The Rules of Judicial Conduct command a judge to "neither initiate nor consider ex parte or other communications concerning the substance of a pending or impending proceeding," unless "authorized by law. Ex parte means, "[o]n one side only; by or for one party; done for, in behalf of, or on the application of, one party only. A postscript to Judge Heen's findings in this case says it well: The object of an ex parte proceeding is nevertheless to yield a substantially just result. McKennett made that change by inserting an amended page in the original judgment that Kapsner had submitted on February 16 to the clerk of court " But, I believe that the rules against ex parte communications and judicial actions in a pending matter were violated.
Judge Heen believed that the wording of this judgment was "the result of clerical mistake" and "was subject to ex parte correction by the Court's own initiative or by that of McKennett.
Richard A. McKennett
However, Rule 60 a is not a vehicle for relitigating matters that have already been litigated and decided, nor to change what has been deliberately done. The tribunal has an affirmative responsibility to accord the absent party just consideration. We cautioned, however, that it may have been preferable to proceed under Rule 60 bN. As security for payment of these sums, Marty shall have a lien on John's shares of stock in Vallely Truck Center, Inc. However, I agree that we should not approve a recommendation which disciplines a judge or a lawyer for an action which a prior majority opinion of this Court appears to condone.