Delgado v. Donald J. Trump For President, Inc.

Background

On February 21, 2023, the court received an ex parte, in camera submission from Arlene Delgado concerning her counsel’s motion to withdraw. “Ex parte” means submitted to the court without providing it to the opposing parties; “in camera” means submitted privately for the court’s review. Delgado requested additional time to file a supplemental submission on the issue.

Ruling

The court granted the request for an extension. Delgado may submit a supplemental private filing of no more than five pages by Tuesday, February 28, 2023.

The submission raised a concern about whether sharing information with the court might waive attorney-client privilege, which generally protects confidential communications between a lawyer and client. The court stated that private submissions to the court do not typically waive that privilege. Delgado’s submission also raised concern that the filings might affect the court’s view of the parties. The court reassured her that they would not affect its decision-making on discovery or other issues.

Role of the Judges and Further Direction

Judge Parker stated that she was assigned only to general pretrial and settlement matters and would not decide dispositive issues—issues that could resolve claims or the case. The order states that Judge Analisa Torres would resolve those issues. If the case proceeded to a jury trial, the jury would decide the issues submitted to it. Counsel was directed to provide Delgado with a copy of the order.