reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 1 - JUDICIAL NOMINATION (§§ 17-4-101 — 17-4-106) › Section 17-4-102 - Written notice of judicial appointment by governor - Background investigations of appointees - Confirmation or rejection by general assembly

(a)
Immediately upon making an appointment to the supreme court, the court of appeals, or the court of criminal appeals, the governor shall provide written notice of the appointment to the chief clerk of the senate and the chief clerk of the house of representatives. The notice shall specify whether the appointment is for a full eight-year term or for the filling of a vacancy. Delivery of the notice of appointment to both the chief clerk of the senate and the chief clerk of the house of representatives shall begin the appropriate sixty-day period established in accordance with §
17-4-103
. Upon receiving the notice of appointment, the chief clerk of the senate and the chief clerk of the house of representatives shall notify the members of their respective house and shall refer the notice of appointment to the appropriate standing committee of their respective house as provided by rule.
(b)
The Tennessee bureau of investigation shall perform appropriate financial and criminal background investigations of a judicial appointee and shall provide the results of the investigations and inquiries to the chair of any standing committee of the general assembly to which a notice of appointment pursuant to subsection (a) is referred.
(c)
The chair of any standing committee of the general assembly to which a notice of appointment pursuant to subsection (a) is referred may, in accordance with the rules of the applicable house, conduct a hearing, vote to recommend confirmation or rejection of the appointee, and submit a written report of the action taken to the applicable clerk.
(d)
Within the appropriate sixty-day period established in accordance with §
17-4-103
, the general assembly shall meet in joint session for the purpose of voting either to confirm or to reject the governor's appointee. The votes of each house shall be made and tabulated separately. The governor's appointee shall be confirmed if both houses vote to confirm the appointee by a majority of all the members to which each house is entitled. The governor's appointee shall be rejected if both houses vote to reject the appointee by a majority of all the members to which each house is entitled or if one (1) house votes to reject the appointee by at least two-thirds (2/3) of all members to which the house is entitled. If a vote results in any other outcome, then no action is taken and both houses may vote again to confirm or reject, subject to §
17-4-103(b)
. No vote shall be taken pursuant to this subsection (d) except in joint session.
Amended by 2016 Tenn. Acts, ch. 528,s 10, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 1 - JUDICIAL NOMINATION (§§ 17-4-101 — 17-4-106) › Section 17-4-103 - Legislative vote on confirmation

(a)
(1)
If the general assembly is in its annual legislative session when the appointment is made, then the vote, if any, on confirmation of the governor's appointee shall occur within sixty (60) consecutive calendar days immediately following the appointment.
(2)
If the general assembly is not in its annual legislative session when the appointment is made, then the vote, if any, on confirmation of the governor's appointee shall occur within sixty (60) consecutive calendar days, beginning on the convening date of the next annual legislative session following the appointment.
(b)
If the general assembly fails to reject the governor's appointee within sixty (60) consecutive calendar days, then the appointee shall be deemed confirmed as of the following calendar day, regardless of whether the general assembly is then in session.
Amended by 2016 Tenn. Acts, ch. 528,s 11, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 1 - JUDICIAL NOMINATION (§§ 17-4-101 — 17-4-106) › Section 17-4-104 - Commencement of service

(a)
A supreme court, court of appeals, or court of criminal appeals judge confirmed in accordance with this part shall commence service in the office to which the judge was confirmed:
(1)
Upon confirmation, if the judge is confirmed to fill a vacancy for an unexpired term;
(2)
September 1, if the judge is confirmed to a full eight-year term prior to the September 1 on which the term begins; or
(3)
Upon confirmation, if the judge is confirmed to a full eight-year term after the eight-year term has commenced on September 1. The eight-year term of a supreme court, court of appeals, or court of criminal appeals judge confirmed after September 1 shall end on the same date as a judge confirmed on or prior to September 1.
(b)
If the governor's appointee is rejected by the general assembly or is withdrawn by the governor within sixty (60) calendar days of the applicable date set out in §
17-4-103(a)
, then the governor shall appoint another individual for a full term or to fill a vacancy as provided in this part. Any appointee who has been rejected by the general assembly is not eligible for reappointment to the same court, until after the next regular August election occurring at least one (1) year following the appointment.
Amended by 2016 Tenn. Acts, ch. 528,s 12, eff. 1/28/2016.
Acts 2009, ch. 517, § 1; 2012, ch. 853, § 2.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 1 - JUDICIAL NOMINATION (§§ 17-4-101 — 17-4-106) › Section 17-4-105 - Retention elections

