The term refers to a communication concerning a case, directed to a court, judge, or other adjudicatory body, without the knowledge or participation of all parties involved in the proceeding. Such communication can take many forms, including letters, emails, phone calls, or even direct conversations. For example, if one party in a lawsuit sends a document to the judge without providing a copy to the opposing counsel, that would constitute this type of prohibited contact.
Maintaining impartiality and fairness within the legal system necessitates strict limitations on this type of contact. The practice has the potential to undermine the principles of due process and equal protection under the law. Historically, prohibitions against such contacts have evolved to ensure that legal decisions are based solely on evidence and arguments presented in a transparent and adversarial setting. This protects the integrity of judicial proceedings and maintains public confidence in the judiciary.