Tennessee § 40-30-203 - Establishment — Composition.

§ 40-30-203. Establishment — Composition.

On July 1, 2011, there is created a post-conviction defender oversight commission. The members of the commission appointed under this section shall have a commitment to the constitutional rights of all individuals. In making these appointments, the appointing authorities shall strive to ensure that the membership of the commission appropriately reflects the racial and geographic diversity of the state. Members of the commission are not required to be attorneys, but any member who is an attorney may not be a current district attorney general or assistant district attorney general, a current public defender or assistant public defender, or a sitting judge. The commission is composed of the following nine (9) members: Three (3) members appointed by the governor; Three (3) members appointed by the speaker of the senate; and Three (3) members appointed by the speaker of the house of representatives. The term of office of each member of the commission is four (4) years. A vacancy occurring among the members of the commission before the expiration of a term shall be filled in the same manner as the original appointments. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term. To stagger the terms of the commission members, the initial term shall be as follows: The initial term of the members appointed by the governor shall be two (2) years; The initial term of the members appointed by the speaker of the senate shall be three (3) years; and The initial term of the members appointed by the speaker of the house of representatives shall be four (4) years. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-303 ; Acts 2011, ch. 414, § 6. Compiler's Notes. The post-conviction defender oversight commission, created by this section, terminates June 30, 2026. See §§ 4-29-112 , 4-29-247 . Acts 2011, ch. 414, § 2 provided that notwithstanding the provisions of § 4-29-112 , or any other law to the contrary, the post-conviction defender commission as it currently exists shall terminate and shall cease all activities on June 30, 2011. Acts 2011, ch. 414, § 11 provided that the current post-conviction defender and any staff shall remain in place and continue to operate at least until the new commission has been appointed and has met. The appointing authorities shall make their appointments by September 1, 2011, at which time the current post-conviction defender will schedule a meeting for the newly appointed commission members.