(a)
A judge, who has been appointed and confirmed for a full eight-year term on the supreme court, the court of appeals, or the court of criminal appeals and who takes office on September 1 at the beginning of the eight-year term or in accordance with §
17-4-104(a)(3)
, shall face a retention election at the next regular August election immediately preceding the end of the eight-year term, as provided in §
17-4-106
.
(b)
A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals more than thirty (30) days prior to the next regular August election, shall stand for election in a retention election for the remainder of the term at the next regular August election following confirmation as provided in §
17-4-106
.
(c)
A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals thirty (30) days or less prior to a regular August election, shall stand for election in a retention election at the next regular August election occurring more than thirty (30) days following the judge's confirmation as provided in §
17-4-106
.
(d)
All incumbent judges of the supreme court, the court of appeals, and the court of criminal appeals who intend to stand for election for another eight-year term, shall stand for election in a retention election at the regular August election immediately preceding the end of the eight-year term as provided in §
17-4-106
.
(e)
The judges appointed in 2014, 2015, and prior to January 28, 2016, to fill vacancies on the supreme court, the court of appeals, and the court of criminal appeals, whose names were not included on the regular August 2014 ballot, shall, upon filing a timely written declaration of candidacy pursuant to §
17-4-106
not later than twelve o'clock (12:00) noon, prevailing time, on April 7, 2016, stand for election in a retention election in the regular August election in 2016.
Amended by 2016 Tenn. Acts, ch. 528,s 13, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 1 - JUDICIAL NOMINATION (§§ 17-4-101 — 17-4-106) › Section 17-4-106 - Written declaration of candidacy required

(a)
An incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals who seeks to be retained in the office to which the incumbent judge was appointed and confirmed must qualify by filing with the state election commission a written declaration of candidacy to be retained for a full term or an unexpired term. The declaration must be filed not later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in January before the regular August election. A judge confirmed after the first Thursday in January in the same year as the regular August election must file the declaration no later than the first Thursday occurring at least one (1) full week after the judge's confirmation. After timely filing the declaration, a candidate may withdraw by filing a notice of withdrawal with the state election commission not later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the deadline for filing the declaration of candidacy.
(b)
(1)
If the declaration of candidacy is timely filed, then only the name of the candidate, without party designation, shall be submitted to the qualified voters of the state in the regular August election. Each county election commission of the state shall cause the following to be placed on the ballot:
Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced?
Retain
OR
Replace
(2)
If the declaration of candidacy is not timely filed, then the judge's name shall not be submitted to the qualified voters of the state.
(c)
(1)
If a majority of those voting on the question vote to retain the candidate, then the candidate is duly elected to the office and shall be given a certificate of election.
(2)
If a majority or one-half (1/2) of those voting on the question vote not to retain the candidate, then a vacancy exists in the office as of September 1 following the regular August election. The governor shall fill the vacancy subject to confirmation by the general assembly in accordance with this part.
(3)
A candidate who has been defeated in any retention election held under this chapter shall not be eligible for reappointment to the seat for which the candidate was defeated until one (1) regular August election has occurred subsequent to the defeat.
(d)
An incumbent judge on the supreme court, the court of appeals, or the court of criminal appeals who does not file a declaration of candidacy for election within the prescribed time, who withdraws as a candidate for election, or who is not retained in a retention election, shall end the judge's term on August 31 of that year. The governor shall fill the office subject to confirmation by the general assembly in accordance with this part.
Amended by 2016 Tenn. Acts, ch. 528, s 14, eff. 1/28/2016.
Acts 2009 , ch. 517, § 1; 2012 , ch. 853, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-301 - Establishment - Composition of commission - Information

