17-5-308 - Trial.
17-5-308. Trial.
(a) The matter shall be set for hearing within sixty (60) days from and after the filing of the answer. This enactment contemplates a full evidentiary hearing measuring up to all requirements of due process, to include the right to be represented by counsel, the right of compulsory process to secure the attendance of witnesses, the right of confrontation and of cross-examination, and the right to a speedy and public trial. Upon demand of the judge, or upon a finding by the court that the public interest would be served, the trial shall be conducted in the county of the judge's residence. A complete transcript shall be prepared by a court reporter.
(b) The hearing shall be conducted by the hearing panel, and no member of the investigative panel for the particular cause shall participate in the hearing or the deliberations of the cause.
(c) A majority of the hearing panel shall constitute a quorum, and a quorum of the hearing panel shall be required in order to hold a hearing. The hearing panel shall decide a matter only upon the concurrence of a majority of all members of the panel hearing the matter. The decision of the hearing panel is the decision of the court.
(d) Charges of misconduct shall be established by clear and convincing evidence.
[Acts 1979, ch. 356, § 18; T.C.A., § 17-818; Acts 1995, ch. 208, § 14; 2002, ch. 564, § 11.]