17-5-311 - Review by the general assembly.
17-5-311. Review by the general assembly.
(a) In the event the supreme court affirms the action of the court of the judiciary as provided in § 17-5-309, the judgment of the supreme court shall be final. In the event the supreme court affirms the action of the court of the judiciary in recommending removal of the judge in accordance with § 17-5-303 or § 17-5-309(a) and § 17-5-301(f)(6), the question of removal shall be transmitted to the general assembly for final determination. However, if the supreme court affirms the court of the judiciary's action recommending the removal of a judge and its determination that the recommendation is moot as provided in § 17-5-309(c), the matter shall not be transmitted to the general assembly for final determination but shall become final upon the supreme court's action.
(b) The clerk of the supreme court shall send written notice to the speaker of the senate and speaker of the house of representatives of the action of the supreme court in affirming the recommendation of removal. Immediately upon its receipt, and in no event later than ten (10) days, the clerk shall certify the entire record, including the briefs filed in the supreme court and the opinion of that court, to the speaker of the senate with a duplicate certified copy to the speaker of the house of representatives.
(c) On receipt of the entire record, the speaker of the senate and the speaker of the house of representatives shall appoint a special joint committee of ten (10) members, composed of five (5) members of the judiciary committees of the respective houses. The speakers shall designate one (1) of the appointees to serve as temporary chair of the special joint committee. The temporary chair shall call a meeting of the committee in Nashville within thirty (30) days from and after the appointment of the committee members, and the chair shall provide the judge in question ten (10) days' written notice of the meeting. The temporary chair shall preside at the committee meeting so called until such time as committee officers are selected. The special joint committee shall hear the appeal de novo and upon the record transmitted to the general assembly. There shall be no presumption of correctness and no witnesses shall be heard. Full argument of counsel shall be permitted at the meeting. The special joint committee shall vote for recommending removal or against recommending removal as to each charge presented against the judge that was affirmed by the supreme court. The committee may vote for recommending removal based on the cumulative effect of all the charges even though they vote against recommending removal as to each individual charge. The vote on each charge and the vote on the cumulative charge, if any, shall be made a part of the record transmitted to the general assembly.
(d) Within ten (10) days from and after the hearing, the joint committee shall make and file its report with the respective speakers, who shall forthwith convene a joint convention of the general assembly for the purpose of acting upon the report of the joint committee. Consideration before the joint convention shall be limited to the record, but oral argument will be permitted.
(e) Upon the conclusion of argument, the joint convention shall adjourn and each house shall repair to its respective chamber, and vote separately, in the manner prescribed in Tenn. Const. art. VI, § 6. Each house shall vote for or against removal of the judge in question as to each charge for which the special joint committee recommended removal. Any member, by a motion properly seconded, may call for a vote of the member's respective house on any charge considered by the joint committee but for which the committee recommended against removal. In the event two thirds (2/3) of the members to which one (1) house may be entitled vote to remove the judge in question for a charge that the special joint committee recommended against removal, the vote and the charge receiving such two-thirds (2/3) vote shall be transmitted forthwith to the other house, which shall then vote on it as if the charge was one recommended for removal by the special joint committee. The general assembly notes the ten (10) day notice provision of Tenn. Const. art. VI, § 6, but proceeds upon the assumption that all due process requirements have been satisfied by the notice provisions of the procedure outlined in this section.
(f) In the event two thirds (2/3) of the members to which each house may be entitled vote to remove the judge for one (1) or more of the charges brought by the court of the judiciary and affirmed by the supreme court, the names of the members voting for or against removal of the judge, together with the cause or causes of removal, shall be entered on the journals of each house respectively and the judge shall then be removed from office. Such removal shall be effective immediately following the concurrence of each house.
(g) (1) Notwithstanding the provisions of this section to the contrary, if the special joint committee, upon meeting as required by subsection (c), determines that by reason of resignation, death, retirement or otherwise the question of whether a judge should or should not be removed is moot, the appeal de novo shall not be heard by the committee and the committee's report to the respective speakers shall reflect the determination of mootness. If both speakers are in agreement that the matter is moot, the removal procedure shall terminate.
(2) For purposes of subdivision (g)(1), the question of whether a judge should be removed shall be considered moot only if the special joint committee determines that there is no further punitive action the general assembly could take against the judge.
[Acts 1979, ch. 356, § 21; T.C.A., § 17-821; Acts 1984, ch. 625, §§ 2, 3; 1995, ch. 208, § 16; 2002, ch. 564, § 14.]