HB2538112th GA (Historical)Introduced

Amends TCA Title 8; Title 16; Title 17 and Title 37.

ON APRIL 20, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2478, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill. Under present law, in addition to the qualifications provided for judges by the Constitution of Tennessee, judges of the supreme court, court of appeals, chancery courts, circuit courts, criminal courts, and courts exercising the jurisdiction imposed in one or more of the chancery courts, circuit courts or criminal courts, must be learned in the law, which must be evidenced by the judge being authorized to practice law in the courts of this state. This amendment adds that to be considered "learned in the law" there also has to be evidence of:<br /> <br /> (1) Being in good standing with the board of responsibility; and <br /> <br /> (2) Not having been publicly censured or suspended or disbarred from the practice of law by the board of professional responsibility within the 10 years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this provision will not apply to those serving in a judicial position as of the effective date of this bill as amended.<br /> <br /> This bill as amended will take effect October 1, 2022.<br /> <br /> ON APRIL 25, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2478 FOR HOUSE BILL 2538, ADOPTED AMENDMENT #5, AND PASSED SENATE BILL 2478, AS AMENDED.<br /> <br /> AMENDMENT #5 clarifies that the person must not have been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law. This amendment also updates an internal cross-reference to the state constitution.<br />

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Overview

ON APRIL 20, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2478, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill. Under present law, in addition to the qualifications provided for judges by the Constitution of Tennessee, judges of the supreme court, court of appeals, chancery courts, circuit courts, criminal courts, and courts exercising the jurisdiction imposed in one or more of the chancery courts, circuit courts or criminal courts, must be learned in the law, which must be evidenced by the judge being authorized to practice law in the courts of this state. This amendment adds that to be considered "learned in the law" there also has to be evidence of:<br /> <br /> (1) Being in good standing with the board of responsibility; and <br /> <br /> (2) Not having been publicly censured or suspended or disbarred from the practice of law by the board of professional responsibility within the 10 years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this provision will not apply to those serving in a judicial position as of the effective date of this bill as amended.<br /> <br /> This bill as amended will take effect October 1, 2022.<br /> <br /> ON APRIL 25, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2478 FOR HOUSE BILL 2538, ADOPTED AMENDMENT #5, AND PASSED SENATE BILL 2478, AS AMENDED.<br /> <br /> AMENDMENT #5 clarifies that the person must not have been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law. This amendment also updates an internal cross-reference to the state constitution.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
25602550

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