Tenn. Comp. R. & Regs. 0787-01-.03 - CONFIDENTIALITY
(1) Except as required under T.C.A. §
17-5-303(f), matters
that come before the Board are confidential. Individual members of the Board
will not discuss any matter pending before the Board, except with other members
of the Board and with the Board's disciplinary counsel. However, nothing in
this rule shall prohibit the complainant, respondent-judge, or any witness from
disclosing the existence or substance of a complaint, matter, investigation, or
proceeding before the Board or from disclosing any documents or correspondence
filed by, served on, or provided to that person. In addition, if it becomes
apparent that allegations of misconduct by a judge have become a matter of
public record independent of any action by the Board and that continued silence
by the Board may be detrimental to the public interest, may lead to bringing
the judiciary into public disrepute, or may adversely affect the administration
of justice, the chairperson in his or her discretion may (a) confirm that an
investigation is in progress, (b) clarify the procedural aspects of any
proceedings, and (c) explain the rights of the subject of the investigation to
a fair hearing without prejudgment.
Notes
Authority: T.C.A. §§ 17-5-201(f), 17-5-202(e), and 17-5-303(f).
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