New Ethics Code for TN Judges Draws Praise, Concerns

A new ethics code for Tennessee judges may increase the public’s confidence in the judiciary, but some changes come at the expense of judges’ First Amendment rights, critics warn.

The revamped Code of Judicial Conduct bars judges from making political donations and imposes tighter restrictions on when judges must step down, or recuse themselves, from cases because of conflicts of interest. These are the first major revisions adopted by the Tennessee Supreme Court in more than 20 years.
Among the sweeping changes, legal observers said recusal reform deserves the most praise.

“Tennessee, overnight, has one of the best policies in the nation,” said Charles Hall of Justice at Stake, a Washington-based campaign to reduce the influence of money and politics in state and federal courts.

The new code, which takes effect in July, provides more specific guidance on when a judge should step down from a case, including when a judge has received a level of campaign support from a litigant that would cause a reasonable person to question whether the judge can be fair. Judges also will be required to step down from a case if they have previously presided over a judicial settlement conference or mediation in the same matter.

“The new recusal rules are going to give all litigants more confidence,” Tennessee Chief Justice Cornelia A. Clark said.

In all situations in which a judge has been asked to step down but refused, the judge will now be required to provide a written explanation of why they denied the motion, and that decision can be immediately appealed, while the remainder of the case is put on hold, to a higher court.

“There is really a procedure in place now that increases the transparency of the entire process,” said Maria da Silva of the New York-based Brennan Center for Justice.

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New Ethics Code for TN Judges Draws Praise, Concerns