In a recent case; Florida Bar v. Scheinberg, 38 Fla. L. Weekly (Fla 2013), an attorney was suspended for 2 years for sending 949 ex parte cell phone calls and 471 ex parte text messages to a judge during a six month period while the attorney was prosecuting a capital murder case before this judge
While the communications did not involve the case it was clear their communications were not casual or administrative, such as the type of conversation that might occur when a lawyer and judge pass each other in the hallway or when they serve on the same committees.
The communications between attorney and judge caused the underlying case to be retried consuming court resources as well as resources of opposing council.
Because of the appearance of impropriety and harm to judicial process, attorney was suspended from the practice of law for two years.
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