Secret recordings and California's "no contact" rule

The WSJ Law Blog has this fascinating story about a criminal conviction of a government official that was secured mostly through the prosecutor's use of an audio recording of the defendant that was made in violation of California's "no contact" rule.  The trial court judge, Andrew Guilford, a former president of the State Bar of California, declined to suppress the tape recording.  The lack of a remedy for the ethics violation is now a critical issue on appeal.  Defendant's brief here; government's brief here.