An Unholy Alliance: The Ex Parte Relationship Between the Judge and the Prosecutor

This article seeks to explain the relationship between the prosecutor and the trial judge and how that relationship must be closely monitored to avoid impeding the successful application of the adversary process. Part I explains the underlying premises of the adversary system. Part II describes the nature of the relationship between the prosecutor and the trial judge and how that relationship may impact the adversary process. Part III discusses improper ex parte communications as the antithesis of the adversary system.

Finally, Part IV suggests safeguards that can help avoid the creation of the "team approach" to prosecution.