Amends TCA Title 17.
Present law provides the following: (1) The board of judicial conduct, acting through a hearing panel, may dismiss charges or impose statutorily authorized sanctions at the conclusion of a hearing concerning disciplining a judge; (2) The board must issue a formal finding of fact and opinion within 30 days of the conclusion of the hearing regardless of the sanction imposed. The hearing panel may make a written request to the chair of the board for an extension of time within which to file its findings and judgment. However, if the hearing panel does not submit its findings and judgment within 30 days, then the disciplinary counsel must report the failure to submit such findings and judgment to the board, which may take any action it deems necessary to secure the submission of the information; (3) The failure of the hearing panel to meet the 30-day deadline is not grounds for dismissal of the formal charges; and (4) If the board recommends the removal of a judge from office, and by reason of resignation, death, or retirement, the board determines that its recommendation is moot, then its formal opinion must state that reason. However, the board's removal recommendation must be considered moot only if the board determines there is no further punitive action the general assembly could take against the judge. This bill requires the board to notify and provide a copy of the hearing panel's findings and judgment, the board's formal findings of fact and opinion, and any sanction imposed, to the complainant by mail. APPEALS Present law provides that an aggrieved judge may appeal to the supreme court, as a matter of right, within 14 days from the date of entry of the board's judgment. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure. This bill allows a complainant to appeal the board's decision to the Tennessee supreme court, subject to the same rules and requirements as an aggrieved judge. ON APRIL 12, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 944, AS AMENDED. AMENDMENT #1 revises the provision of this bill relative to appeals to authorize the aggrieved judge or the complainant to appeal to the supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, instead of as a matter of right.
Present law provides the following: (1) The board of judicial conduct, acting through a hearing panel, may dismiss charges or impose statutorily authorized sanctions at the conclusion of a hearing concerning disciplining a judge; (2) The board must issue a formal finding of fact and opinion within 30 days of the conclusion of the hearing regardless of the sanction imposed. The hearing panel may make a written request to the chair of the board for an extension of time within which to file its findings and judgment. However, if the hearing panel does not submit its findings and judgment within 30 days, then the disciplinary counsel must report the failure to submit such findings and judgment to the board, which may take any action it deems necessary to secure the submission of the information; (3) The failure of the hearing panel to meet the 30-day deadline is not grounds for dismissal of the formal charges; and (4) If the board recommends the removal of a judge from office, and by reason of resignation, death, or retirement, the board determines that its recommendation is moot, then its formal opinion must state that reason. However, the board's removal recommendation must be considered moot only if the board determines there is no further punitive action the general assembly could take against the judge. This bill requires the board to notify and provide a copy of the hearing panel's findings and judgment, the board's formal findings of fact and opinion, and any sanction imposed, to the complainant by mail. APPEALS Present law provides that an aggrieved judge may appeal to the supreme court, as a matter of right, within 14 days from the date of entry of the board's judgment. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure. This bill allows a complainant to appeal the board's decision to the Tennessee supreme court, subject to the same rules and requirements as an aggrieved judge. ON APRIL 12, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 944, AS AMENDED. AMENDMENT #1 revises the provision of this bill relative to appeals to authorize the aggrieved judge or the complainant to appeal to the supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, instead of as a matter of right.
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