Judicial Ethics Opinions
(1997-1999)


Opinion 99-6 star View
We have been asked to render an ethics opinion as to whether a part-time general sessions judge may serve as a certified Rule 31 mediator. See generally Sup. Ct. R. 31.

Opinion 99-5 star View

Opinion 99-5 (Concur)star View
We have been asked to render an ethics opinion regarding the Code of Judicial Ethics, specifically, (1) whether Judges and clerks may participate in a charity golf tournament sponsored by the Tennessee Judicial Foundation by playing on teams and sponsoring holes and/or tees, (2) whether members of bar association groups may be involved in hole and/or tee sponsorship and (3) whether it would be appropriate for the Foundation to seek participation from legal publishers or other suppliers by way of either fielding teams for the golf outing or participating in hole and/or tee sponsorship and whether such organizations could underwrite the financing of this tournament.

Opinion 99-4 starView
Before the Committee is the question of whether a trial judge may accept part-time employment with a large corporation if the work is non-legal in nature and the employment would not interfere with the proper performance of judicial duties.

Opinion 99-3 star View
The judge now inquires: (1) whether or not the Court should recuse itself from ruling on the pending divorce petition for ethical reasons; (2) whether or not a waiver by the parties can cure any ethical disqualification of the judge; and (3) whether or not the Court can disclose the contents of the complaint filed with the Court of the Judiciary to all parties and counsel upon request so a waiver of the judge's disqualification can be considered.

Opinion 99-2 star View
A request has been submitted to the Committee for an opinion regarding the propriety of certain political activity by a part-time municipal court judge. The judge has been requested by the "Alexander for President" campaign staff to be a co-chairperson for the Maury County local campaign.

Opinion 99-1 star View
Inquiry has been submitted to the Committee for issuance of an opinion as to whether a judge should recuse herself in all cases involving a certain law firm. An attorney "of counsel" with that firm represents the judge's husband's ex-wife in a domestic relations matter now pending in court.

Opinion 98-5 star View
This Committee has been asked to render an opinion regarding the propriety of juvenile court judges and their employees supervising probation and other programs for juveniles whom they have placed on any type of probation. Included in this issue is the appointment and supervision of probation officers for juvenile court.

Opinion 98-4 star View
We have been asked to render an ethics opinion regarding the Code of Judicial Ethics, specifically, whether a judge or judicial candidate can respond to probative questionnaires submitted to the judge or candidate by special advocacy groups which ask the judge or judicial candidate the manner in which the candidate would rule in specific cases, controversies or issues likely to come before the court, pending endorsement by such group.

Opinion 98-3 star View
The Committee has been asked to render an opinion for a judicial candidate concerning whether or not it is permissible under Rule 10,
Tennessee Rules of the Supreme Court, to advertise as follows:

Experienced, Fair, Committed
Candidate's Name
Circuit Court Judge, Part II

and (2) whether or not it is permissible under Rule 10, Tennessee Rules of the Supreme Court, for a judicial candidate's disclaimer on an advertisement to read as follows: "Paid advertisement. Paid for by (candidate's name)."

Opinion 98-2 star View
Inquiry has been submitted to the Committee for issuance of an opinion of whether a part- time General Sessions Judge with Probate jurisdiction may preside over the routine and uncontested probate of wills he has prepared.

Opinion 98-1 star View

Opinion 98-1 (Dissent)star View
Inquiry has been submitted to the Committee for issuance of an opinion directing whether a Judge may prepare and transmit a personal letter on private stationery to friends and/or acquaintances endorsing the candidacy of another Judge.

Opinion 97-6 star View
The committee has been asked to render an opinion for a general sessions judge in Hamilton County concerning the date that a candidate for general sessions judge can begin soliciting funds for the next election.

Opinion 97-5 star View
With reference to Committee Opinion No. 97-1, a request has been presented seeking further direction relative to the following judicial act. When a petition for an order of protection, pursuant to T.C.A. 36-3-605, is scheduled for hearing, the Judge's secretary obtains, through the local sheriff's department, a criminal history of both the petitioner and the respondent. Said criminal histories are compiled from T.B.I. and other local records. The parties are apprised of the Court's possession of this information and are questioned concerning the accuracy of the reports.

Opinion 97-3 star View
The committee has been asked to render an opinion for a chancellor concerning a request he has received from a city police department to assist them on his "non-judicial time" in firearms training and as a member of the police department's competing pistol team.

Opinion 97-2 star View
We have been asked to render an ethics opinion regarding the Code of Judicial Ethics, specifically, whether Canon 3(E) requires a judge to disqualify himself or herself if a lawyer for one of the parties in a proceeding has been retained by the Committee on Compensation and Retirement to assist in advocating the maintenance or improvement of judicial compensation before the General Assembly.