Amends TCA Title 16; Title 17; Title 37 and Title 55, Chapter 10.

This bill enacts provisions regarding senior judges.<br /> <br /> Under this bill, a former general sessions or juvenile judge who has at least six years of credible service as a Tennessee general sessions or juvenile judge may request to be designated as a senior general sessions or senior juvenile judge. This bill sets out in detail the information that must be included with a request for senior designation that is submitted to the administrative director of the courts.<br /> <br /> This bill authorizes the supreme court to appoint senior judges only after making an affirmative finding that the effective administration of justice in a general sessions or juvenile court requires additional judicial resources. If the supreme court, in its discretion, determines that a former judge is physically and mentally capable of performing valuable judicial service on a continuing basis and that the judge's service will promote the effective administration of justice, then the supreme court will cause an appropriate commission to be issued under its seal for the period provided in this bill. The court will not issue a commission to any former judge who, during the judge's most recent term of judicial service, sought reelection but was defeated in the reelection bid.<br /> <br /> This bill specifies that the supreme court's designation is for a term of two years, and that the supreme court's decision with regard to the initial designation or the renewal of senior designation will be final and unreviewable.<br /> <br /> This bill sets out the process for the chief justice to assign the senior judge to a general sessions or juvenile court. A senior judge assigned as provided in this bill will have all the powers, duties, and immunities while serving under the assignment of a regularly elected and qualified judge of the court to which the judge has been assigned. This bill specifies that the senior judge without such an assignment may not admit to bail any person accused of a crime. A senior judge who has set by designation and assignment may, notwithstanding the expiration of the assignment, make a final disposition of all matters submitted to the senior judge during the period of assignment.<br /> <br /> This bill provides that the senior judge will be paid a fee rate of $100 per hour for the time the senior judge actually appears in court to hear the docket of cases that the senior judge has been designated to hear. If a senior judge is receiving a retirement allowance under any retirement program administered by TCRS, the total combined annual amount of retirement allowance and annual total fees received as a senior judge cannot exceed the current annual compensation of the office from which the judge retired. Senior judges will not be entitled to participate in the state's insurance and benefit programs. The state will not provide senior judges office space or equipment. However, the local county or municipal government will provide quarters, personnel, or other support for the senior judge and cooperate with and assist the administrative director of the courts in providing for the reasonable needs of any senior judge assigned to work in the local government's courts. A senior judge assigned to a court located outside of the senior judge's county of residence will receive the same reimbursement for travel expenses that is provided to active judges. <br /> <br /> Certification as a senior judge will terminate upon the expiration of the commission issued by the supreme court, except that the certification will terminate earlier when any of the following occurs:<br /> <br /> (1) The senior judge requests termination of the status;<br /> (2) The board of judicial conduct so orders;<br /> (3) The senior judge declines more than three assignments without good cause within any calendar year; or<br /> (4) The supreme court, after affording the senior judge notice and an opportunity to respond, determines that the senior judge has failed to meet or to abide by any of the requirements of this bill.<br /> <br /> This bill specifies that it is in addition to and supplemental to other present law provisions governing the assignment of special judges. This bill requires the supreme court to advise and consult with the chairs of the judiciary and finance, ways and means committees of the house and the senate and with the commissioner of finance and administration whenever it has reason to believe that the effective administration of justice requires the appointment of one or more senior judges. If, following these consultations, the supreme court appoints a senior judge, the administrative director of the courts must file a report with the commissioner of finance and administration and with the judiciary and finance, ways and means committees of the house and the senate stating the number of judges to be appointed and the reasons for the appointment. By no later than February 1 of each year, the administrative director of the courts must file a report concerning the utilization of the senior judges with the judiciary and finance, ways and means committees of the house and the senate and with the commissioner of finance and administration. This bill sets out in detail the information to be included in the report.<br /> <br /> Under present law, if the judge of a court of general sessions or juvenile court finds it necessary to be absent from holding court, the judge may seek a special judge in accordance with the requirements of and in the numerical sequence designated in present law. Present law provides that:<br /> <br /> (1) If a special judge is necessary, the judge must attempt to identify another judge who may serve by interchange. If another judge cannot serve by interchange, a judge may seek to find any former or retired judge, who will, by mutual agreement, sit as special judge. The special judge serves by designation of the chief justice of the supreme court; and<br /> (2) If the judge is unable to secure a judge under (1) above, the judge may apply to the administrative office of the courts for assistance in finding a judge to sit by designation of the chief justice as a special judge.<br /> <br /> This bill adds that if a judge is unable to secure a judge under (1) above, the judge may apply to the administrative office of the courts to obtain a senior general sessions or senior juvenile judge to sit as a special judge. The senior general sessions or senior juvenile judge will serve by designation of the chief justice of the supreme court.<br /> <br />