Legal Question in Family Law in Kentucky

personal letters to a judge

Is it legal for an individual to write a letter directly to a judge. What is considered slander, how is slander defined?


Asked on 4/02/08, 12:08 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: personal letters to a judge

Ordinarily, it is unethical for an attorney to write a letter to a judge, without sending a copy to opposing counsel. This is known as an "ex parte" communication.

When non-lawyers, or parties to the litigation, write to the judge, usually the judge simply notifies all parties, through their attorneys, that an ex parte communication has been received by the court. Most of the time, the court will mail copies of the letter to the attorneys.

A party who persists in writing or calling the judge will likely be warned to stop this practice, on pain of being held in contempt.

Slander is part of a complicated area of law known as "defamation." Slander is spoken defamation, and libel is written or published defamation.

Whether or not a spoken phrase is slander depends upon a number of factors. To whom was the statement made? Was the statement true? Was the statement a matter of opinion, as opposed to a statement of fact? Was the statement "slander per se" (accusing a person of having a loathsome disease, etc.). Did the statement refer to a public figure?

There are so many requirements, exceptions, defenses, and privileges involved in the area of defamation, that it is impossible to give a clear and concise definition which fits every circumstance.

If you believe that you have been slandered, you would be well advised to discuss the particular facts of your situation with an attorney. You can seek a referral by contacting the Kentucky Bar Association on the internet.

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Answered on 4/02/08, 12:31 am


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