Senate Judiciary Committee 1

Amendment No. 1 to SB1573

Beavers
Signature of Sponsor
AMEND Senate Bill No. 1573*

House Bill No. 1448

by deleing all language after the enacting clause and by substituting instead the following:
SECTION 1. Tennessee Code Annotated, Title 17, Chapter 4, Part 1, is amended by
deleting the part in its entirety and by substituting instead the following:
17-4-101. It is the declared purpose and intent of the general assembly by the
passage of this chapter to assist the governor in finding and appointing the best qualified
persons available for service on the appellate courts of Tennessee, and to assist the
electorate of Tennessee in electing the best qualified persons to the courts; to better
insulate the judges of the courts from political influence and pressure; to improve the
administration of justice; to enhance the prestige of and respect for the courts by
minimizing the necessity of political activities by appellate judges; and to make the
courts less political.
17-4-102.
(a) There is established as a part of the judicial branch of the state a
judicial nominating commission, to be composed of seventeen (17) members as
follows:
(1) Eight (8) members shall be appointed by the speaker of the
senate;
(A) Two (2) of the members to be appointed from each of
the state's three (3) grand divisions, and the remaining two (2)
members to be appointed at-large; and
(B) At least six (6) of the members to be attorneys;

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(2) Eight (8) members shall be appointed by the speaker of the house of
representatives;
(A) Two (2) of the members to be appointed from each of
the state's three (3) grand divisions, and the remaining two (2)
members to be appointed at-large; and
(B) At least six (6) of the members to be attorneys; and
(3) One (1) non-attorney member shall be appointed at-large by
joint action of the speaker of the senate and the speaker of the house of
representatives.
Not more than three (3) of the members appointed at-large may be residents of
the same grand division.
(b) The entire membership of the judicial selection commission shall be
vacated and shall be replaced by new appointments made to the judicial
nominating commission pursuant to this section. In order to stagger the terms of
the newly appointed commission members, initial appointments shall be made as
follows:
(1) Two (2) of the senate speaker's initial appointments shall be
made for terms of two (2) years each;
(2) Two (2) of the house speaker's initial appointments shall be
made for terms of two (2) years each;
(3) The speakers' joint appointment shall be made for a term of
two (2) years;
(4) Three (3) of the senate speaker's initial appointments shall be
made for terms of four (4) years each;
(5) Three (3) of the house speaker's initial appointments shall be
made for terms of four (4) years each;
(6) Three (3) of the senate speaker's initial appointments shall be
made for terms of six (6) years each; and
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(7) Three (3) of the house speaker's initial appointments shall be

made for terms of six (6) years each.
Thereafter, the terms for all appointments shall comply with 17-4-106 and 174-107(a).
(c) In making the appointments to the judicial nominating commission,
each speaker shall do so with a conscious intention of selecting a body that
reflects diversity with respect to:
(1) Race, including the dominant ethnic minority population;
(2) Gender; and
(3) Representation of rural areas as well as urban centers.
(d) The administrative office of the courts shall develop and post on its
web site a downloadable, information and application form for citizens who wish
to be considered for appointment to the judicial nominating commission. The
form shall indicate all qualifications required for appointment to the commission.
To be considered for appointment, each applicant must complete, sign and
submit the form. Appropriate deadlines for submission of such forms shall be
established by the administrative office of the courts in advance of each
scheduled vacancy and promptly after the occurrence of any unscheduled
vacancy. Each time that deadlines are so established, in addition to notice
posted on its web site, the administrative office of the courts shall take
appropriate action to notify the general public and shall provide written
notification to the speaker of the senate and the speaker of the house of
representatives. Immediately following the occurrence of any such deadline, the
administrative office of the courts shall post on its web site a summary report of
all qualified applicants for the vacant position or positions. The summary report
shall include at least the name, county of residence and occupation of each
applicant. For a period of fourteen (14) days following the posting of the
summary report, the administrative office of the courts shall receive public
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comments from interested persons and organizations. At the conclusion of the

