Tennessee § 17-2-306 - Termination of senior status.

§ 17-2-306. Termination of senior status.

Certification as a senior justice or judge shall terminate upon the expiration of the commission issued by the supreme court, except that the certification shall terminate earlier when any of the following occurs: The senior justice or judge requests termination of the status; The board of judicial conduct so orders; The senior justice or judge declines more than three (3) assignments pursuant to § 17-2-304(a) without good cause within any calendar year; or The supreme court, after affording the senior justice or judge notice and an opportunity to respond, determines that the senior justice or judge has failed to meet or to abide by any of the requirements of § 17-2-302(b). Senior justices or judges aggrieved by the supreme court's decision shall have the right to request that the decision be reviewed by the board of judicial conduct. After reviewing the supreme court's decision, the board of judicial conduct shall state its findings and may make recommendations to the supreme court. Termination of senior status for any reason shall not affect the amount of any retirement or other benefit to which the senior justice or judge would be otherwise entitled. Acts 1990, ch. 1025, § 6; 2012, ch. 819, § 4. Compiler's Notes. Acts 2012, ch. 819, § 5 provided that, in order to carry out its functions, duties, and responsibilities maintained under the provisions of the act, which amended subdivisions (a)(2) and (4), the court of the judiciary shall retain and have the authority to exercise any and all of its powers and duties existing under title 17 prior to enactment of the act, including, but not limited to, the power to subpoena, the power to take evidence, and the power to examine. Upon the termination of the court of the judiciary, the board of judicial conduct is expressly granted the same powers and duties as set forth above for the court of the judiciary in order to carry out its responsibilities established this chapter. The board of judicial conduct also is expressly authorized to continue any preliminary investigations, full investigations, and/or trials scheduled or in progress by the court of the judiciary at the time of termination of the court of the judiciary. This authorization includes the right to use any evidence obtained or taken by the court of the judiciary without the need to obtain again or retake any such evidence, including, but not limited to, prior issued subpoenas. Acts 2012, ch. 819, § 6 provided that: (a) All rules of the court of the judiciary in effect on July 1, 2012, shall remain in full force and effect as rules of the board of judicial conduct until modified or repealed by the board of judicial conduct. The initial rules adopted by the board of judicial conduct shall serve as the temporary rules of the board. The temporary rules shall remain in effect until such time as approved or not approved by the general assembly, with the board's chairperson presenting the rules, during the first session of the One Hundred Eighth General Assembly using the same procedure set out in § 16-3-404 for rules of court. If approved, the rules shall become the permanent rules of the board. All subsequent modifications or additions to such rules shall be approved by the general assembly in accordance with the procedures set forth in § 16-3-404 . Amendments. The 2012 amendment, in (a), substituted “board of judicial conduct” for “court of the judiciary” in (2) and in the second and third sentences of (4). Effective Dates. Acts 2012, ch. 819, § 8. July 1, 2012; provided, that, for the purposes of appointing the members of the board of judicial conduct created by the act, the act shall take effect April 25, 2012.