(a)
There is established as a part of the judicial branch of the state a trial court vacancy commission, referred to in this part as "the commission," that shall have jurisdiction over all trial court vacancies occurring on or after February 1, 2016. For purposes of making the initial appointments to the commission, the speaker of the senate and the speaker of the house of representatives are authorized to make appointments on January 28, 2016. The commission shall be composed of eleven (11) members as follows:
(1)
Five (5) members shall be appointed by the speaker of the senate. At least three (3) of these members shall be attorneys;
(2)
Five (5) members shall be appointed by the speaker of the house of representatives. At least three (3) of these members shall be attorneys; and
(3)
One (1) member shall be appointed by joint action of the speaker of the senate and the speaker of the house of representatives. This member shall be an attorney and shall serve as chair of the commission.
(b)
(1)
In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:
(A)
One (1) of the initial appointments by the speaker of the senate shall be made for a term of two (2) years;
(B)
One (1) of the initial appointments by the speaker of the house of representatives shall be made for a term of two (2) years;
(C)
The speakers' joint appointment shall be made for a term of two (2) years;
(D)
Two (2) of the initial appointments by the speaker of the senate shall be made for terms of four (4) years each;
(E)
Two (2) of the initial appointments by the speaker of the house of representatives shall be made for terms of four (4) years each;
(F)
Two (2) of the initial appointments by the speaker of the senate shall be made for terms of six (6) years each; and
(G)
Two (2) of the initial appointments by the speaker of the house of representatives shall be made for terms of six (6) years each.
(2)
After the initial appointments, the terms for all appointments shall comply with §§
17-4-305
and
17-4-306
.
(c)
The administrative office of the courts shall develop and post on its website downloadable information about the commission suitable for viewing by the general public.
Added by 2016 Tenn. Acts, ch. 528, s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-302 - Membership requirements

(a)
Each member of the commission shall be a citizen of the United States, shall be at least thirty (30) years of age, and shall have been a citizen of this state for at least five (5) years immediately prior to appointment.
(b)
Each attorney member shall be duly licensed to practice by the Tennessee supreme court.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-303 - Exclusions from membership on commission

(a)
No member of the commission shall be a salaried office holder of this state or the United States, nor shall any member of the commission hold any office in any political party or political organization; provided, that members of the national guard and members of any armed forces reserve organization, any district attorney general or an employee of a district attorney general, or any district public defender or an employee of a district public defender shall not be considered as salaried office holders. This subsection (a) shall not apply to any employee of the attorney general and reporter, except the attorney general and reporter and the solicitor general.
(b)
Any member of the commission who becomes a salaried office holder of this state or the United States or who accepts any office in any political party or political organization shall by doing so vacate the member's office as a member of the commission.
(c)
No member of the commission shall be a registered employer of a lobbyist in this state or a registered lobbyist in this state. Any member of the commission who becomes a registered employer of a lobbyist or a registered lobbyist in this state shall by doing so vacate the member's office as a member of the commission.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-304 - Start of term - Rules

(a)
The term of office of each member of the commission shall begin on February 1, 2016.
(b)
The commission shall have the authority to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-305 - Terms generally - Eligibility for reappointment

(a)
Except as otherwise provided in §
17-4-301(b)
or §
17-4-306
, the term of a member of the commission shall be six (6) years.
(b)
Members shall be eligible for reappointment for a successive term.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-306 - Vacancy filled as original appointment - Absence from meetings - Vacation of membership

(a)
A vacancy on the commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(b)
A member of the commission who has four (4) unexcused absences from commission hearings during the member's term of office must vacate the member's office as a member of the commission.
Amended by 2019 Tenn. Acts, ch. 166,s 3, eff. 4/18/2019.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-307 - Compensation - Reimbursement for expenses

