§ 17-4-102 — Written notice of judicial appointment by governor - Background investigations of appointees - Confirmation or rejection by general assembly

(a) Immediately upon making an appointment to the supreme court, the court of appeals, or the court of criminal appeals, the governor shall provide written notice of the appointment to the chief clerk of the senate and the chief clerk of the house of representatives. The notice shall specify whether the appointment is for a full eight-year term or for the filling of a vacancy. Delivery of the notice of appointment to both the chief clerk of the senate and the chief clerk of the house of representatives shall begin the appropriate sixty-day period established in accordance with § 17-4-103 . Upon receiving the notice of appointment, the chief clerk of the senate and the chief clerk of the house of representatives shall notify the members of their respective house and shall refer the notice of appointment to the appropriate standing committee of their respective house as provided by rule. (b) The Tennessee bureau of investigation shall perform appropriate financial and criminal background investigations of a judicial appointee and shall provide the results of the investigations and inquiries to the chair of any standing committee of the general assembly to which a notice of appointment pursuant to subsection (a) is referred. (c) The chair of any standing committee of the general assembly to which a notice of appointment pursuant to subsection (a) is referred may, in accordance with the rules of the applicable house, conduct a hearing, vote to recommend confirmation or rejection of the appointee, and submit a written report of the action taken to the applicable clerk. (d) Within the appropriate sixty-day period established in accordance with § 17-4-103 , the general assembly shall meet in joint session for the purpose of voting either to confirm or to reject the governor's appointee. The votes of each house shall be made and tabulated separately. The governor's appointee shall be confirmed if both houses vote to confirm the appointee by a majority of all the members to which each house is entitled. The governor's appointee shall be rejected if both houses vote to reject the appointee by a majority of all the members to which each house is entitled or if one (1) house votes to reject the appointee by at least two-thirds (2/3) of all members to which the house is entitled. If a vote results in any other outcome, then no action is taken and both houses may vote again to confirm or reject, subject to § 17-4-103(b) . No vote shall be taken pursuant to this subsection (d) except in joint session.

Legislative History

Amended by 2016 Tenn. Acts, ch. 528,s 10, eff. 1/28/2016. Acts 2009, ch. 517, § 1.