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

This bill revises various provisions governing the board of judicial conduct, including expanding the board's jurisdiction, as discussed below. JURISDICTION Present law specifies that the provisions governing the board of judicial conduct apply to 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 or by the express or implied authority of the general assembly. Present law further specifies that the board provisions do not apply to administrative law judges, and requires that complaints regarding the conduct of a workers' compensation judge under the code of judicial conduct be made to the chief workers' compensation judge and that complaints about the chief judge be made to the workers' compensation administrator. This bill deletes these provisions and makes administrative law judges, judicial commissioners, magistrates, referees, special masters, hearing officers, and worker's compensation judges specifically subject to the board's jurisdiction. INVESTIGATION REGARD JUDGE'S DISABILITY Present law authorizes the board, 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 wherein an active judge is suffering from any disability, physical or mental, that is or is likely to become permanent that would substantially interfere with the prompt, orderly, and efficient performance of the judge's duties. This bill specifies that the board is authorized to act in response to a complaint that a judge is suffering from a "temporary or permanent" disability. For purposes of this bill, 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. 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 lawyer's 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 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. Prior to a hearing pursuant to present law, 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 INVESTIGATIONS OF COMPLAINTS BY DISCIPLINARY COUNSEL Present law establishes the process for the disciplinary counsel for the board evaluating information coming to the disciplinary counsel's attention. Under that process, if the disciplinary counsel believes there is evidence supporting the allegations against a judge, the disciplinary counsel recommends to the investigative panel assigned to the case that the panel authorize a full investigation. The investigative 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. Present law provides that the disciplinary counsel has no authority to dismiss a complaint without the review of and approval by the investigative panel; this bill creates an exception to this provision for situations when the complaint alleges conduct the entirety of which has been the subject of a prior complaint, is untimely, or alleges matters beyond the permissible scope of the board's inquiry. BOARD MEMBERSHIP This bill specifies that, subject to resignation, each member of the board is to serve until the member's successor is duly appointed.