(a)
Members of the commission shall not receive any compensation for their services but shall be reimbursed for their official travel expenses pursuant to policies and guidelines promulgated by the supreme court.
(b)
Subject to budgetary restrictions, the administrative office of the courts shall pay or reimburse the necessary expenses authorized or incurred by the commission in the performance of the duties pursuant to policies and guidelines promulgated by the supreme court.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-309 - Nominees - requirements

All nominees of the trial court vacancy commission shall be attorneys who are duly licensed to practice law in this state and who are fully qualified under the constitution and statutes of this state to fill the office for which they are nominated.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-310 - Appointment by governor when commission fails to provide list of nominees - Expiration of term

(a)
If the trial court vacancy commission does not furnish a list of three (3) nominees to the governor within sixty (60) days after receipt of written notice from the governor that a vacancy has occurred, then the governor may fill the vacancy by appointing any person who is duly licensed to practice law in this state and who is fully qualified under the constitution and statutes of this state to fill the office.
(b)
The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 3 - TRIAL COURT VACANCY COMMISSION (§§ 17-4-301 — 17-4-311) › Section 17-4-311 - Maintenance of records by administrative office of the courts - Notification of time and place of meetings

The administrative office of the courts shall keep and maintain all records of the trial court vacancy commission as well as furnish the commission with any other secretarial or clerical services or assistance it may require. It is further the duty of the administrative office of the courts to notify all commission members of the date, time, and place of any commission meetings.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 1 - GENERAL PROVISIONS (§§ 17-5-101 — 17-5-103) › Section 17-5-101 - Intent of chapter

The regulation of judicial conduct is critical to preserving the integrity of the judiciary and enhancing public confidence in the judicial system. This chapter is intended to provide an orderly and efficient method for making inquiry into the physical, mental, and moral fitness of any Tennessee judge; the judge's manner of performance of duty; and the judge's commission of any act that reflects unfavorably upon the judiciary of the state or brings the judiciary into disrepute or that may adversely affect the administration of justice in this state. This chapter further is intended to provide a process by which appropriate sanctions may be imposed.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 1; T.C.A., § 17-801; Acts 1995, ch. 208, § 1; 2002, ch. 564, §§ 1, 2.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 1 - GENERAL PROVISIONS (§§ 17-5-101 — 17-5-103) › Section 17-5-102 - Applicability of chapter

(a)
This chapter applies to:
(1)
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;
(2)
All persons for their conduct while sitting or presiding over any judicial proceeding, including, but not limited to, persons sitting by special appointment; and
(3)
Candidates for judicial office, as defined by the Code of Judicial Conduct, Rule 10 of the Rules of the Tennessee Supreme Court.
(b)
This chapter does not apply to administrative law judges.
(c)
This chapter regulates judicial behavior, not judicial decision-making.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 2; T.C.A., § 17-802; Acts 1983, ch. 17, § 1; 1995, ch. 208, § 2; 2002, ch. 564, § 3.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 1 - GENERAL PROVISIONS (§§ 17-5-101 — 17-5-103) › Section 17-5-103 - Liberal construction of chapter

This chapter must be liberally construed to accomplish the declared purposes and intents set forth in this chapter.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 3; T.C.A., § 17-803.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 2 - CREATION AND ORGANIZATION (§§ 17-5-201 — 17-5-203) › Section 17-5-202 - Monthly and quarterly reports - Records retention policy

