SCR 20:3.5. Impartiality and decorum of the tribunal

Impartiality and decorum of the tribunal

A lawyer shall not:

(a) seek to influence a judge, juror, prospective juror or other

official by means prohibited by law;

(b) communicate ex parte with such a person during the

proceeding unless authorized to do so by law or court order or for

scheduling purposes if permitted by the court. If communication between

a lawyer and judge has occurred in order to schedule the matter, the

lawyer involved shall promptly notify the lawyer for the other party or

the other party, if unrepresented, of such communication;

(c) communicate with a juror or prospective juror after discharge

of the jury if:

(1) the communication is prohibited by law or court order;

(2) the juror has made known to the lawyer a desire not to

communicate; or

(3) the communication involves misrepresentation, coercion,

duress or harassment; or

(d) engage in conduct intended to disrupt a tribunal.

WISCONSIN COMMITTEE COMMENT

Paragraph (b) differs from the Model Rule in that it expressly imposes a duty promptly to

notify other parties in the event of an ex parte communication with a judge concerning scheduling.

ABA COMMENT

[1] Many forms of improper influence upon a tribunal are proscribed by criminal law. Others

are specified in the ABA Model Code of Judicial Conduct, with which an advocate should be familiar.

A lawyer is required to avoid contributing to a violation of such provisions. During a proceeding a

lawyer may not communicate ex parte with persons serving in an official capacity in the proceeding,

such as judges, masters or jurors, unless authorized to do so by law or court order.

[2] A lawyer may on occasion want to communicate with a juror or prospective juror after

the jury has been discharged. The lawyer may do so unless the communication is prohibited by law or

a court order but must respect the desire of the juror not to talk with the lawyer. The lawyer may not

engage in improper conduct during the communication

s, unless authorized to do so by law or court order.

[2] A lawyer may on occasion want to communicate with a juror or prospective juror after

the jury has been discharged. The lawyer may do so unless the communication is prohibited by law or

a court order but must respect the desire of the juror not to talk with the lawyer. The lawyer may not

engage in improper conduct during the communication.

[3] The advocate's function is to present evidence and argument so that the cause may be

decided according to law. Refraining from abusive or obstreperous conduct is a corollary of the

advocate's right to speak on behalf of litigants. A lawyer may stand firm against abuse by a judge but

should avoid reciprocation; the judge's default is no justification for similar dereliction by an advocate.

An advocate can present the cause, protect the record for subsequent review and preserve professional

integrity by patient firmness no less effectively than by belligerence or theatrics.

The duty to refrain from disruptive conduct applies to any proceeding of a tribunal, including a

deposition. See Rule 1.0(m).