Tennessee

The senate voted unanimously to replace the existing judicial disciplinary body—the court on the judiciary—with a new entity known as the board of judicial conduct. The state bar and the supreme court would no longer have a role in selecting members of the disciplinary body, and greater transparency in its work would be required.

The house judiciary committee rejected by a 7-7 vote a proposal calling for all of the state’s judges to be chosen in popular elections. A majority vote was needed for the bill to advance to the full legislature. The measure also failed to get a majority vote in the senate finance committee.

The state legislature approved a new judicial discipline system, calling for replacing the existing disciplinary body—the court on the judiciary—with an entity known as the board of judicial conduct. The ten judge members will be appointed by judicial organizations, rather than by the state bar and the supreme court, and the six non-judge members will be chosen by the governor and the speakers of the house and senate.

Governor Haslam indicated that he would support moving to a federal selection system for the state’s appellate judges, after a senate committee approved such a proposal. Earlier this year Haslam joined with Lieutenant Governor Ramsey and House Speaker Harwell to sponsor a bill that would constitutionalize the current merit selection and retention plan. A third measure calling for contested elections of judges is also under consideration.

The senate voted unanimously to replace the existing judicial disciplinary body—the court on the judiciary—with a new entity known as the board of judicial conduct. The state bar and the supreme court would no longer have a role in selecting members of the disciplinary body, and greater transparency in its work would be required.

The house judiciary committee approved by a 9-6 vote a measure that would constitutionalize the Tennessee Plan for selecting judges.

Though he believes he has enough votes to move the proposal out of committee, a Republican legislator agreed to postpone until the end of the session consideration of his bill calling for popular election of all judges. In January, the Republican governor, senate speaker, and house speaker jointly proposed a constitutional amendment establishing merit selection for appellate judges.

A proposal to amend the constitution to establish merit selection and retention for appellate judges and justices met with support and opposition from both Republicans and Democrats in the legislature. The proposal would make constitutional a selection system that is currently statutory.

The governor, lieutenant governor, and speaker of the house jointly proposed a constitutional amendment that would establish a merit selection and retention system for the state’s appellate judges. If approved by the legislature, the measure would go on the ballot in 2014. (A merit selection and retention system is currently in place, but it is statutorily based.)

Republicans legislators have introduced several bills this session aimed at the courts, including changing the way judges are disciplined and amending the constitution to address how judges are selected. A proposal that would have stripped the courts of judicial review over state laws was withdrawn by its sponsor after it met with heavy criticism from both parties.