period for public comments, the application forms and corresponding public
comments shall be forwarded to the appropriate speaker or speakers for
consideration and action. Within fourteen (14) days following receipt of such
information, the speaker or speakers shall make the required appointments from
the pool of qualified applicants. However, for good cause, either speaker may fill
a vacancy by appointing a qualified person not included within such pool of
applicants if the speaker provides written notice to the administrative office of the
courts stating the reasons for appointing a person not included within such pool
of applicants.
17-4-103.
(a) Each member of the judicial nominating commission shall be a citizen
of the United States, shall be at least thirty (30) years of age, and shall have
been a citizen of this state for at least five (5) years immediately prior to
appointment. Any member appointed from one (1) of the state's grand divisions
shall have been a resident of that grand division for at least one (1) year
immediately prior to appointment.
(b) Each attorney member shall be duly licensed to practice by the
Tennessee supreme court.
17-4-104.
(a) No member of the judicial nominating commission shall be a salaried
office holder of the state of Tennessee or the United States, nor shall any
member of the commission hold any office in any political party or political
organization; provided, that members of the national guard and members of any
armed forces reserve organization, any district attorney general or an employee
of a district attorney general, or any district public defender or an employee of a
district public defender shall not be considered as salaried office holders.

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(b) Any member of the judicial nominating commission who becomes a

salaried office holder of the state of Tennessee or the United States or who
accepts any office in any political party or political organization ipso facto vacates
the member's office as a member of the commission.
(c) No member of the judicial nominating commission shall be a
registered lobbyist in this state. Any member of the commission who becomes a
registered lobbyist in this state ipso facto vacates the member's office as a
member of this commission.
17-4-105.
(a) The term of office of each member of the judicial nominating
commission shall begin on July 1, 2009.
(b)
(1) As soon as practicable after July 1, 2009, the judicial
nominating commission shall meet in an organizational session convened
by the chief justice of the supreme court.
(2) At the first organizational meeting, the chief justice shall
preside as temporary chair, and a permanent chair shall be elected from
the membership of the commission.
(3) If the chief justice is unable to convene the commission or
serve as temporary chair, the chief justice may designate another
member of the supreme court to so serve.
(c) The commission may elect such other officers as it deems necessary
and proper, and may adopt and from time to time amend bylaws and rules of
procedure for the conduct of its business and discharge of its duties.
(d) The commission may employ such secretarial and clerical assistance
as it deems necessary
17-4-106.

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(a) Except as otherwise provided in 17-4-102(b) or 17-4-107(a), the

term of a member of the judicial nominating commission shall be six (6) years.
(b) No member shall be eligible for reappointment for a successive term,
unless the member's previous appointment was for an initial or partial term of
twenty-four (24) months or less.
17-4-107.
(a) A vacancy on the judicial nominating commission shall be filled in the
same manner as the original appointment for the remainder of the unexpired
term.
(b) Any member of the judicial nominating commission, who misses four
(4) meetings of the commission during the member's term of office, ipso facto
vacates the member's office as a member of the commission.
17-4-108.
(a) Members of the judicial nominating commission and judicial
performance evaluation commission shall not receive any compensation for their
services but shall be reimbursed for their official travel expenses pursuant to
policies and guidelines promulgated by the supreme court.
(b) Subject to budgetary restrictions, the administrative office of the
courts shall pay or reimburse the necessary expenses authorized or incurred by
the judicial nominating commission and the judicial performance evaluation
commission in the performance of the duties pursuant to policies and guidelines
promulgated by the supreme court.
17-4-109.
(a)
(1) If a vacancy occurs during the term of office of a judge of the
court of appeals or court of criminal appeals, then the judicial nominating
commission shall, at the earliest practicable date, hold a public meeting in
the grand division from which such vacancy is to be filled. However, if an
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incumbent judge fails to file a written declaration of candidacy required by

