Tenn. Sup. Ct. R. 10, RJC 1.3

History

Comment [1] It is improper for a judge to use or attempt to use his or her position to gain personal advantage or deferential treatment of any kind. For example, it would be improper for a judge to allude to his or her judicial status to gain favorable treatment in encounters with traffic officials. Similarly, a judge must not use judicial letterhead to gain an advantage in conducting his or her personal business. [2] A judge may provide a reference or recommendation for an individual based upon the judge’s personal knowledge. The judge may use official letterhead if the judge indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office. A judge may use official letterhead if the judge’s professional knowledge is germane to the purpose of the letter, such as writing a letter of recommendation for a former or current law clerk or a letter of recommendation for admission to law school. [3] Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees, and by responding to inquiries from such entities concerning the professional qualifications of a person being considered for judicial office. [4] Special considerations arise when judges write or contribute to publications of for-profit entities, whether related or unrelated to the law. A judge should not permit anyone associated with the publication of such materials to exploit the judge’s office in a manner that violates this Rule or other applicable law. In contracts for publication of a judge’s writing, the judge should retain sufficient control over the advertising to avoid such exploitation. [5] Activities permitted by other provisions of these Rules do not fall within the scope of RJC 1.3. See, e.g., RJCs 3.7, 3.13, 3.14, 4.1, 4.2, and 4.4. For example, when permitted by other provisions of these Rules, a judge may attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office, may contribute to a political organization or a candidate for public office, may publicly identify himself or herself as a candidate of a political organization, and may seek, accept, or use endorsements from a political organization without violating RJC 1.3.