2007
Opinion 07-02 View
May part-time Municipal Court Judges be precluded from representing criminal defendants in state court where police officers from the municipality are expected to be called as material witnesses; and further where one of the officers is alleged to be a victim?
Opinion 07-01 - View
May part-time Municipal Court Judges be precluded from representing criminal defendants in state court where police officers from the municipality are expected to be called as a material witness(es)?
2005
Opinion 05-03 -
View
What effect does the case of Republican
Party of Minnesota v. White, 536 U.S. 765 (2002), have on Canon 5A(3)(d), the
Pledges/Promises Provision of the Tennessee Code of Judicial Conduct?
Opinion 05-02 -
View
The Committee has been asked whether
Canon 3B(5) of the Canons of Judicial Ethics is violated when all those
convicted of misdemeanors are placed on supervised probation "at least until
they pay their court costs." Then, according to the inquiry, "the great
majority would be relieved of supervision." Further, the inquiry asks if this
procedure amounts to utilizing a criminal penalty to collect a debt which,
according to Tennessee Code Annotated section 40-24-105, is supposed to be
collected as a civil judgment.
Opinion
05-01 - View
The Committee has been
asked to render an opinion as to what law practice limitations apply as the
result of an attorney's becoming a part-time divorce referee and whether the
Canons of Judicial Ethics apply to such a person.
2004
Opinion 04-1 -
View
The Committee has been asked to render
an opinion as to the necessity of recusal by a trial judge when a law firm with
which the judge's child is affiliated makes an appearance in the judge's court:
1. Must a trial judge recuse himself/herself from all cases in which one of
the parties is represented by a firm in which his/her child is a salaried
partner?
2. Must a trial judge recuse himself/herself from all cases in
which one of the parties is represented by a firm in which his/her child is an
equity partner?
The Committee concludes that the fact a litigant is
represented by a firm in which the judge's child is a partner, whether salaried
or equity, does not require recusal of the judge from the litigation, but other
factors may make recusal necessary.
2003
Opinion 03-04
View
An inquiry has been presented
for the Committee's review and consideration which addresses the question of
whether a General Sessions Judge must resign from office upon becoming a
candidate for a state court judgeship.
Opinion 03-02
View
The Committee has been
asked to render an ethics opinion as to whether a Commissioner of the Tennessee
Claims Commission may continue to serve as a public interest director to the
board of the Federal Home Loan Bank (FHL Bank) of Cincinnati.
Opinion 03-03
View
A Commissioner of the Tennessee Claims Commission owns an interest along
with her spouse and two other persons in an office building. The inquiry is
made to this Committee as to whether, under the Code of Judicial Conduct, the
Commissioner may lease the office space to the State of Tennessee for her
Claims Commission Office.
Opinion
3-01
View
This
opinion addresses the question of whether the judge, which is the subject of
Opinion No. 99-1, should recuse herself in all matters in which an attorney and
his law firm have pending before the judge.
2002
Opinion
02-01
View
QUESTION:
May a judge serve as a member of the Tax Structure Study Committee?
2001
Opinion 01-01
View
An advisory
ethical opinion has been requested to determine whether or not it is a
violation of the Code of Judicial Conduct to allow a judicial candidate's
finance committee members to personally satisfy a political campaign deficit
created by an unsuccessful bid for judicial election in the summer of 2000.
2000
Opinion 00-04
View
Inquiry has
been presented regarding whether the closing of all divisions of the Shelby
County Courts of General Sessions during established court holidays constitutes
an ethical violation of any provisions of the Code of Judicial Conduct.
Opinion 00-03
View
This Committee has been requested to issue an
opinion addressing the propriety of judicial conduct of a part-time juvenile
court judge arising from the following factual scenarios: I. An attorney
represents a client in a criminal case. Subsequently, the client is accused of
the sexual molestation of a child in the custody of the Tennessee Department of
Children's Services. The same attorney who represented the client in the
criminal case may now be acting as the judge in the Juvenile Court hearing the
sexual molestation case. II. An attorney represents parents in a termination of
parental rights case in a county adjacent to Sequatchie. Within the week, the
attorney, acting as Juvenile Court Judge in Sequatchie County, hears a
termination of parental rights case involving basically the same issues. III. A
litigant before a part-time judge/lawyer later attempts to retain that
judge/lawyer to represent him in other pending matters.
Opinion 00-02
View
The committee
has been asked to render an ethics opinion as to whether Knox County General
Sessions Judges, as a matter of public policy, should recuse themselves from
cases in which a specific Knox County Deputy Sheriff is involved.
Opinion 00-01
View
May a candidate
who seeks appointment to a judicial office, following a vacancy of that office,
form a committee to solicit or accept funds for his or her candidacy for
election to that same office?