17-4-114 or 17-4-115, or if the commission is reliably informed that a
vacancy is impending for another reason, then the public meeting may be
held prior to actual occurrence of the vacancy.
(2) If a vacancy occurs during the term of office of a judge of the
supreme court, then the judicial nominating commission shall, at the
earliest practicable date, hold a public meeting in Nashville. However, if
an incumbent judge fails to file a written declaration of candidacy as
required by 17-4-114 or 17-4-115, or if the commission is reliably
informed that a vacancy is impending for another reason, then the public
meeting may be held prior to actual occurrence of the vacancy.
(b) Notice of the time, place and purpose of the meeting shall be given by
newspapers, radio news, and television news and by such other means as the
commission deems proper.
(c) Any citizen, attorney or non-attorney, shall be entitled to attend the
meeting and express orally or in writing such citizen's approval of or objections to
any suggested nominee for the judicial vacancy. Any licensed attorney may
appear and make a statement, oral or written, in support of such attorney's own
nomination.
(d) After one (1) public hearing, the commission may hold such additional
private interviews with the candidates as it deems necessary. The commission
shall make independent investigation and inquiry to determine the qualifications
of possible nominees for the judicial vacancy and shall endeavor to encourage
qualified attorneys to accept nomination and agree to serve if appointed to the
judicial vacancy. Once the private interviews with candidates have concluded,
the commission shall conduct its deliberations in public. The Tennessee bureau
of investigation Level II security clearance as to nominees shall be performed
exclusively at the direction of the governor, acting pursuant to 17-4-112(a)(2).
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(e) As soon as practicable, and no later than sixty (60) days from receipt
of written notice from the governor that a vacancy has occurred, the commission,
with the assent of a majority of all the members to which it is entitled under 174-102(a), shall select three (3) persons whom the commission deems best
qualified and available to fill the vacancy and shall certify the names of the three
(3) persons to the governor as nominees for the judicial vacancy. However, if an
incumbent judge fails to file a written declaration of candidacy as required by
17-4-114 or 17-4-115, or if the commission is reliably informed that a vacancy
is impending for any other reason, then the commission may meet, select such
persons and certify the names of such nominees to the governor prior to actual
receipt of written notice from the governor that a vacancy has occurred.
(f) The judicial nominating commission, in compiling its list of nominees
for a supreme court position, shall ensure that the requirements of Article VI, 2,
of the Tennessee Constitution are satisfied.
17-4-110.
(a) All nominees of the judicial nominating commission must be attorneys
who are duly licensed to practice law in the state of Tennessee and who are fully
qualified under the constitution and statutes of Tennessee to fill the office for
which they are nominated.
(b) A candidate who has been defeated in any election held under this
chapter is not eligible for renomination to the office for which the candidate was
defeated until after one (1) regular August election has occurred.
17-4-111. A member of the judicial nominating commission is not eligible to be
nominated by the commission during the member's tenure and the two-year period
immediately following conclusion of the member's service on the commission.
17-4-112.
(a)

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(1) When a vacancy occurs in the office of an appellate court after

