsel, he sought the judge’s recusal.

The judge explained

[Defense counsel’s] firm had hired a prior law clerk of mine . . . I think that was five years ago . . . I told both counsel that [she] had texted me this morning saying that [defense counsel] was waiting around for a judge and I said well I’ll be in and I’d love to take the case.

In the course of the on-the-record colloquy, the judge later added that she requested the assignment from the presiding judge:

I’ll go further. I stopped in this morning and said, “You got a case around here, because I’m a senior Judge, I don’t like doing car accident cases.” So in some ways I get my pick. . . . Because that’s what 25 years on the bench will get you.