While a great deal of attention has been directed at the state’s merit selection system for judges (promises of a legislative “slobberknocker” in 2012 are in print this week, h/t Gavel Grab), Tennessee’s first big wave of legislative activity in 2012 may be focused on its statuatorily-created judicial disciplinary commission called the Court of the Judiciary (COJ). See Issue 5:11 for additional details and similar efforts in other states in 2011.
An Ad-Hoc Joint Committee on the Court of the Judiciary has been established to examine what legislators describe as a “clearly broken” system, including accusations the COJ ignores when judges refuse to recuse in cases where a conflict of interest exists, right down to the name of the body itself. At least one legislator has voiced concern with calling it a “court”, although the word “court” is used for similar bodies in Alabama, Delaware, and Oklahoma. h/t to the Twitter feed for the Tennessee Bar for news on the Ad-Hoc Joint Committee.
During the 2011 session a flurry of bills were introduced, debated, and advanced (details after the jump) and the state’s Lt. Gov. in a press release announced that one bill (SB 1088) is set to be on the 1st calendar when the legislature returns in January. In Tennessee bills not sent to the governor in odd-numbered years are automatically carried over into the even-numbered year session.
Tennessee HB 1197 Provides that if a party makes a timely recusal motion and judge denies it, the party has the right to have another judge sit by interchange or as special judge to hear and determine whether the motion should be granted or denied. In House Judiciary Committee.
Tennessee HB 1198 ORIGINAL: Provides that if a complaint is filed against a judge who is or was a member of the Court of the Judiciary at the same time as the investigative counsel served as counsel for the court, the investigative counsel must retain a special counsel to investigate any such complaint. AMENDED: Reconstitutes the membership of the Court of the Judiciary (COJ) effective October 1, 2011, and revises the appointment requirements. Reduces, from 16 to 12, the number of COJ members. Removes the appointment authority of the Tennessee Supreme Court, the Tennessee Bar Association, and the Governor. Authorizes the Speakers of House and the Senate to each appoint six members. Reduces, from four to two years, the term of each member of the COJ. Requires the COJ to file a quarterly report with the Chairmen of the Senate and House Judiciary Committees detailing the number of complaints for the previous quarter, the disposition of each complaint, and the status of any investigations. Requires the expenses incurred in the administration of this chapter to be paid through the Secretary of State’s office rather than the Administrative Office of the Courts (AOC). Approved as amended by House Finance, Ways & Means Committee 5/19/11. Re-referred to House Judiciary Committee 5/20/11.
Tennessee HB 1361 Provides that all records filed with, created by or in the possession of the Court of the Judiciary or the office of investigative counsel be maintained by the administrative office of the courts for at least eight years from the date of creation or receipt and that maintenance of the records does not change their status as a public or confidential record. Approved by House Judiciary Committee, General Subcommittee 4/27/11.
Tennessee HB 1362 Provides that if complaint filed against a judge and the judge is not reelected, resigns or retires before disposition of the complaint, the Court of the Judiciary must make the complaint and allegations contained therein public. Approved by House Judiciary Committee, General Subcommittee 4/27/11.
Tennessee HB 1363 Provides that rules adopted by the Court of the Judiciary may not be inconsistent or in conflict with the statutory provisions establishing the court Approved by House Judiciary Committee, General Subcommittee 4/27/11.
Tennessee HB 1366 Changes burden of proof necessary to cause investigation of a judge for misconduct from a reasonable person believing there is a substantial probability that misconduct occurred to probable cause that the misconduct occurred. Approved by House Judiciary Committee, General Subcommittee 4/27/11.
Tennessee HB 1367 Authorizes the investigative panel of the Court of the Judiciary to request that a judge file a written response to a complaint filed against the judge within 20, rather than 30, days after service of notice. In House Judiciary Committee.
Tennessee SB 282 Vacates entire membership of Court of the Judiciary. Removes state bar’s ability to name or appoint members. Replaces members with 6 judges (chosen by supreme court) and 10 nonattorney/nonjudges (4 chosen by governor, 3 speaker of the house, 3 speaker of the senate). Withdrawn 3/14/11.
Tennessee SB 1088 Provides that if a complaint is filed against a judge who is or was a member of the Court of the Judiciary at the same time as the investigative counsel served as counsel for the court, the investigative counsel must retain a special counsel to investigate any such complaint. Approved by Senate Judiciary Committee 5/20/11.
Tennessee SB 1089 Provides that if a party makes a timely recusal motion and judge denies it, the party has the right to have another judge sit by interchange or as special judge to hear and determine whether the motion should be granted or denied. In Senate Judiciary Committee.
Tennessee SB 1094 Changes burden of proof necessary to cause investigation of a judge for misconduct from a reasonable person believing there is a substantial probability that misconduct occurred to probable cause that the misconduct occurred. In Senate Judiciary Committee.
Tennessee SB 1097 Provides that all records filed with, created by or in the possession of the Court of the Judiciary or the office of investigative counsel be maintained by the administrative office of the courts for at least eight years from the date of creation or receipt and that maintenance of the records does not change their status as a public or confidential record. In Senate Judiciary Committee.
Tennessee SB 1098 Provides that if complaint filed against a judge and the judge is not reelected, resigns or retires before disposition of the complaint, the Court of the Judiciary must make the complaint and allegations contained therein public. In Senate Judiciary Committee.
Tennessee SB 1099 Provides that rules adopted by the Court of the Judiciary may not be inconsistent or in conflict with the statutory provisions establishing the court. In Senate Judiciary Committee.
Tennessee SB 1455 Authorizes the investigative panel of the Court of the Judiciary to request that a judge file a written response to a complaint filed against the judge within 20, rather than 30, days after service of notice In Senate Judiciary Committee.
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