Vt. Admin. Ord. Of. 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.

Vt. Admin. Ord. Of. Sup. Ct. 3.9

Amended August 6, 2019, eff. 10/7/2019.

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.

Reporter's Notes

Rule 3.9 is based on Vermont Code 1994, Canon 4F. The language "apart from the judge's official duties" replaces "in a private capacity" to make clear that a judge could serve as a neutral in pursuit of his official duties. See Comment [1]; ABA Reporter's Explanation 127-28.