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Rule 7: Appearance of Judge; Sanctions

Rule 7: Appearance of Judge; Sanctions

Sec. 1. Hearing Panel —Sanctions Consented by Judge.

If a judge consents to a sanction as provided for in Tenn. Code Ann. § 17-5-307(g), and the hearing panel approves the sanction agreement, then the sanction agreement shall be reduced to writing and shall be approved by the judge, the judge's counsel (if any), disciplinary counsel and the hearing panel, and the sanction order shall be entered by the presiding judge. Because a hearing panel may act only after formal charges have been filed against a judge, all sanctions administered by a hearing panel shall be public, whether or not the judge has consented to the sanctions.

Sec. 2. Investigative Panel —Private Admonition.

If a judge, with the unanimous concurrence of the investigative panel and the concurrence of the presiding judge, consents to a private admonition or deferred discipline agreement as provided for in Tenn. Code Ann. § 17-5-304(d)(2), then the judge shall personally appear before the investigative panel so that the investigative panel may confirm that the judge has consented to the private admonition or deferred discipline agreement and may administer such admonition to the judge or may accept from the judge such deferred discipline agreement. Private admonitions and deferred discipline agreements shall be reduced to writing and shall be signed by the judge, the presiding judge and the members of the investigative panel imposing such private admonition or deferred discipline agreement. Private admonitions and deferred discipline agreements shall specify the nature of the behavior that resulted in the private admonition or deferred discipline agreement. Such writings shall be confidential, and a copy of the private admonition or deferred discipline agreement shall be given to the judge; the original shall be retained in the files of the Court and may be used or released only as allowed in Tenn. Code Ann. § 17-5-301(f)(3).

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