§ 17-5-306 — Formal charges - Answer - Failure to appear - Stated sanction

Tennessee § 17-5-306

• Jurisdiction: Tennessee
• Title: 17

Text

(a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses under § 17-5-301(j) , or is suffering from a disability as set forth in § 17-5-302 , it is the duty of disciplinary counsel to give the judge under investigation written notice of the details of the formal charges. (b) The formal charges must give fair and adequate notice of the nature of the alleged misconduct or incapacity. The disciplinary counsel shall file the formal charges with the board. The disciplinary counsel shall cause a copy of the formal charges to be served on the judge or the judge's counsel by certified mail and shall file proof of service with the board. (c) The judge has fourteen (14) days from the date of receipt of written notice of the formal charge to file an answer with the board and serve a copy on the disciplinary counsel. (d) A judge who raises a defense based on a mental or physical condition waives any medical privilege. (e) If the judge fails to answer the formal charges, then the failure to answer constitutes an admission of the factual allegations. (f) If the judge fails to appear when specifically ordered to do so by the hearing panel or the board, the judge is deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or board shall not continue or delay proceedings because of the judge's failure to appear. (g) (1) The judge may agree with the disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction at any time after the filing of formal charges and before final disposition. The agreement must be submitted to the hearing panel assigned to the case, which shall either: (A) Reject the agreement; or (B) Approve the agreement and enter the order to sanction the judge. (2) If the stated sanction is rejected by the hearing panel, the agreement must be withdrawn and cannot be used against the judge in any proceedings. (3) A judge who consents to a stated sanction shall sign an affidavit stating that: (A) The judge consents to the sanction; (B) The consent is freely and voluntarily rendered; (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and (D) The facts set forth in the affidavit are true. (4) The affidavit must be filed with the board upon its approval by the hearing panel. The affidavit remains confidential until it is filed with the board. The final order of sanction must be based on the formal charges and the conditional admission.

Legislative History

Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1995, ch. 208, § 12; 2012, ch. 819, § 4.