§ 17-5-201 — Members of board of judicial conduct - Chair and vice chair - Investigative panels and hearing panels - Promulgation of rules

(a) As of July 1, 2019, the existing membership of the Tennessee board of judicial conduct is vacated and reconstituted to consist of sixteen (16) members as follows: (1) Two (2) current or former trial judges, to be appointed by the Tennessee trial judges association; (2) One (1) current or former general sessions court judge, to be appointed by the Tennessee general sessions judges conference; (3) One (1) current or former municipal court judge, to be appointed by the Tennessee municipal judges conference; (4) One (1) current or former juvenile court judge, to be appointed by the Tennessee council of juvenile and family court judges; (5) One (1) current or former court of appeals or court of criminal appeals judge, to be appointed by the Tennessee supreme court; (6) Two (2) members who are attorneys licensed to practice law in this state but who are not current or former judges, to be appointed by the governor; (7) Four (4) members, including three (3) who are neither a judge nor an attorney and one (1) who is a current or former judge, to be appointed by the speaker of the house of representatives; and (8) Four (4) members, including three (3) who are neither a judge nor an attorney and one (1) who is a current or former judge, to be appointed by the speaker of the senate. (b) (1) All appointments to the board must be made by July 1, 2019. (2) In order to stagger the terms of the newly appointed board members, initial appointments must be made as follows: (A) The members appointed under subdivisions (a)(1)-(5) serve initial terms of one (1) year, which expire on June 30, 2020; (B) The members appointed under subdivision (a)(6) and the current or former judges appointed under subdivisions (a)(7) and (8) serve initial terms of two (2) years, which expire on June 30, 2021; and (C) The members appointed under subdivisions (a)(7) and (8) who are neither judges nor attorneys serve initial terms of three (3) years, which expire on June 30, 2022. (3) Following the expiration of members' initial terms as prescribed in subdivision (b)(2), all terms are for three (3) years, to begin on July 1 and terminate on June 30, three (3) years thereafter. (4) Each member of the board appointed under subdivisions (b)(2)(A) and (B) may be appointed to two (2) additional consecutive three-year terms. Each member appointed under subdivision (b)(2)(C) may be appointed to one (1) additional consecutive three-year term. (5) A member whose initial term is created by a vacancy and who has served in the position for less than three (3) years is eligible to serve two (2) consecutive three-year terms following the expiration of the term in which the vacancy occurred. Vacancies on the court for an unexpired term must be filled for the remainder of the term in the same manner that original appointments are made, but are for the duration of the unexpired term only. Vacancies are filled in the same manner that original appointments are made. (6) A member who has served the maximum term is eligible for reappointment after the expiration of three (3) years. (7) Notwithstanding this subsection (b) to the contrary and subject to resignation, each member shall serve until the member's successor is duly appointed. (c) The board shall select: (1) Its own chair from among the current or former judges serving on the board, who shall serve as a direct liaison to the members of the general assembly; and (2) Its own vice chair. (d) (1) (A) The chair shall divide the board into: (i) Five (5) investigative panels of three (3) members each, with each investigative panel to be composed of at least one (1) member who is a current or former judge; and (ii) Three (3) hearing panels of five (5) members each, with two (2) hearing panels to each be composed of three (3) nonjudicial members and two (2) members who are current or former judges, and one (1) hearing panel to be composed of two (2) nonjudicial members and three (3) members who are current or former judges. (B) The chair shall not serve as a permanent member of an investigative panel or hearing panel but may serve as a member of a panel on a temporary basis to fill a vacancy. (C) Membership on the panels may rotate in a manner determined by the chair; however, no members may sit on both the hearing and investigative panels for the same proceeding. (2) A hearing panel has the duty and authority to rule on prehearing motions, conduct hearings on formal charges, make findings and conclusions, impose sanctions, or dismiss the case. (3) (A) An investigative panel has the duty and authority to: (i) Review the recommendations of the disciplinary counsel after a preliminary investigation and either authorize a full investigation or dismiss the complaint; and (ii) Review the recommendations of the disciplinary counsel after a full investigation and approve, disapprove, or modify the recommendations as provided in § 17-5-303(c)(3) . (B) The investigative panel shall require a full investigation when a motion to dismiss a complaint fails to receive a unanimous vote from the panel or where a motion to authorize a full investigation passes by a majority vote of the panel. (4) An attorney member of the board shall not sit on an investigative or hearing panel if the attorney has ever appeared before the judge against whom the complaint is filed. (5) (A) (i) (a) A current or former judge who serves on the board and is the subject of a full investigation by the board or is a party to a hearing before the board must recuse himself or herself from the board pending the completion of such action, with the vacancy to be filled for the duration of the recusal only. (b) A current or former judge who is subject to a deferred discipline agreement must recuse himself or herself from the board for the duration of the agreement, with the vacancy to be filled for the duration of the recusal only. (ii) A citizen member of the board must recuse such member's self to avoid any impropriety, appearance of impropriety, or conflict of interest relating to the person's duties as a board member and matters that may come before the board. (B) A current or former judge whose conduct results in the board taking public disciplinary action against the judge will result in the judge's automatic dismissal from the board, creating a vacancy to be filled by the appropriate appointing authority. (C) If a member recuses himself or herself or is dismissed pursuant to this subdivision (d)(5), all board matters may be heard by the remaining members of the board or, at the option of the members, a temporary replacement may be designated from the board by a majority vote of such members to sit on any investigative or hearing panel the recused or dismissed member was on. (e) The board shall sit at such times and in such places as it may, from time to time, deem expedient. (f) The board may promulgate rules regulating the practice and procedure before the board. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (g) The clerk of the supreme court serves as the clerk of the board, and shall keep such records, minutes, and dockets as the board from time to time prescribes. (h) Members of the board receive no compensation for their services; however, they are reimbursed for food, lodging, and travel expenses pursuant to policies and guidelines promulgated by the supreme court. All expenses for which reimbursement is allowed under this section must be submitted by the members of the board to the administrative director of the courts upon forms provided and prescribed by that officer. (i) The appointing authorities, in making their appointments, shall strive to ensure the makeup of the board reflects the diversity of persons in Tennessee.

Legislative History

Amended by 2022 Tenn. Acts, ch. 976, s 5, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Amended by 2014 Tenn. Acts, ch. 858, Secs.s 3, s 4, s 5 eff. 4/30/2014. Acts 1979, ch. 356, § 4; T.C.A., § 17-804; Acts 1981, ch. 425, §§ 1, 2; 1995, ch. 208, §§ 3-5, 18; 1999, ch. 151, § 1; 2004, ch. 914, §§ 3b, 3c; 2012 , ch. 819, § 1.