[1] Judges and judicial candidates are prohibited from personally soliciting campaign contributions or personally accepting campaign contributions. First, they provide guidance regarding the purpose, meaning, and proper application of the Rules. “De minimis,” in the context of interests pertaining to disqualification of a judge, means an insignificant interest that could not raise a reasonable question regarding the judge’s impartiality. [14] A judicial candidate may make campaign promises related to judicial organization, administration, and court management, such as a promise to dispose of a backlog of cases, start court sessions on time, or avoid favoritism in appointments and hiring. However, any complaints regarding any individual administrative judge’s or hearing officer’s conduct under the code shall be made to the chief administrative judge or hearing officer or other comparable entity with supervisory authority over the administrative judge or hearing officer, and any complaints about the chief administrative judge or hearing officer shall be made to the appointing authority. [9] Subject to paragraph (A)(12), a judicial candidate is permitted to respond directly to false, misleading, or unfair allegations made against him or her during a campaign, although it is preferable for someone else to respond if the allegations relate to a pending case. [2] This Rule does not prohibit a judge from commenting on proceedings in which the judge is a litigant in a personal capacity or represents a client as permitted by these Rules. Found inside – Page 469Petitioner cites the American Bar Association ( ABA ) Model Code of Judicial Conduct and the Tennessee Code of Judicial Conduct , Tennessee Supreme Court rule 10 , for the proposition that communications between Ms. Nunnink and Ms. See, e.g., Tenn. Code Ann. Tennessee Bar Association asks judicial candidates to sign ... The letterhead may list the judge’s title or judicial office if comparable designations are used for other persons. Among the factors that a judge should consider when deciding upon an appropriate settlement practice for a case are (1) whether the parties have requested or voluntarily consented to a certain level of participation by the judge in settlement discussions, (2) whether the parties and their counsel are relatively sophisticated in legal matters, (3) whether the case will be tried by the judge or a jury, (4) whether the parties participate with their counsel in settlement discussions, (5) whether any parties are unrepresented by counsel, and (6) whether the matter is civil or criminal.
Tennessee Board of Judicial Conduct Dec 2017 - Present 3 years 11 months. The Code of Judicial Conduct includes explanatory comments to each rule, and these comments are to Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1 through 4, of the Rules of the Tennessee Supreme Court, and any subsequent amendments thereto, shall apply to all administrative judges and hearing officers of the State of Tennessee. A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially. May a judge or judicial candidate contribute to a political party, a specific candidate's campaign, or some other form of political organization?
This comprehensive volume provides a series of summaries of the American Bar Association's legislative actions from 1982 to 2005 which shaped the ABA Model Rules of Professional Conduct. If the motion is denied, the judge shall state in writing the grounds upon which he or she denies the motion. [2] This Rule is not intended, however, to affect a judge’s ability to act on information as necessary to protect the health or safety of the judge or a member of a judge’s family, court personnel, or other judicial officers if consistent with other provisions of this Code. The narrowly drafted restrictions upon political and campaign activities of judicial candidates provided in Canon 4 allow candidates to conduct campaigns that provide voters with sufficient information to permit them to distinguish between candidates and make informed electoral choices. Adherence to the Code of Conduct is mandatory for all employees and officials within the Executive Branch of the State of Tennessee. Tennessee Civil Procedure provides a comprehensive, critical analysis of the Tennessee Rules of Civil Procedure as they have evolved over time. In summary, the petition asks the Court to amend Tenn. Sup. ((A) Unless otherwise prohibited by RJCs 3.1 and 3.13(A) or other law, a judge may accept reimbursement of necessary and reasonable expenses for travel, food, lodging, or other incidental expenses, or a waiver or partial waiver of fees or charges for registration, tuition, and similar items, from sources other than the judge’s employing entity, if the expenses or charges are associated with the judge’s participation in extrajudicial activities permitted by this Code. reasonable efforts. Therefore, it is not appropriate for the same judge to participate in a judicial settlement conference and, if such proceeding does not result in the resolution of the matter, to subsequently preside over the trial of the same matter or participate in any other contested issue in that matter. § 17-5-101, which states: It is expressly declared to be the legislative intent in the enactment of this chapter to: See RJC 3.10 and Comment [2] thereto. Nashville, TN 37243. SECTION 4.
[2] Gift-giving between friends and relatives is a common occurrence, and ordinarily does not create an appearance of impropriety or cause reasonable persons to believe that the judge’s independence, integrity, or impartiality has been compromised. For example, false or misleading statements might be made regarding the identity, present position, experience, qualifications, or judicial rulings of a candidate. Title 17, Chapter 5. (D) The restrictions of paragraphs (B) and (C) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding.
[1] “Appropriate action” means action intended and reasonably likely to help the judge or lawyer in question address the problem and prevent harm to the justice system. [2] A judge is obligated not to hear or decide matters in which disqualification is required, even though a motion to disqualify is not filed. The Rules should not be interpreted to impinge upon the essential independence of judges in making judicial decisions. Rule 8: Rules of Professional Conduct. | Tennessee ... [3] Depending upon the circumstances, the judge should consider whether it may be preferable for a third party, rather than the judge, to respond or issue statements in connection with allegations concerning the judge’s conduct in a matter. title 42 u.s.c. § 16-2-509(c), Tenn. Code Ann. The duties of judicial office, as prescribed by law, shall take precedence over a judge’s personal and extrajudicial activities.
