Retired judges will be designated by Chief Justice Frank F. Drowota to sit when necessary for Justice Adolpho A. Birch, Jr., while he undergoes chemotherapy and radiation treatments.
"This therapy will, no doubt, affect my ability to discharge all of the duties of my office," Birch said Wednesday. "Accordingly, I have asked the chief justice and my colleagues on the court for relief from the daily and scheduled responsibilities of the court pending completion of this therapy. I expect to return to full-active status thereafter."
Birch, who underwent successful surgery in July, has continued to "fully perform his obligations to the court," the chief justice said.
"I appreciate his commitment to the duties of his office and to the citizens of Tennessee," Drowota said. "I will be prepared to designate a judge to sit for Justice Birch when he is unable to attend court. He will continue to discharge the duties when he is able to perform. We look forward to his full recovery and to his resuming full duties with the court upon completion of therapy. He remains in the thoughts and prayers of all members of the judiciary."
Birch, who served as chief justice in 1996-97, began his judicial career in 1969 as a General Sessions Court judge in Davidson County. He previously had served as an assistant public defender and assistant district attorney in Nashville. In 1978, he became a Criminal Court judge and in 1987, he was appointed to the Court of Criminal Appeals. He was elected to the appellate court in 1988 and was reelected in 1990. Birch was appointed to the state Supreme Court in 1993 and was elected the following year. In 1998, he was elected to an eight-year term.