Sec. 1. Time and Place of Meeting. —The Court shall meet at 10:00 o'clock a.m. on the fourth (4th) Wednesday in February and the fourth (4th) Wednesday in August in the Supreme Court Chambers at Nashville, Tennessee, and at such other times and places as the presiding judge, or a majority of the members of the Court, may deem necessary.
Sec. 2. Notice of Meeting. —The clerk of the Court shall give a minimum of ten (10) days' notice of the time and place of meetings to all members of the Court.
Sec. 3. Quorum. —Eight (8) members of the Court shall constitute a quorum.
Sec. 1. Presiding Judge. —The Court, at its meeting on the fourth (4th) Wednesday in August of each year, shall elect a presiding judge to serve for a period of one (1) year. The presiding judge shall be elected from the members of the Court by a majority present and voting.
The presiding judge may be removed by a two-thirds vote of the members of the Court, with or without cause.
Sec. 2. Presiding Judge Pro Tem. —The Court, at its meeting on the fourth (4th) Wednesday in August of each year, shall elect a presiding judge pro tem to serve for a period of one (1) year. The presiding judge pro tem shall be elected from the members of the Court by a majority present and voting.
The presiding judge pro tem may be removed by two-thirds vote of the members of the Court, with or without cause.
If at any meeting the presiding judge is not present, the presiding judge pro tem shall preside. If the presiding judge is recused with respect to a matter, the presiding judge pro tem shall act as presiding judge with respect to such matter.
Sec. 3. Presiding Judge —Duties. —In addition to the duties and responsibilities set forth in Chapter No. 356, Public Acts of 1979, as modified by Chapter 208, Public Acts of 1995, the presiding judge shall preside at all meetings of the Court and at trials. The presiding judge shall rule upon the admission or exclusion of evidence. However, the presiding judge's ruling upon the admission or exclusion of evidence may be appealed to the full Court.
The presiding judge and only the presiding judge shall be the spokesperson for all matters pending before the Court, except that if the presiding judge is recused with respect to a matter pending before the Court, the presiding judge pro tem and only the presiding judge pro tem shall be the spokesperson for the Court with respect to such matter.
After the trial of any matter the presiding judge shall write or shall designate a member of the hearing panel that heard the matter to write the majority opinion. Any member of the hearing panel that heard the matter may write a concurring or dissenting opinion.
The presiding judge shall have such other duties and responsibilities as are necessary in fulfilling the office.
Sec. 1. Recusal —Replacement. —(a) Hearing Panel. If a member of the Court is recused from the hearing of any matter and the Court deems it necessary that a replacement be designated then the presiding judge shall designate a temporary replacement by an order signed by a majority of the members of the hearing panel for the matter. In making such temporary designation, due regard will be given to the status of the recusing member to the end that the contemplated composition and balance of the hearing panel for the matter be maintained.
(b) Investigative Panel. If a member of an investigative panel is recused from the hearing of any matter, then the presiding judge shall designate a temporary replacement by an order signed by the presiding judge. In making such temporary designation, due regard will be given to the status of the recusing member to the end that the contemplated composition and balance of the investigative panel for the matter be maintained.
Sec. 1. Hiring. —The appointment or retention of disciplinary counsel shall be made only by a majority of the Court. However, the presiding judge or one or more members of the Court designated by the presiding judge may handle preliminary matters relating to hiring disciplinary counsel, including, but not limited to, advertising the position, receiving and reviewing resumes, screening applicants and conducting interviews.
Section 1. Written Complaints
Complaints should be reduced to writing and sworn to before a notary public or by an officer authorized to administer oaths under Tennessee law. Complaints must state with reasonable particularity the factual basis of the complaint. Complaints are filed with Disciplinary Counsel at an address designated by the Court.
Section 2. Other Sources
Disciplinary Counsel is authorized to investigate anonymous complaints or information coming from sources other than a written complaint, provided Disciplinary Counsel deems the information sufficiently credible or verifiable through objective sources.
Section 3. Judge's Response to be in Writing. —A judge's response to an initial complaint is to be reduced to writing but is not required to be under oath. Responses filed by others on behalf of the judge are to be reduced to writing and sworn to before a Notary Public or by an officer authorized to administer an oath under Tennessee law. The judge's response is to be filed with Disciplinary Counsel. [As amended by order entered June 28, 2000, and filed July 10, 2000, and by order filed September 17, 2004.]
Sec. 1. Designation of Investigative Panels. —The presiding judge shall designate such investigative panels as in the presiding judge's discretion are necessary to the efficient operation of the Court.
Each investigative panel shall be comprised of three members of the Court, and a member may serve on more than one investigative panel. The presiding judge shall not serve as a member of any investigative panel. In appointing the investigative panels, the presiding judge shall give due consideration to the composition of each panel so that to the extent feasible, public members, practicing attorneys and judges of various courts are represented on each panel. Each of the members of the various investigative panels may be from the same geographic region of the State so as to promote communication and meetings among panel members. The presiding judge may designate alternate members to serve on investigative panels in the event that a member of an investigative panel is recused from considering a particular matter.
Sec. 2. Coordinators of Investigative Panels. —Each investigative panel shall designate a member of the investigative panel to serve as coordinator of that investigative panel. The coordinator of each investigative panel shall be responsible for scheduling periodic meetings of the investigative panel (whether in person or by telephone conference call) for communicating to disciplinary counsel on behalf of the investigative panel, and for handling any other administrative matters that the presiding judge shall designate to be handled with respect to the investigative panel.