(a)
(1)
By the twentieth day of each month, the board shall compile and transmit to the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate a report containing at least the following information for the previous month:
(A)
The number and category of complaints opened;
(B)
The number and category of complaints closed; and
(C)
The disposition of the complaints closed by category.
(2)
The monthly report must also contain a cumulative, year-to-date total for the complaints reported in subdivisions (a)(1)(A)-(C).
(b)
By the twentieth day of January, April, July, and October of each year, the board shall compile and transmit to the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate a report containing at least the following information for the prior three-month period:
(1)
The number of complaints opened;
(2)
The number of complaints closed;
(3)
The disposition of complaints closed;
(4)
The number of complaints pending;
(5)
The number of complaints for which probable cause has been found;
(6)
The number of complaints for which formal charges have been filed based on a recommendation by an investigative panel, including the nature of the charge, the names of the complainant or complainants, and the judge against whom the complaint is filed;
(7)
The nature of any complaint filed according to the following categories:
(A)
Failure to comply with the law;
(B)
Bias, prejudice, and unfairness;
(C)
Discourtesy;
(D)
Abuse of office;
(E)
Delay;
(F)
Ex parte communication;
(G)
Disability;
(H)
Political violation;
(I)
Recusal; and
(J)
Miscellaneous;
(8)
The type of judge against whom a complaint is filed by category; and
(9)
A list of votes taken by each board member as follows:
(A)
The member's name;
(B)
The number of times the member voted to dismiss a complaint while on an investigative panel; and
(C)
The number of times the member voted to authorize an investigation while on an investigative panel.
(c)
The quarterly reports must contain a cumulative, year-to-date total of the information compiled in subsection (b).
(d)
The October report must also contain a five-year statistical comparison of the prior five (5) fiscal years for the same categories.
(e)
The board shall promulgate rules to establish a formal records retention policy and shall review the policy on an annual basis to determine if changes should be made. Such rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2021 Tenn. Acts, ch. 64, s 18, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 5; T.C.A., § 17-805; Acts 2012 , ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 2 - CREATION AND ORGANIZATION (§§ 17-5-201 — 17-5-203) › Section 17-5-203 - Notice provided to speakers

(a)
The chair of the board shall provide the speaker of the senate and the speaker of the house of representatives with the name, type of judge, judicial district, if applicable, the reason for the reprimand, and the number of previous reprimands within five (5) business days of the occurrence of each of the following actions:
(1)
A judge receives a second or subsequent public reprimand for conduct occurring during the period of time the person is a sitting judge;
(2)
A judge receives a second or subsequent private reprimand for conduct within the same misconduct category set out in §
17-5-202(b)(7)
occurring during any eight-year term the person holds the office of judge; or
(3)
A judge receives a third or subsequent private reprimand for conduct within any of the misconduct categories set out in §
17-5-202(b)(7)
occurring during any eight-year term the person holds the office of judge.
(b)
(1)
The notice provided to the speakers pursuant to subdivision (a)(1) is a public record.
(2)
The notice provided to the speakers pursuant to subdivision (a)(2) or (a)(3) remains confidential unless the general assembly opens an investigation of a judge pursuant to the Constitution of Tennessee, Article VI, § 6 or Article V.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 7; T.C.A., § 17-807; Acts 2012 , ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-302 - Investigation and action if reason to believe judge is disabled

(a)
The board is authorized, 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 in which an active judge is suffering from a temporary or permanent disability, physical or mental, that would substantially interfere with the prompt, orderly, and efficient performance of the judge's duties. As used in this subsection (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.
(b)
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. The expense of such evaluation must be borne by the board. Prior to a hearing under §
17-5-307
, 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.
(c)
All complaints made under this section are confidential and privileged.
(d)
If the board recommends removal from office under this section, the aggrieved judge may appeal to the supreme court as provided in §
17-5-309
.
Amended by 2022 Tenn. Acts, ch. 976, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 976, s 1, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 12 T.C.A., § 17-812; Acts 2003 , ch. 112, § 1; 2012 , ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-304 - Investigation and dismissal of groundless complaint

If it is determined that the charges against a judge are frivolous or unfounded, or beyond the permissible scope of the board's inquiry, the matter will be closed and all documents, records, and papers pertaining to the charges must be destroyed and the board's docket must recite the investigation and dismissal of a groundless complaint.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 14; T.C.A., § 17-814; Acts 1983, ch. 17, § 2; 1995, ch. 208, § 11; 2002, ch. 564, §§ 10, 16; 2012, ch. 819, §§ 2, 4; 2012.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-305 - Immunity of members of board, disciplinary counsel, and their staff