July 1, 2009, by death, resignation or otherwise, the governor shall fill the
vacancy by appointing one (1) of the three (3) persons nominated by the
judicial nominating commission, or the governor may require the
commission to submit one (1) other panel of three (3) additional
nominees. Within sixty (60) days following receipt of the additional panel
of nominees, the governor shall fill the vacancy by appointing any one (1)
of the six (6) nominees certified by the commission; or, alternatively, for
good cause, the governor may reject both panels and fill the vacancy by
appointing another qualified person who was considered by the
commission as a possible nominee for the judicial vacancy but whose
name was not included on either panel submitted to the governor. If the
governor rejects both panels, then the governor must provide written
notice to the judicial nominating commission stating the reasons for
rejection of the panels.
(2) After receiving the commission's panel or panels of nominees,
but prior to making an appointment pursuant to subdivision (a)(1), or prior
to making an appointment pursuant to 17-4-113, the governor shall
direct the Tennessee bureau of investigation or other appropriate
agencies to perform appropriate financial and criminal background
investigations and inquiries of the prospective appointees, and the
governor shall review and assess the results thereof.
(b) The term of a judge appointed under this section shall expire on
August 31 after the next regular August election occurring more than thirty (30)
days after the vacancy occurs.
17-4-113.
(a) If the judicial nominating commission does not furnish a list of three
(3) nominees to the governor within sixty (60) days after receipt of written notice
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from the governor that a vacancy has occurred, then the governor may fill the
vacancy by appointing any person who is duly licensed to practice in the state of
Tennessee and who is fully qualified under the constitution and statutes of
Tennessee to fill the office.
(b) The term of a judge appointed under this section shall expire on
August 31 after the next regular August election occurring more than thirty (30)
days after the vacancy occurs.
17-4-114.
(a)
(1) An incumbent appellate judge, who seeks election to fill the
unexpired term of the office to which the incumbent judge was appointed,
must qualify by filing with the state election commission a written
declaration of candidacy to fill the unexpired term. The declaration must
be filed not later than twelve o'clock (12:00) noon prevailing time on the
first Thursday in February before the next regular August election
occurring more than thirty (30) days after occurrence of the vacancy that
was filled by the incumbent appellate judge. After timely filing such
declaration, any request by the candidate to withdraw must be filed with
the state election commission not later than twelve o'clock (12:00) noon
prevailing time on the seventh day after the deadline for filing such
declaration of candidacy.
(2) An incumbent appellate judge, who seeks election to fill the
unexpired term of the office to which the incumbent judge was appointed
but who was appointed after the first Thursday in February before the
next regular August election occurring more than thirty (30) days after
occurrence of the vacancy that was filled by the incumbent judge, must
qualify by filing with the state election commission a written declaration of
candidacy to fill the unexpired term. The declaration must be filed not
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later than the first Thursday occurring at least one (1) full week after the
appointment. After timely filing such declaration, any request by the
candidate to withdraw must be filed with the state election commission
not later than twelve o'clock (12:00) noon prevailing time on the seventh
day after the deadline for filing such declaration of candidacy.
(3) Title 2, chapter 5, part 1, does not apply to an election in
which an incumbent appellate judge seeks election to fill the unexpired
term of the office to which the incumbent judge was appointed, unless a
contested election is required by subsection (c) or subdivision (d)(2).
(b)
(1) If the declaration of candidacy is timely filed, only the name of
the candidate, without party designation, shall be submitted to the
electorate in Tennessee in the regular August election. Each county
election commission of the state shall cause the following to be placed on
the ballot:
Shall (Name of Candidate) be retained or replaced in office as a
Judge of the (Name of the Court)?
_____ Retain
OR
_____ Replace.
(2) If the declaration of candidacy is not timely filed, then the
judicial performance evaluation commission shall not include an
evaluation or retention recommendation for the incumbent judge within
the final report publicly disclosed pursuant to 17-4-201(c), and the
judge's name shall not be submitted to the electorate.
(c) If the judicial performance evaluation commission makes a
recommendation "for replacement" of an incumbent appellate judge but the judge
nevertheless files or has filed the declaration of candidacy required by subsection
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(a), then the provisions of subdivision (b)(1) shall not be applicable and the
unexpired term shall be filled by means of a contested election conducted in
accordance with general election law set forth in title 2. If the judge's term of
office is abbreviated because of death, resignation or removal after the filing of
such declaration of candidacy but prior to the third Thursday in May preceding
the regular August general election, then the vacancy shall be filled in
accordance with 17-4-112 or 17-4-113, and no such contested election shall
be held. In accordance with 2-13-203, each political party may nominate a
candidate and independent candidates may qualify under the general election
law for the contested election which shall be the regular August election. After a
judge is elected under this subsection (c), the provisions of this chapter
concerning the evaluation and retention process shall again apply.
(d)
(1) If a majority of those voting on the question vote to retain the
candidate, then the candidate is duly elected to the office for the
remainder of the term of the predecessor and given a certificate of
election.
(2) If a majority or one half (1/2) of those voting on the question
vote to replace the candidate, then a vacancy exists in such office as of
September 1 following the regular August election. The governor shall fill
the vacancy in such office in accordance with 17-4-112 or 17-4-113;
however, at the next regular August general election, this office shall be
filled by means of a contested election conducted in accordance with
general election law set forth in title 2. In accordance with 2-13-203,
each political party may nominate a candidate and independent
candidates may qualify under the general election law for the contested
election. After the office is filled by contested election under this