; and. Yet rarely is public policy clearly cut.The underlying themes of this book are: * that the move to more definite rules is not only inevitable but also desirable* that existing codes of professional practice cannot simply be treated as a ... “Third degree of relationship” includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Tennessee Probate Court has jurisdiction over selected civil and criminal matters pertaining to domestic disputes, guardianships, and the administration of a decedent's estate or trust. Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1 through 4, of the Rules of the Tennessee Supreme Court, and any subsequent amendments thereto, shall apply to all administrative judges and hearing officers of the State of Tennessee. Where Can I Find Texas Code Of Judicial Conduct Law
[1] When a person who has been a continuing part-time judge is no longer a continuing part-time judge, that person may act as a lawyer in a proceeding in which he or she has served as a judge or in any other proceeding related thereto only with the informed consent of all parties, and only to the extent authorized by the Rules of Professional Conduct. A judge must avoid conduct that may reasonably be perceived as prejudiced or biased. Founded in 1881. [1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty imposed in RJC 2.5 to dispose promptly of the business of the court. Canon 2 - A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY. [7] The fact that a lawyer in a proceeding, or a litigant, contributed to the judge’s campaign, or supported the judge in his or her election does not of itself disqualify the judge. Tennessee Code of Judicial Conduct, Rule 2.11, Comment 7. 1360-4-1-.20.
There are a variety of ideals set forth there. § 16- 3-501. [4] Second, the Comments identify aspirational goals for judges. 1360-04-01-.20. 0787-01-.02 Chairperson and Vice-Chair of the The Board of Judicial Conduct can investigate complaints made against judges, including appellate, trial, general sessions, probate, juvenile, municipal and senior judges, as well as claims commissioners and candidates for judicial office. § 17-5-201 - Creation of board of judicial conduct ... (D) If a person who is serving in a fiduciary position becomes a judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judge. Offenses of which the board may take cognizance shall include the following: (1) Willful misconduct relating to the official duties of the office; (2) Willful or persistent failure to perform the duties of the office; (3) Violation of the code of judicial conduct as set out in Tenn. Sup. Phone: (629) 224-7482. When a judge is seeking appointive nonjudicial office, however, the dangers are not sufficient to warrant imposing the “resign to run” rule. Part 1 - Judicial Conferences 17-3-106 - Rules of conduct for judges. A judge who serves repeatedly on a part-time basis by election or under a continuing appointment is a “continuing part-time judge.” These include, but are not limited to, part-time judges, magistrates, referees, and judicial commissioners in the general sessions, juvenile, municipal and other courts. (A) A judge shall require court staff, court officials, and others subject to the judge’s direction and control to act in a manner consistent with the judge’s obligations under this Code. Participation in a variety of other extrajudicial activity is also permitted and encouraged by this Code. [4] While engaged in personal or extrajudicial activities, judges must not coerce others or take action that would reasonably be perceived as coercive. Rules of Professional Conduct. School of Law and the Justice at Stake Campaign to comment on the new Tennessee Code of Judicial Conduct and accompanying court rules proposed by the Tennessee Bar Association on February 25, 2011. [1] The right to be heard is an essential component of a fair and impartial system of justice. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election or appointment authority, authorizes or, where permitted, engages in solicitation or acceptance of contributions or support, or is nominated for election or appointment to office. For example, judges presiding in drug courts and monitoring the progress of participants in those courts’ programs may be authorized and even encouraged to communicate directly with social workers, probation officers and others outside the context of their usual judicial role as independent decision makers on issues of fact and law. A candidate for appointment to judicial office may: (A) communicate with the appointing or confirming authority, including any selection, screening, or nominating commission or similar agency; and. (B) When public reporting is required by paragraph (A), a judge shall report the date, place, and nature of the activity for which the judge received any compensation and the description of any gift, loan, bequest, benefit, or other thing of value accepted.
Model Code of Judicial Conduct - American Bar Association The Tennessee Bar Association is dedicated to enhancing fellowship among members of the state's legal community. Tennessee Criminal Code Handbook Attending to those obligations and situations, temporary in nature, is not prohibited by this Rule. An Application section establishes when the various Rules apply to a judge or judicial candidate. In this new Fifth Edition, the authors retain the comprehensive scope of Paine's original masterpiece, but update it to include all the latest statutory, rule, and judicial changes. Absent other facts, campaign contributions within the limits of the “Campaign Contributions Limits Act of 1995,” Tennessee Code Annotated Title 2, Chapter 10, Part 3, or similar law should not result in disqualification. 2019 Tennessee Code Title 17 - Judges and Chancellors Chapter 5 - Board of Judicial Conduct Part 3 - Jurisdiction and Proceedings § 17-5-302. A person to whom this Code becomes applicable shall comply immediately with its provisions, except that those judges to whom RJCs 3.8 (Appointments to Fiduciary Positions) and 3.11 (Financial, Business, or Remunerative Activities) apply shall comply with those Rules as soon as reasonably possible, but in no event later than one year after the Code becomes applicable to the judge. Judicial Ethics [1] In the course of performing judicial duties, a judge may acquire information that is unavailable to the public. Title 17, Chapter 2 (incompetence, disability and interchange). Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1 through 4, of the Rules of the Tennessee Supreme Court, and any subsequent amendments thereto, shall apply to all administrative judges and hearing officers of the State of Tennessee.
(A) A judge shall cooperate and be candid and honest with judicial and lawyer disciplinary agencies. 0800-02-13-.21 CODE OF JUDICIAL CONDUCT.