Members of the board, the disciplinary counsel, and their staff are immune from civil suit for all conduct in the course of their official duties, except in cases of gross negligence or willful misconduct.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 15; T.C.A., § 17-815; Acts 1997, ch. 117, § 1; 2012, ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-306 - Formal charges - Answer - Failure to appear - Stated sanction

(a)
When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses under §
17-5-301(j)
, or is suffering from a disability as set forth in §
17-5-302
, it is the duty of disciplinary counsel to give the judge under investigation written notice of the details of the formal charges.
(b)
The formal charges must give fair and adequate notice of the nature of the alleged misconduct or incapacity. The disciplinary counsel shall file the formal charges with the board. The disciplinary counsel shall cause a copy of the formal charges to be served on the judge or the judge's counsel by certified mail and shall file proof of service with the board.
(c)
The judge has fourteen (14) days from the date of receipt of written notice of the formal charge to file an answer with the board and serve a copy on the disciplinary counsel.
(d)
A judge who raises a defense based on a mental or physical condition waives any medical privilege.
(e)
If the judge fails to answer the formal charges, then the failure to answer constitutes an admission of the factual allegations.
(f)
If the judge fails to appear when specifically ordered to do so by the hearing panel or the board, the judge is deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or board shall not continue or delay proceedings because of the judge's failure to appear.
(g)
(1)
The judge may agree with the disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction at any time after the filing of formal charges and before final disposition. The agreement must be submitted to the hearing panel assigned to the case, which shall either:
(A)
Reject the agreement; or
(B)
Approve the agreement and enter the order to sanction the judge.
(2)
If the stated sanction is rejected by the hearing panel, the agreement must be withdrawn and cannot be used against the judge in any proceedings.
(3)
A judge who consents to a stated sanction shall sign an affidavit stating that:
(A)
The judge consents to the sanction;
(B)
The consent is freely and voluntarily rendered;
(C)
There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and
(D)
The facts set forth in the affidavit are true.
(4)
The affidavit must be filed with the board upon its approval by the hearing panel. The affidavit remains confidential until it is filed with the board. The final order of sanction must be based on the formal charges and the conditional admission.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1995, ch. 208, § 12; 2012, ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-307 - Hearing - Quorum - Clear and convincing evidence

(a)
The matter must be set for hearing within thirty (30) days from the date the answer is filed. The hearing is a full evidentiary hearing at which the judge is entitled to due process, including the right to be represented by counsel, the right of compulsory process to secure the attendance of witnesses, the right of confrontation and of cross-examination of witnesses, and the right to a speedy and public trial. Upon demand of the judge, or upon a finding by the board that the public interest would be served, the trial must be conducted in the county of the judge's residence. A complete transcript of the trial must be prepared by a court reporter.
(b)
The hearing panel shall conduct the hearing. Members of the investigative panel for the particular cause shall not participate in the hearing or the deliberations of the cause.
(c)
A majority of the hearing panel constitutes a quorum, and a quorum of the hearing panel is required to hold a hearing. The hearing panel shall decide a matter only upon the concurrence of a majority of all members of the panel hearing the matter. The decision of the hearing panel is the decision of the board.
(d)
Charges of misconduct must be established by clear and convincing evidence.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 17; T.C.A., § 17-817; Acts 1995, ch. 208, § 13; 2002, ch. 564, § 15; 2012, ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-308 - Dismissal of charges or imposition of sanctions - Findings and judgment - Moot removal recommendation