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subdivision (d)(2), the provisions of this chapter concerning the evaluation

and retention process shall again apply to such office.
17-4-115.
(a)
(1) An incumbent appellate judge, who seeks election or reelection for a full eight-year term, must qualify by filing with the state
election commission a written declaration of candidacy. The declaration
must be filed not later than twelve o'clock (12:00) noon prevailing time on
the first Thursday in February immediately preceding the end of the term.
After timely filing such declaration, any request by the candidate to
withdraw must be filed with the state election commission not later than
twelve o'clock (12:00) noon prevailing time on the seventh day after the
deadline for filing such declaration of candidacy.
(2) An incumbent appellate judge, who seeks election for a full
eight-year term but who was appointed to such office after the first
Thursday in February before the next regular August election occurring
more than thirty (30) days after occurrence of the vacancy that was filled
by the incumbent appellate judge, must qualify by filing with the state
election commission a written declaration of candidacy. The declaration
must be filed not later than the first Thursday occurring at least one (1) full
week after the appointment. After timely filing such declaration, any
request by the candidate to withdraw must be filed with the state election
commission not later than twelve o'clock (12:00) noon prevailing time on
the seventh day after the deadline for filing such declaration of candidacy.
(3) Title 2, chapter 5, part 1, does not apply to an election in which
an incumbent appellate judge seeks election or reelection for a full eightyear term, unless a contested election is required by subsection (c) or
subdivision (d)(2).
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(b)
(1) If the declaration of candidacy is timely filed, only the name of
the candidate, without party designation, shall be submitted to the
electorate in Tennessee in the regular August election. Each county
election commission of the state shall cause the following to be placed on
the ballot:
Shall (Name of Candidate) be retained or replaced in office
as a Judge of the (Name of the Court)?
_____ Retain
OR
_____ Replace.
(2) If the declaration of candidacy is not timely filed, then the
judicial performance evaluation commission shall not include an
evaluation or retention recommendation for the incumbent judge within
the final report publicly disclosed pursuant to 17-4-201(c), and the
judge's name shall not be submitted to the electorate.
(c) If the judicial performance evaluation commission makes a
recommendation "for replacement" of an incumbent appellate judge but the judge
nevertheless files or has filed the declaration of candidacy required by subsection
(a), then subdivision (b)(1) shall not be applicable and the eight-year term shall
be filled by means of a contested election conducted in accordance with general
election law set forth in title 2. If the judge's term of office is abbreviated because
of death, resignation or removal after the filing of such declaration of candidacy
but prior to the third Thursday in May preceding the regular August general
election, then the vacancy shall be filled in accordance with 17-4-112 or 17-4113, and no such contested election shall be held. In accordance with 2-13203, each political party may nominate a candidate and independent candidates
may qualify under the general election law for the contested election which shall
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be the regular August election. After a judge is elected under this subsection (c),
the provisions of this chapter concerning the evaluation and retention process
shall again apply.
(d)
(1) If a majority of those voting on the question vote to retain the
candidate, then the candidate is duly elected to the office for a full eightyear term and given a certificate of election.
(2) If a majority or one half (1/2) of those voting on the question
vote to replace the candidate, then a vacancy exists in such office as of
September 1 following the regular August election. The governor shall fill
the vacancy in such office in accordance with 17-4-112 or 17-4-113;
however, at the next regular August general election, this office shall be
filled by means of a contested election conducted in accordance with
general election law set forth in title 2. In accordance with 2-13-203,
each political party may nominate a candidate and independent
candidates may qualify under the general election law for the contested
election. After the office is filled by contested election under this
subdivision (d)(2), the provisions of this chapter concerning the evaluation
and retention process shall again apply to such office.
17-4-116.
(a) If an incumbent appellate court judge, whether appointed or elected,
fails to file a declaration of candidacy for election to an unexpired term or to a full
eight-year term within the prescribed time, or if such judge withdraws as a
candidate after receiving a recommendation "for retention" from the judicial
performance evaluation commission and filing the required declaration of
candidacy, then a vacancy is created in the office upon expiration of the
incumbent's term effective September 1. In this event, the vacancy shall be filled
by the governor in accordance with 17-4-112 or 17-4-113. The appointment
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is subject to the action of the electorate in the next regular August election. The
appointee shall file a declaration of candidacy and be voted on as provided in
17-4-114 and 17-4-115.
(b) If the vacancy occurs more than thirty (30) days before the regular
August election preceding the end of the term, the appointee is subject to
election as provided in 17-4-114 and 17-4-115.
(c)
(1) If a majority of those voting on the question vote to retain the
candidate, then candidate is duly elected to the office for the remainder of
the unexpired term or a full eight-year term, as the case may be,
beginning September 1, and the candidate shall be given a certificate of
election.
(2) If a majority or one half (1/2) of those voting on the question
vote to replace the candidate, then a vacancy exists in such office as of
September 1 following the regular August election. The governor shall fill
the vacancy in such office in accordance with 17-4-112 or 17-4-113;
however, at the next regular August general election, this office shall be
filled by means of a contested election conducted in accordance with
general election law set forth in title 2. In accordance with 2-13-203,
each political party may nominate a candidate and independent
candidates may qualify under the general election law for the contested
election. After the office is filled by contested election under this
subdivision (c)(2), the provisions of this chapter concerning the evaluation
and retention process shall again apply to such office.
(d) If the vacancy occurs less than thirty-one (31) days before the regular
August election, the appointee shall not be voted on in such election and shall
take office on September 1. The term of office shall be as provided in 17-4112(b).
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 17-4-117. The administrative office of the courts shall keep and maintain all
records of the judicial nominating commission as well as furnishing such commission
with any other secretarial or clerical services or assistance it may require. It is further
the duty of such administrative office of the courts to notify all commission members of
the date, time and place of any commission meetings.
17-4-118.
(a) After July 1, 2009, when a vacancy occurs in the office of a state trial
court judge by death, resignation or otherwise, the governor shall fill the vacancy
by appointing one (1) of the three (3) persons nominated by the judicial
nominating commission.
(b) The term of a judge appointed under this section shall expire on
August 31 after the next regular August election recurring more than thirty (30)
days after the vacancy occurs.
(c) The judicial nominating commission shall follow the process
established in 17-4-109 except that the commission shall hold a public meeting
in the judicial district from which such vacancy is to be filled.
(d) If the judicial district is one (1) of the five (5) smallest judicial districts
according to the 2000 federal census or any subsequent federal census, the
judicial nominating commission may submit two (2) names to the governor.
(e) At the next regular August election recurring more than thirty (30)
days after the vacancy occurs, the qualified voters of the district shall elect a
candidate to fill the remainder of the unexpired term or a complete term, as
provided in the general election law in title 2.
SECTION 2. Tennessee Code Annotated, Section 17-4-201, is amended by deleting the
section in its entirety and substituting instead the following:
(a)
(1) By rule, the supreme court shall establish a judicial performance
evaluation program for appellate court judges. The purpose of the program shall
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be to assist the public in evaluating the performance of incumbent appellate court

