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Young Thug & The Ex Parte Communication Controversy

by | Jul 8, 2024 | Legal Events

What are Ex Parte communications? Ex Parte communications, pursuant to California Rule of Court 5.235, are defined as direct or indirect communication on the substance of a pending case without the knowledge, presence, or consent of all parties involved in the matter. Ex Parte Communications are prohibited in all Court matters and can gravely affect your case before the Court if they occur. We are not to discuss your case with a Judge, or anyone connected to your matter without all the parties involved having knowledge, permitting us, or participating in the communication.

Recently, Ex Parte communications have been brought to light and are the center of media attention in the court case involving Young Thug, a rapper. Although not a family law matter, the same Ex Parte communication rules apply. In June of 2024, Young Thug’s Attorney, Brian Steel, filed a motion to remove the sitting Judge and to disqualify him from taking further action on the case, due to the Judge’s Ex Parte communications with a witness and the prosecution. Brian Steel, Young Thug’s attorney, took to the Court to request the disqualification of the Judge, when Steel discovered a meeting between a witness, Lil Woody, and the prosecution, where the witness allegedly admitted to killing Donovan Thomas, whom Young Thug is accused of murdering. This meeting occurred without the knowledge, permission, or participation of Young Thug’s legal team.

When Brian Steel, the lawyer, took this information to the Court and requested disqualification of the presiding Judge, due to the illegal and inappropriate Ex Parte communications between parties involved in the matter. Steel was held in contempt of Court for not disclosing his source to the information, immediately arrested, and placed in jail.

Steel contends that this meeting behind closed doors was inappropriate, and his team had a constitutional right to know what happened behind closed doors. However, the presiding Judge seemed more concerned with who “leaked” this information to Steel rather than the fact that these Ex Parte communications and meetings occurred.

This is a real-life example of the tumultuous outcomes of Ex Parte communications in a Court proceeding. Unfortunate or not, every party has a right to all information in their case. We must exchange our proposed Witness List when going to Trial to allow the other party to cross-examine and make their legal argument; we must exchange our evidence to prevent what is called “trial by ambush”; each party has a right to know all witnesses who will testify against them and any evidence that will be used in the matter. We cannot have secretive communications with any party to the case, meaning a Minor’s Counsel; a therapist; a mediator, etc. At all times, we must allow the Opposing Counsel/Party to have knowledge of said phone call or meeting and to allow all parties to be involved.

Ex Parte communications will delay your hearing and/or your matter and will not give you the upper hand. Everyone has the right to a fair trial, which means that we must conduct ourselves in a manner that allows that to occur. So, you may want your lawyer to contact the mediator to give them pertinent information, however, that can only happen if all parties are involved.

In the case of Young Thug, these Ex Parte communications are especially horrifying because they occurred between the presiding Judge and the prosecutor. A Judge has legal and ethical obligations to remain unbiased in your matter and must do everything in their power to remain that way. They may not hear information regarding your case unless it’s in open Court, to allow them to make a neutral ruling based on facts, evidence, and witness testimony in your case.

So, remember, before any communication is had in your case, think to yourself is this an Ex Parte communication and will this affect a party’s ability to make a neutral and unbiased opinion in your case?

 

 

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