Tennessee § 17-2-302 - Requests for senior designation.

§ 17-2-302. Requests for senior designation.

Any former supreme court justice, judge of an intermediate appellate court or judge of a state court of record who has at least eight (8) years of creditable service as a state justice or judge may request to be designated as a senior justice or judge. Requests for senior designation shall be filed with the administrative director of the courts and shall be accompanied by: Evidence that the justice or judge does not suffer from a permanent physical or mental disability that would substantially interfere with the performance of the justice's or judge's duties; A written agreement that the justice or judge will not engage in the practice of law while serving as a senior justice or judge; A written agreement that the justice or judge will be available to perform judicial duties for at least an aggregate period of thirty (30) weeks out of each successive twelve-month period; A written agreement that the justice or judge will continue to file the disclosure statements required by title 8, chapter 50, part 5 during the justice's or judge's tenure as a senior justice or judge; A written agreement that the justice or judge will abide by the code of judicial conduct; and A duly executed oath of office, taken in the manner prescribed in § 17-1-104, stating: “I, , do solemnly swear that I will support the Constitution of the United States and the Constitution of Tennessee, and that I will administer justice without respect of persons and impartially discharge to the best of my ability all the duties of the office of senior justice (or judge) of the state of Tennessee on which I am about to enter.” Acts 1990, ch. 1025, § 2; 1993, ch. 66, § 32; 1999, ch. 86, § 1; 2002, ch. 639, §§ 1, 2. Code Commission Notes. Acts 2002, ch. 639, § 9 provided that, during fiscal year 2001-2002, that act shall be implemented exclusively from funds provided for the senior judge program by the provisions of Acts 2001, chs. 435 and 464. In subsequent fiscal years, the act shall not be construed or implemented in any manner that requires increased funding for the senior judge program beyond the rate of inflation. Compiler's Notes. Acts 1999, ch. 86, § 2 provided that it was the clear and unequivocal intent of the general assembly that subsection (a) as amended by that act have retroactive application to November 30, 1997. Attorney General Opinions. Proposed legislation that gives the Tennessee Supreme Court the authority to appoint any former judge or justice who has at least one year of judicial service to serve as “a senior judge to hear complex commercial disputes” raises significant constitutional concerns. Unlike existing law, the proposed legislation would permit a former judge who has minimal judicial experience and who has never won a judicial election to serve in a judicial capacity. Such appointment would not be temporary but would be for a four-year term, renewable without limitation at the discretion of the Supreme Court. OAG 18-14, 2018 Tenn. AG LEXIS 15 (3/23/2018). The proposed legislation that would allow the Supreme Court to transfer complex commercial cases from the assigned trial court judge to a senior business judge does itself not raise constitutional concerns. It constitutes a specific grant of authority to transfer cases in furtherance of the Supreme Court’s existing supervisory authority. OAG 18-14, 2018 Tenn. AG LEXIS 15 (3/23/2018).