judges. The judicial performance evaluation commission, established pursuant
to subsection (b), shall perform the required evaluations. The commission shall
make a recommendation either "for retention" or "for replacement" of each
appellate court judge; provided, that the commission shall not evaluate or make
any retention recommendation with regard to any appellate judge whose term of
office is abbreviated because of death, resignation or removal. Furthermore, the
commission shall not include within the final report, publicly disclosed pursuant to
subsection (c), an evaluation or retention recommendation for any appellate
judge whose term of office is abbreviated because of death, resignation or
removal or who fails to timely file a declaration of candidacy as required by 174-114(a) or 17-4-115(a), unless the judge is a candidate for another office
subject to evaluation under this section.
(2) If an incumbent appellate judge holds office for one (1) year or more
preceding the deadline for filing the required declaration of candidacy for either
an unexpired term or a full eight-year term, then evaluation procedures shall be
based on the results of any evaluations performed throughout the judge's service
on the appellate bench, evaluation surveys, personal information contained in an
approved self-reporting form and such other comments and documents as the
commission receives from any other reliable source. However, if an incumbent
judge holds office for less than one (1) year preceding such deadline, then
evaluation procedures shall be based on personal information contained in the
self-reporting form, the judge's application to the judicial nominating commission
and such other comments and documents as the commission receives from any
other reliable source.
(3) Information collected pursuant to subdivision (a)(2) shall be
confidential and shall be publicly disclosed only in the manner permitted by
subsection (c). Upon request, each member of the judicial performance
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evaluation commission shall be given complete access to any individual survey,

