State v. Phillips

I write separately to note in passing1 an apparently on-going occurrence in our judiciary in which judges are permitted, without restriction, under our Code of Judicial Conduct to engage in ex parte discussions on issues of law with individuals (“disinterested experts”) who are not parties to the proceeding. N.C. Code of Judicial Conduct Canon 3(A)(4) (2003).2

In this case, the trial court initially indicated that it would admit evidence of a telephone conversation that Corriher allegedly had with Defendant. Shortly thereafter, however, the State withdrew Corriher’s testimony. The trial court…