(a)
The board, acting through the hearing panel, may dismiss the charges or impose any sanction authorized in §
17-5-301(f)(1)
at the conclusion of the hearing.
(b)
The board shall issue a formal finding of fact and opinion within thirty (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. If the hearing panel does not submit its findings and judgment within thirty (30) days, the disciplinary counsel shall 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. The failure of the hearing panel to meet the deadline is not grounds for dismissal of the formal charges.
(c)
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, its formal opinion shall so state. For purposes of this subsection (c), the board's removal recommendation shall be considered moot only if the board determines there is no further punitive action the general assembly could take against the judge.
(d)
The board shall notify the complainant of the results of the hearing, by mailing a copy of the hearing panel's findings and judgment and a copy of the board's formal finding of fact and opinion and any sanction imposed.
Amended by 2023 Tenn. Acts, ch. 273,s 1, eff. 4/28/2023.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 18; T.C.A., § 17-818; Acts 1995, ch. 208, § 14; 2002, ch. 564, § 11; 2012 , ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-309 - Appeal by aggrieved judge

(a)
The aggrieved judge or the complainant may appeal to the supreme court, pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, within fourteen (14) days from the date of entry of the judgment of the board following the conclusion of the hearing held pursuant to §
17-5-307
. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure.
(b)
(1)
The review in the supreme court is de novo on the record made before the board. There is no presumption of correctness of the judgment or the findings of the board.
(2)
The supreme court shall convene within seven (7) days after all briefs are filed to hear oral arguments and shall file a written opinion within fourteen (14) days thereafter.
Amended by 2023 Tenn. Acts, ch. 273, s 2, eff. 4/28/2023.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 19; T.C.A., § 17-819; Acts 1984, ch. 625, § 1; 1995, ch. 208, § 15; 2002, ch. 564, § 12; 2012 , ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-310 - Action of board affirmed - Transmittal of recommendation of removal to general assembly

(a)
If the supreme court affirms the action of the board as provided in §
17-5-308
, the judgment of the supreme court is final. If the supreme court affirms the action of the board in recommending removal of the judge in accordance with §
17-5-302
or §§
17-5-308
and
17-5-301(f)(1)(F)
, the recommendation for removal must be transmitted to the general assembly for a final determination. However, if the supreme court affirms the board's action recommending the removal of a judge and its determination that the recommendation is moot as provided in §
17-5-308(c)
, the matter may not be transmitted to the general assembly for a final determination but is final upon the supreme court's action.
(b)
The clerk of the supreme court shall send written notice of the supreme court's action to affirm the recommendation for removal to the speaker of the senate and speaker of the house of representatives. The clerk of the supreme court shall certify the entire record, including the briefs filed in the supreme court and the opinion of that court, to the speaker of the senate and the speaker of the house of representatives within five (5) days of the clerk's receipt of such record.
(c)
The procedure for the removal of a judge provided in accordance with this chapter must not be construed as limiting or altering the power of impeachment, as provided in the Constitution of Tennessee, Article V or the power of removal as provided in the Constitution of Tennessee, Article VI, § 6.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 20; T.C.A., § 17-820; Acts 2002, ch. 564, § 13; 2012 , ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 5 - BOARD OF JUDICIAL CONDUCT (§§ 17-5-101 — 17-5-311) › Part 3 - JURISDICTION AND PROCEEDINGS (§§ 17-5-301 — 17-5-311) › Section 17-5-311 - Conflict between timeframes

If a conflict arises between the timeframe provided for in this chapter and the timeframe set out in the rules of practice and procedure, the rules of practice and procedure shall control.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 345,s 29, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236,s 41, eff. 4/19/2013.
Acts 1979, ch. 356, § 21; T.C.A., § 17-821; Acts 1984, ch. 625, §§ 2, 3; 1995, ch. 208, § 16; 2002, ch. 564, § 14; 2012, ch. 819, § 4.
2023 Tennessee Code › Title 18 - CLERKS OF COURTS (§§ 18-1-101 — 18-6-115) › Chapter 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-1-508) › Part 1 - QUALIFICATIONS AND CONDUCT OF OFFICE (§§ 18-1-101 — 18-1-113) › Section 18-1-101 - Selection and general functions

