so i gave a high school kid a class c assault based on the fact he agreed to pay 4K in restitution to the vic (another high school kid). worked closely with vic's mom... everyone was happy with the plea...lots of reasons the C was a good way to go...

kid was convicted 5/27/10. got 90 days pro forma. was ordered to pay restitution 5/27.
defense filed motion to deem restitution uncollectable (did not copy me) and judge granted on 10/8/10.

there was no follow up on this case (learned the hard way that i messed this up) and i just get wind of the restitution being deemed uncollectable.

i'm so mad--do i have any recourse here?

Let's see: (1) The judge made a dispositive ruling based on an ex parte communication without written or verbal notice to the State? And (2) the State thereafter did not receive "prompt" notice of the motion or ruling?

Canon 3A(4) of the Texas Code of Judicial Conduct prohibits many ex parte contacts with judicial officials.

Do you think the defense attorney's ex parte communication with the trial judge violated Rule 3.05 (b) of the Texas Rules of Professional Conduct (prohibiting most ex parte communications with judges)?

And do you think the defense attorney's ex parte communication with the trial judge violated Rule 8.04 (a)(6) of the Texas Rules of Professional Conduct (prohibiting a lawyer from assisting a judge or judicial officer in violating the rules of judicial conduct)?

I hope you're not stuck with having to tell the family to sue the juvenile, fiscal deliquent in JP court.