Tennessee lawmakers and judges debate judicial ethics reform

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The Judicial Update
Tennessee

February 16, 2011

Tennessee: Legislation that proposes to reform Tennessee's judicial ethics board, the Court of the Judiciary, has sparked disagreement between lawmakers and judges. The plan, backed by Teneessee's judicial community, would make it harder for the ethics board to dismiss complaints against judges - a response to recent controversy over a lack of accountability and high rates of dismissals. The plan also calls for the ethics board to remain mostly judges - a source of contention between the supporters and opponents of the plan.[1] As it stands now, the ethics board is comprised mostly of judges appointed by the Tennessee Supreme Court. Critics of the plan want the Court of the Judiciary to be less dominated by judges.

One of Tennessee's loudest judicial critics, Senator Mae Beavers, is leading the opposition to the ethics board legislation. She publicly debated Court of Criminal Appeals Judge Jeff Bivins (a member of the ethics board) on the merits of the plan before the Tennessee Press Association last week.[1] Senator Beavers wants less judges on the board and for its members to be appointed by the legislature. She stated "I just think it looks bad when you have judges appointed by judges to judge judges."[1] Judge Bivins argued that its standard practice for professions to be governed by members of their own professions (i.e. doctors, lawyers, architects). Bivins remarked "So, we're simply asking to be treated like the other professionals."[1] He also argued that the board needed to remain comprised mostly of judges because hearings must be conducted in conformance with legal rules.

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