§ 17-5-309. Appeal by Aggrieved Judge
The aggrieved judge may appeal to the supreme court, as a matter of right, within fourteen (14) days from the date of entry of the judgment of the board. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure. The review in the supreme court is […]
§ 17-5-310. Action of Board Affirmed — Transmittal of Recommendation of Removal to General Assembly
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 […]
§ 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.
§ 17-5-301. Powers of Board — Disciplinary Counsel
The board is given broad powers to investigate, hear, and determine charges sufficient to warrant sanctions or removal, and to carry out its duties in all other matters as set forth in this chapter. The board is specifically authorized to administer oaths and affirmations, to issue process to compel the attendance of witnesses and the […]
§ 17-5-302. Investigation and Action if Reason to Believe Judge Is Disabled
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 wherein an active judge is suffering from any disability, physical or mental, that is or is […]
§ 17-5-303. Investigations of Complaints by Disciplinary Counsel — Recommendation by Disciplinary Counsel — Action by Investigative Panel
The disciplinary counsel shall evaluate all information coming to the disciplinary counsel’s attention by complaint, upon the request of any member of the board, or from any other credible source that alleges judicial misconduct or incapacity within fourteen (14) days of the date of a written complaint being filed, a request being submitted, or the […]
§ 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.
§ 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.
§ 17-5-306. Formal Charges — Answer — Failure to Appear — Stated Sanction
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 […]
§ 17-5-307. Hearing — Quorum — Clear and Convincing Evidence
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 […]