Why Shouldn't A Defendant Write Letters To The Judge

[clapt]

why do lawyers always say that the defendant should not write letters directly to the judge? My father is going through a hearing and everyone always tells him to give letters to the barrister instead of directly to the judge. In some other countries, it is normal for people involved in a case or trial to write directly to the judge. Is it considered rude if you do the same thing here? Is it especially so for a high court judge at the court of appeal (criminal division)?

[Baystategirl]

why do lawyers always say that the defendant should not write letters directly to the judge? My father is going through a hearing and everyone always tells him to give letters to the barrister instead of directly to the judge. In some other countries, it is normal for people involved in a case or trial to write directly to the judge. Is it considered rude if you do the same thing here? Is it especially so for a high court judge at the court of appeal (criminal division)?

It is considered "Ex Parte Communications" and is highly inappropriate. What is Judicially allowable in "some other countries" is irrelevant in this thread because this is a U.S. Legal matter.

[aaron]

Judges are usually quite adept at handling correspondence from a defendant, and typical approaches include returning it, or copying it and forwarding a copy to the prosecutor (and perhaps also the defense counsel). I once had a psychotic client who was writing to the judge, and at the first court hearing after the client's letter-writing campaign started the judge handed a huge stack (probably 100 pages) of photocopies to both the prosecutor and me. The judge indicated that he hadn't read the letters, which was particularly believable given that the content was close to unintelligible.

Defendants and their families do not necessarily know what they should be saying to a court, nor do they necessarily know the best way to make statements to the court. Look at some of the letters from the Scooter Libby case - some are little more than a recitation of the sender's résumé. Some, although I think it is safe to say none solicited by the defendant, threaten the judge. I once heard a defendant explain to a judge why he had failed to appear in court for a sentencing hearing - he and his girlfriend had gone to another town and started to use lots of heroin. That was the entire excuse, and it's not an excuse a defense lawyer would prefer a defendant give to a court, even if true.

Submission through counsel prevents problems with ex parte communication, and dramatically reduces the chance that inappropriate claims or information will be submitted to the court, either by the defendant or a well-meaning friend or family member.