If a judge has ex parte communication outside a court room with a defendant, can he be sued if proven?

My ex husband mailed documents to the court 3 days before our hearing. I wasn't served these documents and didn't know they were in my file. They were very incriminating and untrue. The court mailed them back to my ex because they were on yellow paper and no declaration was attached. He had moved and the Post Office mailed them back to the court. The court clerk placed them in our file. The commissioner made a ruling without allowing me to present my case or even talk. I filed a motion to reconsider. In court, he told my attorney to warn me of the consequences of perjury and fraud (because of the documents). He postponed the hearing 4 times. I was there to get medical arrears (children's) and modify child support. I went to look at my court file. The clerk said the file was still with the judge. The clerk said, "oh whoever falsified these document are in big trouble." The document had the time and date of my hearing written at the top. The commissioner has made me wait there all day and then continues the case. It's been almost a year since I filed. The commissioner has been extremely rude and never allows my attorney or myself to speak. My attorney thinks, I would win an appeal but she doesn't do appeals. She has never had a case like mine in her 20 years of practice.