27 NCAC 02 RULE 3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL

1. (a) A lawyer representing a party in a matter pending before a tribunal shall not:

   1. (1) seek to influence a judge, juror, member of the jury venire, or other official by means prohibited by law;
   2. (2) communicate ex parte with a juror or member of the jury venire except as permitted by law;
   3. (3) unless authorized to do so by law or court order, communicate ex parte with the judge or other official regarding a matter pending before the judge or official;

   4. (4) engage in conduct intended to disrupt a tribunal, including:

      1. (A) failing to comply with known local customs of courtesy or practice of the bar or a particular

         tribunal without giving opposing counsel timely notice of the intent not to comply;

      2. (B) engaging in undignified or discourteous conduct that is degrading to a tribunal; or
      3. (C) intentionally or habitually violating any established rule of procedure or evidence; or

   5. (5) communicate with a juror or prospective juror after discharge of the jury if:

      1. (A) the communication is prohibited by law or court order;
      2. (B) the juror has made known to the lawyer a desire not to communicate; or
      3. (C) the communication involves misrepresentation, coercion, duress or harassment.
2. (b) All restrictions imposed by this rule also apply to communications with, or investigations of, family members of a juror or of a member of the jury venire.
3. (c) A lawyer shall reveal promptly to the court improper conduct by a juror or a member of the jury venire, and improper conduct by another person toward a juror, a member of the jury venire, or the family members of a juror or a member of the jury venire.

4. (d) For purposes of this rule:

   1. (1) Ex parte communication means a communication on behalf of a party to a matter pending before a tribunal that occurs in the absence of an opposing party, without notice to that party, and outside the record.
   2. (2) A matter is "pending" before a particular tribunal when that tribunal has been selected to determine the matter or when it is reasonably foreseeable that the tribunal will be so selected.