Revocation of probation order reversed due to trial judge's improper ex parte communications with prosecutor and bailiff.  [Added 2/19/10]

    Defendant was charged with violating his probation.  At the hearing, after the prosecution rested its case Defendant's counsel requested a recess to discuss whether Defendant would testify.  "The transcript reflects that while in recess, the trial court engaged in conversation with the assistant state attorney and the bailiff, during which the trial court made statements regarding [Defendant]'s guilt."

    Defendant appealed.  The Second DCA reversed, "[b]ased on the State's concession of error and our review of the trial court's improper ex parte statements . . .  See Spencer v. State, 615 So.2d 688, 691 (Fla. 1993) (finding that ex parte communication between trial judge and assistant state attorney during sentencing phase of trial amounted to reversible error and noting that 'there is nothing 'more dangerous and destructive of the impartiality of the judiciary than a one-sided communication between a judge and a single litigant'" (quoting Rose v. State, 601 So. 2d 1181, 1183 (Fla. 1992)))."  Sanchez v. State, 27 So.3d 234 (Fla. 2d DCA 2010).

Magistrate and judge may not communicate on merits of referred case without informing parties.  [Added 9/25/09]  --  Judicial Ethics Advisory Committee Opinion 2009-17.

Trial judge in post-dissolution child support and visitation case erred by adopting verbatim order prepared by one party without giving pro se opponent opportunity to comment.  Ross v. Botha, 896 So.2d 567 (Fla. 4^th DCA 2004) (on rehearing).  (See also Perlow v. Berg-Perlow, 875 So.2d 383 (Fla. 2004).)