I acquiesced in some Capital cases to a large level of ex-parte conduct by the defense. I read their caselaw at the time, and did not believe that it was nearly as broad as claimed. However, as in all Capital cases, you put up with a lot to get a cleaner record.

I am now seeing this ex-parte process of motions and hearings virtually every time a defense lawyer wants an investigator or expert. Usually we would not oppose those motions anyway, but for example retained counsel moving that the Court should pay for his experts, because his client is allegedly now indigent. I believe that I have a duty to review his affidavit of indigence. We recently caught an “indigent” defendant from his wife’s testimony at a bond hearing bringing in 72k/yr. in income.

I am curious how much ex-parte other Counties are seeing or do they just have their bluff in on me?

Our district judge handles all requests for funds ex parte. Even when defense counsel serves a copy, the judge reminds them that such motions are handled ex parte. I've never really had the time to determine whether this practice is proper (or ethical).

You might look at Williams v. State, 958 SW2d 186 (Tex.Crim.App.--1997). It talks about ex parte requests by a Defendant as it relates to expert witnesses on pages 191-192 of the opinion.