form, application, comment and document submitted, conveyed or compiled for
the purpose of judicial evaluation; however, each such member must protect the
confidentiality of such information as well as the anonymity of survey
respondents.
(4)
(A) At least thirty (30) days prior to the deadline for filing a
declaration of candidacy, required by 17-4-114(a)(1) or 17-4115(a)(1), the judicial performance evaluation commission shall provide
an incumbent appellate judge with a draft of the commission's evaluation
and shall provide the judge with a reasonable opportunity to comment or
respond either personally or in writing.
(B) As soon as is reasonably practicable under the
circumstances, but not less than three (3) days prior to the deadline for
filing a declaration of candidacy required by 17-4-114(a)(2) or 17-4115(a)(2), the judicial performance evaluation commission shall provide
an incumbent appellate judge with a draft of the commission's evaluation
and shall provide the judge with a reasonable opportunity to comment or
respond either personally or in writing.
(b)
(1) The judicial performance evaluation commission shall be composed
of nine (9) members.
(2) The judicial council shall appoint five (5) of the members, of whom
three (3) shall be state court judges, one (1) shall be an attorney and one (1)
shall be a non-attorney. No more than two (2) of those appointed shall reside in
the same grand division.

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(3) The speaker of the senate shall appoint one (1) attorney member and
one (1) non-attorney member. No more than one (1) of those appointed shall
reside in the same grand division.
(4) The speaker of the house of representatives shall appoint one (1)
attorney member and one (1) non-attorney member. No more than one (1) of
those appointed shall reside in the same grand division.
(5) The supreme court's evaluation procedure may permit the judicial
performance evaluation commission to perform an evaluation with less than the
full membership in panels, but the full commission shall approve the evaluation.
(6) The appointing authorities for the judicial performance evaluation
commission shall make appointments that approximate the population of the
state with respect to race and gender. In appointing attorneys to the
commission, the speakers shall receive, but shall not be bound by,
recommendations from any interested person or organization.
(7) To stagger the terms of judicial performance evaluation commission
members, beginning July 1, 2009, the three (3) non-attorney members on the
commission shall serve six-year transition terms; the three (3) state court judges
on the commission shall serve four-year transition terms; and the three (3)
attorney members on the commission shall serve two-year transition terms. At
the conclusion of the transition terms, each regular term of a commission
member shall be six (6) years. A vacancy on the commission shall be filled in the
same manner as the original appointment for the remainder of the unexpired
term.
(8) No commission member shall serve more than two (2) terms,
including any partial term.
(9) A member of the judicial performance evaluation commission is not
eligible to seek an appellate judgeship that becomes available as a result of, or

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related to, the commission's recommendation for replacement of an incumbent

appellate judge as set out in subsection (a).
(c)
(1) The judicial performance evaluation program shall require publication
and disclosure of a final report. The final report shall not include any individual
record or evaluation but may include, for each appellate judge, the individual final
scores for the survey results. The final report shall be made available for public
inspection on the first Thursday in March preceding the regular August election.
On the first Sunday in July preceding the regular August election, the final report
shall be published in a daily newspaper of general circulation in the Tri-Cities
area, Knoxville, Chattanooga, Nashville, Jackson and Memphis. The final report
for each appellate court judge may not exceed six hundred (600) words.
(2) As soon as is reasonably practicable under the circumstances, in
order to assist the public in electing the best qualified persons to the appellate
courts, the commission shall cause supplemental final reports to be published as
may be necessitated by the filing of declarations of candidacy, required by 174-114(a)(2) or 17-4-115(a)(2).
(d) The judicial performance evaluation program, including the public report and
the ballot information, shall apply to each appellate court judge who seeks to serve a
complete term after July 1, 2009.
SECTION 3. Tennessee Code Annotated, Title 17, Chapter 4, is amended by adding a
new section thereto:
The judicial nominating commission and the judicial performance evaluation
commission created by this act are the successors to the judicial selection commission
and the judicial evaluation commission respectively. All rules, procedures, records,
reports, functions and duties carried out by the prior commissions are hereby transferred
to the successor entities.

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SECTION 4. Tennessee Code Annotated, Section 4-29-233(a), is amended by adding

the following new appropriately designated subdivisions thereto:
(1) Judicial nominating commission, created by 17-4-102;
(2) Judicial performance evaluation commission, created by 17-4-201;
SECTION 5. Tennessee Code Annotated, Section 4-29-229(a) is amended by deleting
subdivisions (46) and (47).
SECTION 6. Section 5 of this act shall take effect on becoming law, the public welfare
requiring it. The remaining provisions of this act shall take effect July 1, 2009, the public welfare
requiring it.

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