Each of the courts has a clerk, elected or appointed for a term of years, whose duty it is to attend the court and perform all the clerical functions of the court.
Code 1858, § 320 (deriv. Acts 1794, ch. 1, § 2); Shan., § 396; Code 1932, § 646; T.C.A. (orig. ed.), § 18-101.
2023 Tennessee Code › Title 18 - CLERKS OF COURTS (§§ 18-1-101 — 18-6-115) › Chapter 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-1-508) › Part 1 - QUALIFICATIONS AND CONDUCT OF OFFICE (§§ 18-1-101 — 18-1-113) › Section 18-1-102 - Residence and office

The clerk of each of the courts shall reside in the county in which the court is held, shall keep an office at the county seat of that county, and give due attendance at the office for the performance of official duties.
Code 1858, § 4038 (deriv. Acts 1805, ch. 1; 1832, ch. 7, § 2); Shan., § 5850; Code 1932, § 10050; T.C.A. (orig. ed.), § 18-102.
2023 Tennessee Code › Title 18 - CLERKS OF COURTS (§§ 18-1-101 — 18-6-115) › Chapter 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-1-508) › Part 1 - QUALIFICATIONS AND CONDUCT OF OFFICE (§§ 18-1-101 — 18-1-113) › Section 18-1-103 - Oath of office

Each clerk of a court must also, before entering on the duties of the office, take an oath to support the constitutions of the United States and of this state, and to execute the duties of the office without prejudice, partiality or favor, to the best of the clerk's skill and ability; also, that the clerk has neither given nor will give to any person any gratuity, gift, fee or reward in consideration of the clerk's support for the office, and that the clerk has neither sold nor offered to sell, nor will the clerk sell, the clerk's interest in the office.
Code 1858, § 332 (deriv. Acts 1794, ch. 1, §§ 3, 50); Shan., § 408; Code 1932, § 658; T.C.A. (orig. ed.), § 18-103.
2023 Tennessee Code › Title 18 - CLERKS OF COURTS (§§ 18-1-101 — 18-6-115) › Chapter 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-1-508) › Part 1 - QUALIFICATIONS AND CONDUCT OF OFFICE (§§ 18-1-101 — 18-1-113) › Section 18-1-104 - Deputy's oath

Each deputy clerk shall take the oath appointed for the qualification of public officers, and an oath faithfully to discharge the duties of the office to the best of the deputy clerk's skill and ability.
Code 1858, § 333 (deriv. Acts 1794, ch. 1, § 72); Shan., § 409; Code 1932, § 659; T.C.A. (orig. ed.), § 18-104.
2023 Tennessee Code › Title 18 - CLERKS OF COURTS (§§ 18-1-101 — 18-6-115) › Chapter 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-1-508) › Part 1 - QUALIFICATIONS AND CONDUCT OF OFFICE (§§ 18-1-101 — 18-1-113) › Section 18-1-106 - Judgment index

(a)
It is the duty of the clerk of the courts of record, and they are required, to keep a judgment index in which the name of each person, partnership, firm or corporation against whom a judgment or decree is rendered shall be entered under the proper alphabet or letter of the person, partnership, firm or corporation, giving the date, number of the cause and amount of the judgment.
(b)
(1)
Each page of the index shall have five (5) columns, as follows:
Name.
Date.
No.
Cause.
Amount.
(2)
Two (2) sets of these columns may be on each page.
Acts 1897, ch. 27; Shan., § 5852a2; Code 1932, § 10054; T.C.A. (orig. ed.), § 18-106.
2023 Tennessee Code › Title 18 - CLERKS OF COURTS (§§ 18-1-101 — 18-6-115) › Chapter 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-1-508) › Part 1 - QUALIFICATIONS AND CONDUCT OF OFFICE (§§ 18-1-101 — 18-1-113) › Section 18-1-107 - Notation as to party requesting process

The clerks of court, in all cases where there are two (2) or more defendants in any case, civil or criminal, and a subpoena for witnesses or other process issues on application of part only of the defendants, shall mark thereon at whose instance the subpoena is issued.
Code 1858, § 4049 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., § 5864; Code 1932, § 10066; T.C.A. (orig. ed.), § 18-107.