Editor’s note: We are not going to do any analysis or comment on the ex partay until all the kids hand in their homework. In the meantime, the infamous Nunn Yabidnez weighs in on the ex partay, centered around the rule that forbids anyone from “earwigging the Chancellor” or “putting a bug in his ear.” Special note for Scott Taylor and those in Rio Linda: this does not actually mean someone will place an insect in a chancellor’s external auditory meatus.
Hilburn, a STATE appointed special judge, Singletary, the Special Master Hilburn appointed in a STATE case and Simpson, the Special Fiduciary appointed in a STATE case had absolutely no plausible need or arguably valid reason to be at such a meeting, “secret” or otherwise. The attorneys for a few members of a putative class, the Defendants’ attorneys, and reps of some of the Defendants were by their own admissions discussing settlement in a FEDERAL lawsuit that involved the exact same set of facts as the parallel STATE case. Even if none of the attendees intended to “discuss” any state cases, the presence of Hilburn, Singletary and Simpson was at best unnecessary and every attorney there including the judges and attorney/trustee Taylor knew or should have known it was a highly improper clear violation of numerous rules.
With it being a Chancery Court matter at the state, they were operating under not only the Rules of Professional Conduct and/or Code of Judicial Conduct, but also the Uniform Chancery Court Rules. Rule 3.10 states in part:
“No person shall undertake to discuss with or in the presence or hearing of the Chancellor the law or the facts or alleged facts of any litigated action then pending in the Court or likely to be instituted therein, except in the orderly progress of the trial, and arguments or briefs connected therewith.” and “Any person who shall violate this rule, knowing that such conduct is prohibited, shall be guilty of a contempt.” If they did not know Rule 3.10, they are not competent lawyers and if they did, they are guilty violating the rules and guilty of a contempt.