(a) Meetings of Investigative Panels. Promptly upon receipt of a complaint or upon receipt of a report and recommendations from the disciplinary counsel, the investigative panel shall review the matter. Upon the call of any member of an investigative panel, or if panel decision is not unanimous with respect to a matter, the coordinator shall schedule a meeting of the investigative panel to review the matter(s). The meeting may be conducted in person or by telephone conference call, provided that if the meeting is conducted by telephone conference call, every member of the panel must be able to hear and to speak to every other member of the panel.
(b) Initial Review of Complaint. Upon receipt of a complaint or file from the disciplinary counsel, an investigative panel shall review the matter and shall:
(i) authorize a full investigation; or
(ii) dismiss the complaint.
The coordinator shall communicate the investigative panel's decision promptly in writing to the disciplinary counsel.
(c) Review after Full Investigation. When an investigative panel has authorized a full investigation of a complaint or matter, then promptly upon its receipt of the disciplinary counsel's report of the investigation and recommendation, the investigative panel shall review the report and recommendations and shall:
(i) approve the recommendations of disciplinary counsel;
(ii) modify the recommendations of disciplinary counsel; or
(iii) disapprove the recommendations of disciplinary counsel.
(d) Action of Investigative Panel After Investigation. After investigation and upon determining that there is probable cause to believe that a judge has committed a judicial offense, the investigative panel shall:
(i) direct disciplinary counsel to file formal charges against the judge; or
(ii) propose to the judge that the judge consent to a private admonition; or
(iii) propose to the judge that the judge consent to a deferred disciplinary agreement (as defined in Tenn. Code Ann. § 17-5-301(g)).
In the event the judge consents to the private admonition or deferred disciplinary agreement, then the private admonition or deferred disciplinary agreement shall be administered as set forth in Rule 7. In the event the judge does not consent to the private admonition or deferred disciplinary agreement, then the investigative panel shall direct disciplinary counsel either to file formal charges against the judge or to dismiss the complaint.
Sec. 4. Frivolous Complaints—Destruction of Records. —In the event the investigative panel determines that the charges are frivolous or unfounded, or would not constitute misconduct or incapacity if true, or are beyond the permissible scope of the Court's inquiry, the investigative panel shall dismiss the charges. The matter will then be closed, and the Court's docket will recite the investigation and dismissal of a groundless complaint.
Sec. 5. Formal Charges. —If an investigative panel determines that there is reasonable cause to believe that a judge committed a judicial offense and the investigative panel directs that disciplinary counsel file a formal charge as provided in Tenn. Code Ann. § 17-5-304(e), then prior to the filing of the formal charge the investigative panel shall review and approve the form and content of such formal charge. Such formal charge shall be signed by disciplinary counsel and the members of the investigative panel who directed that the formal charge be filed.
Sec. 6. Consensus by Investigative Panels. —In the event that the members of an investigative panel are not able to reach a consensus after due consideration by meeting in person or by meeting via a conference call in which every member of the panel can hear and speak to every other member of the panel, then the investigative panel may act upon the concurrence of two of its three members. In the event that no two members of an investigative panel concur in the decision, then the presiding judge shall direct that the matter be assigned to another investigative panel for consideration. In the event the second investigative panel recommends the filing of formal charges, no member of either the first investigative panel or the second investigative panel shall serve on the hearing panel for such matter.
Sec. 1. Hearing Panel —Sanctions Consented by Judge. —If a judge consents to a sanction as provided for in Tenn. Code Ann. § 17-5-307(g), and the hearing panel approves the sanction agreement, then the sanction agreement shall be reduced to writing and shall be approved by the judge, the judge's counsel (if any), disciplinary counsel and the hearing panel, and the sanction order shall be entered by the presiding judge. Because a hearing panel may act only after formal charges have been filed against a judge, all sanctions administered by a hearing panel shall be public, whether or not the judge has consented to the sanctions.
Sec. 2. Investigative Panel —Private Admonition. —If a judge, with the unanimous concurrence of the investigative panel and the concurrence of the presiding judge, consents to a private admonition or deferred discipline agreement as provided for in Tenn. Code Ann. § 17-5-304(d)(2), then the judge shall personally appear before the investigative panel so that the investigative panel may confirm that the judge has consented to the private admonition or deferred discipline agreement and may administer such admonition to the judge or may accept from the judge such deferred discipline agreement. Private admonitions and deferred discipline agreements shall be reduced to writing and shall be signed by the judge, the presiding judge and the members of the investigative panel imposing such private admonition or deferred discipline agreement. Private admonitions and deferred discipline agreements shall specify the nature of the behavior that resulted in the private admonition or deferred discipline agreement. Such writings shall be confidential, and a copy of the private admonition or deferred discipline agreement shall be given to the judge; the original shall be retained in the files of the Court and may be used or released only as allowed in Tenn. Code Ann. § 17-5-301(f)(3).
Except for hearings conducted pursuant to Tenn. Code Ann. § 17-5-308 or sanctions required to be public, matters that come before the Court are confidential. Individual members of the Court will not discuss any matter pending before the Court, except with other members of the Court and with Disciplinary Counsel. However, nothing in the Rule shall prohibit the complainant, respondent-judge, or any witness from disclosing the existence or substance of a complaint, matter, investigation, or proceeding under these Rules or from disclosing any documents or correspondence filed by, served on, or provided to that person. (Amended by order filed March 28, 2001and by order filed March 14, 2005.)
These rules may be amended from time to time by a majority of the members of the Court present and voting at any meeting. By concurrence of the majority of the members of the Court voting, any of the above rules may be suspended, except when the suspension of a rule would cause the violation of a statute or other law. [As amended April 2, 1996.]