Amends TCA Title 8, Chapter 3; Title 17, Chapter 5 and Title 50, Chapter 6, Part 2.

This bill makes various changes to the board of judicial conduct, including expanding the board's jurisdiction. Under present law, the jurisdiction of the board of judicial conduct includes all Tennessee judges, including, but not limited to, appellate, trial, general sessions, probate, juvenile, and municipal judges, senior judges, claims commissioners, and all other judges sitting on or presiding over any court created by the general assembly. This bill specifies that the following also fall under the board's jurisdiction: administrative law judges, judicial commissioners, magistrates, referees, special masters, hearing officers, workers' and compensation judges. Present law provides that the provisions regarding the board regulate judicial behavior, not judicial decision-making; this bill removes this provision. This bill removes the present law requirements that complaints regarding the conduct of a worker's compensation judge under the Tennessee Code of Judicial Conduct be made to the chief worker's compensation judge, and that complaints about the chief judge be made to the chief administrative officer of the bureau of workers' compensation of the department of labor and workforce development. Under present law, the board has the power to impose certain disciplinary actions, such as suspensions, limitations and conditions on the performance of judicial duties, and entry into a deferred discipline agreement, among other powers, on judges within the board's jurisdiction. This bill prohibits the board from imposing disciplinary action against an administrative law judge who is employed by the secretary of state, but the board may recommend such disciplinary action to the secretary of state. Present law authorizes the board to investigate and take appropriate action in any case wherein an active judge is suffering from any disability, physical or mental, that is or is likely to become permanent and that would substantially interfere with the prompt, orderly, and efficient performance of the judge's duties. This bill specifies that this provision applies to a temporary or permanent disability and provides that 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. This bill adds that 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. This bill requires that a complaint filed with the disciplinary counsel, who receives and screens complaints concerning judges, must be filed within one year of the time that the party filing the complaint knew or reasonably should have known of the alleged misconduct. Under present law, if the disciplinary counsel believes there is evidence supporting allegations of misconduct against a judge, the disciplinary counsel must recommend to the investigative panel that the panel authorize a full investigation. The panel must review the disciplinary counsel's recommendations and either dismiss the complaint or authorize a full investigation within 14 days of receipt of the disciplinary counsel's recommendation. The disciplinary counsel has no authority to dismiss a complaint without the review of and approval by the investigative panel. This bill authorizes the disciplinary counsel to dismiss a complaint when the complaint alleges conduct that has been the subject of a prior complaint, is untimely, or alleges matters beyond the scope of the board's inquiry. This bill clarifies that subject to resignation, each member of the board of judicial conduct serves until the member's successor is duly appointed. ON APRIL 12, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2284, AS AMENDED. AMENDMENT #1 removes the provisions of this bill that extend jurisdiction of the board of judicial conduct to include the conduct of nonelected judges, including: administrative law judges, judicial commissioners, magistrates, referees, special masters, hearing officers, workers' and compensation judges.