Email communications between a party and a judge's associate that contain substantive information material to the litigation, sent without copying the other party, constitute a serious impropriety but do not necessarily give rise to apprehended bias where the communications are promptly disclosed. A sentencing judge who contemplates making adverse findings that could not reasonably have been anticipated from the issues before the court must forewarn the offender and afford an opportunity to address those findings. Misleading conduct on a plea of guilty may reduce the discount for the plea by qualifying the inference of remorse, but the utilitarian component of the discount should not be reduced.
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