Tennessee § 17-5-302 Investigation and action if reason to believe judge is disabled

Tennessee Statutes

§ 17-5-302 — Investigation and action if reason to believe judge is disabled

(a)The board is authorized, on its own motion, or pursuant to the complaint of a person having reason to believe a judge is disabled, to investigate and take appropriate action, including recommendation of removal from office, in any case in which an active judge is suffering from a temporary or permanent disability, physical or mental, that would substantially interfere with the prompt, orderly, and efficient performance of the judge's duties. As used in this subsection (a), temporary or permanent disability includes, but is not limited to, substance abuse or dependency, the repeated and consistent inability to stay alert during court proceedings, impairment of cognitive abilities that render the judge unable to function effectively, and any other documented or diagnosed physical or ment

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(a) The board is authorized, on its own motion, or pursuant to the complaint of a person having reason to believe a judge is disabled, to investigate and take appropriate action, including recommendation of removal from office, in any case in which an active judge is suffering from a temporary or permanent disability, physical or mental, that would substantially interfere with the prompt, orderly, and efficient performance of the judge's duties. As used in this subsection (a), temporary or permanent disability includes, but is not limited to, substance abuse or dependency, the repeated and consistent inability to stay alert during court proceedings, impairment of cognitive abilities that render the judge unable to function effectively, and any other documented or diagnosed physical or mental behavioral condition adversely affecting the administration of justice. (b) As part of an investigation or at another point in the disciplinary process, the board or an investigative panel of the board may refer the matter to the Tennessee lawyers assistance program. If the referral is made and the Tennessee lawyers assistance program notifies the board in writing that the judge in the matter is uncooperative or has failed to comply with the recommendations issued under the program, the board may order the judge to submit to a physical or mental evaluation by an appropriately licensed healthcare provider chosen by the board. An investigative panel of the board may also order such a physical or mental evaluation if the action is taken by unanimous vote of the investigative panel and approved by the board chair. The expense of such evaluation must be borne by the board. Prior to a hearing under § 17-5-307 , the examiner chosen by the board must disclose any report or opinion issued by the examiner to the judge, the judge's legal representative, the investigative panel, and the disciplinary counsel for the board. (c) All complaints made under this section are confidential and privileged. (d) If the board recommends removal from office under this section, the aggrieved judge may appeal to the supreme court as provided in § 17-5-309 .

Tennessee § 17-5-302 (Investigation and action if reason to believe judge is disabled) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Amended by 2022 Tenn. Acts, ch. 976, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 976, s 1, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 12 T.C.A., § 17-812; Acts 2003 , ch. 112, § 1; 2012 , ch. 819, § 4.