New ethics opinion says communications between referees and judicial officers are not ex parte

The State Bar of Michigan’s Standing Committee on Judicial Ethics released an opinion August 1, 2025, stating that communication between referees and the judicial officers they provide recommended orders to is ethical.

Opinion JI-159 cites Judicial Canon 3(A)(4), which states that “a judge should perform the duties of office impartially and diligently,” as well as Michigan Court Rule 9.201(B)(2), which states that referees are employees of the court and are subject to the same ethical obligations of judges.

“Referees are hired and compensated by the court, they do not act as advocates or representatives for any party but instead serve as neutral officers tasked with assisting the court in resolving matters efficiently and fairly,” Michigan Court Rule 9.201(B)(2) reads. “Their obligation to confidentiality extends to all aspects of their role, including communications with judges, parties, and counsel.”

You can read the full opinion here.

Posted: October 8, 2025