TBA Law Blog

Posted by: Allan Ramsaur on Mar 12, 2013

An amended bill (SB1058/HB1227) that emerged from the Senate Judiciary Committee today reconstitutes the Judicial Performance Evaluation Commission, and also provides that if the commission recommends against a judge then “a vacancy occurs," apparently not permitting the sitting judge to stand for retention election.

The surprise move by Sen. Brian Kelsey, R-Germantown, who chairs the Judiciary Committee, amended a caption bill with an unrelated body to dramatically change the way that evaluations of appellate judges occur under the Tennessee Plan. When advocates for the present system earlier asked for copies of the amendment they were denied copies. The committee adopted the amendment by a 6-1-1 vote, with Vice Chair Sen. Doug Overbey, R-Maryville, and Sen. Lowe Finney, D-Jackson, objecting to the committee voting when advocates had not had an opportunity to see or consider the change.