Tennessee § 16-2-512 - Recommendations classifying elected additional judges.

§ 16-2-512. Recommendations classifying elected additional judges.

Where § 16-2-506 requires the election of an additional judge in a judicial district, the presiding judge of the district shall notify the trial court vacancy commission in writing of the judge's recommendation as to whether the additional judge will be a circuit court judge, criminal court judge, or chancellor and of the part of court the judge or chancellor will serve. The recommendation must be made by January 1 of the year in which the additional judge is to be elected and must be made only after consultation with all other trial level judges in the district, all local bar associations in the district, and any other person or group with an interest in the recommendation. The trial court vacancy commission has thirty (30) days from receipt of the written recommendation provided for in subsection (a) to approve or reject it; provided, that the recommendation stands approved unless rejected by a two-thirds (2/3) vote of the entire commission. No recommendation shall be rejected except following a public hearing of the commission held upon ten (10) days' advance notice to the presiding judge who made the recommendation and to the public. At the hearing, interested parties may present evidence on the issue. If the recommendation is not approved or rejected within thirty (30) days, the recommendation is considered approved. Upon the trial court vacancy commission's approval of a recommendation pursuant to this section, it shall notify the governor of its decision. Upon receiving this recommendation, the governor shall send notice that a vacancy has occurred to the commission and shall fill the vacancy in accordance with title 17, chapter 4, part 3. The administrative director of the courts shall notify the presiding judge of the affected district of the commission's action and shall notify the election commission of each county in the affected district of the type of judge and part of court of the judge to be elected. Upon receiving such information, each election commission shall prepare the ballot to be used in such judicial election accordingly. Acts 1984, ch. 931, § 12; 1993, ch. 66, § 18; 1993, ch. 506, § 4; 2001, ch. 268, § 2; 2019, ch. 420, § 7. Amendments. The 2019 amendment, in the first sentence, in (a), substituted “trial court vacancy commission” for “judicial council”, and in the second sentence substituted “must be made” for “shall be made” in two places; rewrote (b), which read: “The judicial council shall have thirty (30) days from receipt of the written recommendation provided for in subsection (a) to approve or reject it; provided, that the recommendation shall stand approved unless rejected by a two-thirds (2/3) vote of the entire council. No recommendation shall be rejected except following a public hearing of the council held upon ten (10) days' advance notice to the presiding judge who made the recommendation and to the public. At the hearing, interested parties may present evidence on the issue. If the recommendation is not approved or rejected within thirty (30) days, the recommendation shall be considered approved.”; and substituted “commission’s action” for “council’s action” in (d). Effective Dates. Acts 2019, ch. 420, § 27. May 21, 2019. Attorney General Opinions. Because the General Assembly has not repealed title 16, chapter 21 of the Tennessee Code, and has specifically referred to it and identified it as providing the appropriate procedure for filling the three new judgeships created by S.B. 5/H.B. 10, 110th Gen. Assem. (2018), the Commission should comply with T.C.A. § 16-2-512 to the extent possible, even though the Judicial Council established by title 16, chapter 21, no longer exists. OAG 18-21, 2018 Tenn. AG LEXIS 20 (5/24/2018).