Tennessee Board of Judicial Conduct

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The Tennessee Board of Judicial Conduct is a judicial disciplinary agency in Tennessee. The Tennessee Legislature created the board to investigate the physical, mental and/or moral fitness of a judge to serve on the state's courts, look into complaints of judicial misconduct and determine whether any acts by a judge may cause the state's judiciary to be viewed unfavorably or have a negative effect on administering justice in the state. The board can impose sanctions for misconduct on judges or recommend to the legislature that a judge be removed, per the state constitution, when appropriate. The board has jurisdiction over judges serving on the appellate, trial, general sessions, probate, juvenile, municipal courts, as well as judicial candidates. The board has no authority to discipline federal judges, administrative law judges or attorneys.

Prior to June 30, 2012, the board was known as the Tennessee Court of the Judiciary.

According to the Tennessee Code Annotated, Title 17, Chapter 5, Part 3, 17-5-302, the board may investigate complaints regarding the following types of alleged misconduct:

• willful misconduct relating to a judge's official duties
• willful or persistent failure to perform judicial duties
• violations of the code of judicial conduct contained in Tennessee Supreme Court Rule 10
• any act which constitutes a violation of the Tennessee Rules of Professional Conduct listed in Tennessee Supreme Court Rule 8, which apply to judges
• persistent pattern of intemperate, irresponsible or injudicious conduct
• lack of courtesy to attorneys, court employees, jurors, parties or witnesses
• pattern of delay in disposing of pending litigation; and
• other misconduct which could cause public disrepute of the judiciary or have a negative affect on the administration of justice

The board has no authority to:

• change any ruling or decision made by a judge
• offer legal advice
• remove the judge from a case

Note: State judicial disciplinary agencies do not have appellate jurisdiction or authority over federal court judges and justices.

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Organization

In accordance with Tenn. Code Ann. 17-5-201, the board includes 16 members:

• 10 judges - three appellate court judges, one trial judge from each grand division, one general sessions or juvenile judge from each grand division, one municipal judge
• 3 practicing attorneys, one from each grand division in state
• 3 members of the public who are not attorneys or judges

A list of current board members can be found here.

Complaint procedure

Filing a complaint

The commission cannot begin an investigation until a written complaint is received. After the form is completed, it must be signed and mailed to the commission. Once a complaint is received, the commission will send out an acknowledgment letter within seven to 10 business days.

Complaint forms can be accessed here.

Confidentiality

By law, judicial misconduct complaints filed with the board remain confidential when they are in the preliminary stage of being investigated.

Complaint investigation/resolution process

The disciplinary counsel reviews all complaints and forwards them to a three-member investigative panel who decides whether to investigate it further. If the complaint does not include facts relating to judicial misconduct, the investigative panel dismisses the complaint. Both the party filing the complaint and the judge are notified about a dismissal.

If the complaint contains information about a judge that may allege judicial misconduct, the disciplinary counsel will conduct an initial investigation. If evidence is found to support the allegations, the investigative panel may authorize a full investigation. The judge will also be required to respond in writing.

Once the full investigation is completed, the investigative panel may do one of several things. The panel may dismiss the case; recommend a disciplinary action, such as a private or public reprimand or censure, a deferred discipline agreement with the judge (waiting to see if the judge corrects the behavior or fulfills certain requirements placed on the judge); refer the case to another agency such as the Tennessee Bureau of Investigation; or file formal, public charges against the judge.

If the panel directs the disciplinary counsel to file formal charges, a public trial may be held in front of a hearing panel, which consists of six other members of the board who were not part of the investigative panel. The complaint only becomes public if formal charges are filed.

Complaint statistics

2004-2013

The table below compares the number of misconduct complaints received by the commission and the number of complaints that were resolved each year. Statistics were compiled using information from statistical reports, available for the years 2004 to 2013. In years where more complaints were resolved than received, some complaints resolved may have been carried over from previous years. The commission's year runs from July 1 to June 30.

	2012-2013	2011-2012	2010-2011	2009-2010	2008-2009	2007-2008	2006-2007	2005-2006	2004-2005
Complaints Received	373	355	359	344	348	310	330	309	345
Complaints Resolved	350	380	334	322	360	300	297	286	440

Governing laws

The laws governing the board are set forth in the Tennessee Code Annotated. In 2012, the state legislature passed Public Chapter 819, a set of judicial ethics reform laws. Among the new laws was one which replaced the old court of the judiciary with a 16-member board of judicial conduct. The legislation passed the senate 30 to zero, and it passed the house 86 to seven. New procedures for evaluating complaints of judicial misconduct were also created.

The state's code of judicial conduct is contained in Supreme Court Rule 10.

There are four main canons covering judicial conduct:

• Canon 1 addresses the need for judges to remain independent and impartial and to uphold the integrity of the judiciary, while also avoiding impropriety and the appearance of impropriety.

• Canon 2 addresses the need for judges to perform their duties impartially, competently and diligently.

• Canon 3 discusses the requirements which apply to a judge's activities outside the court and off the bench.

• Canon 4 applies to the political activities of judges in the state.

Contact information

403 Seventh Avenue North, Room 202
Nashville, TN 37243

Phone: (615) 685-6156

See also

• Courts in Tennessee

External links

• Tennessee Board of Judicial Conduct (BJC)