Tenn. R. Sup. Ct. 3.9

As amended through November 4, 2024
Rule 3.9 - Service as Arbitrator or Mediator

A judge shall not act as an arbitrator or a mediator or perform other judicial functions apart from the judge's official duties unless expressly authorized by law.

Tenn. R. Sup. Ct. 3.9

Amended by Order filed and effective 8/2/2021.

Comment

[1] This Rule does not prohibit a judge from participating in arbitration, mediation, or settlement conferences performed as part of assigned judicial duties. Rendering dispute resolution services apart from those duties, whether or not for economic gain, is prohibited unless it is expressly authorized by law. See Tenn. S. Ct. R. 31, §14(i) (permitting various part-time judges to serve as mediators) and Tenn. S. Ct. R. 31A, §16 (authorizing trial judges to participate in judicial settlement conferences). See also RJC 2.6 and Comments [2], [3], and [4] thereto regarding the role of a judge in judicial settlement conferences. A judge who participates in a judicial settlement conference is precluded by RJC 2.6 from presiding over the trial or any other contested issues in that matter.