16-21-107 - Duties of council.
16-21-107. Duties of council.
(a) It is the duty of the council to:
(1) Receive and consider suggestions from judges, chancellors, public officers, members of the bar and others as to remedies for faults in the administration of justice;
(2) Submit from time to time to the general assembly, the courts, the judges or any other officer or department, either upon the request of the general assembly, court, judge, officer or department, or upon the council's own motion, such suggestions or recommendations as it deems advisable for changes in rules, procedure or methods of administration, or upon any other matter pertaining to the judicial system;
(3) (A) Report annually, on or before December 31, to the general assembly, governor and the supreme court on the condition of business in the judicial department. The report shall be a public record, and the council shall file copies of the report with the clerk of the supreme court and make the report accessible to the bar and to the public generally;
(B) In accordance with subdivision (a)(4), the council shall also report its recommendation concerning any legislation proposing creation or reallocation of any judgeship, district attorney general, assistant district attorney general, public defender, assistant public defender or staff for any such offices. The legislation must be filed with the judicial council by August 12 prior to the legislative session in which a recommendation is required. The August 12 deadline may be waived if the chair of the judicial council, the chair of the judiciary committee of the senate and the chair of the judiciary committee of the house of representatives determine that, due to circumstances beyond the control of the sponsor, the legislation could not reasonably be filed by the deadline and that the legislation is necessitated by an emergency situation of sufficient importance to the judiciary that the interests of justice merit the waiver of the deadline; and
(4) (A) If legislation is introduced in the senate or house of representatives, or both, proposing creation or reallocation of a judgeship, district attorney general, assistant district attorney general, public defender, assistant public defender or staff for any such offices, then the legislation must be properly filed with the judicial council pursuant to subdivision (a)(3)(B) and must be referred to the appropriate standing committee. No action shall be taken on the proposed legislation by the standing committee until the council reports its recommendation as well as its analysis of the cost and impact of the legislation; provided, that if the council fails to comply with the deadline established within subdivision (a)(4)(D), then the standing committee may take action on the legislation without further delay;
(B) Recommendations of the judicial council regarding any bill referral made pursuant to subdivision (a)(4)(A) shall be consistent with the findings of the most recently published weighted caseload report of the comptroller of the treasury; provided, that if the council specifically determines that a particular judicial district possesses unique and material characteristics not evaluated and considered within the weighted caseload report, then the council's recommendations with respect to such district may deviate from the findings of the caseload report. If the council proposes alteration of the weighted caseload formula, then the proposal must be published within the report required by subdivision (a)(3)(A) and must be timely submitted to the speaker of the senate, the speaker of the house of representatives and the comptroller of the treasury in the proper form of a proposed legislative enactment;
(C) If, with respect to any legislation filed with the council pursuant to subdivision (a)(4)(A), the judicial council recommends passage of the legislation only with adoption of an amendment approved by a majority vote of the council, then the council must cause the amendment to be prepared in proper form and filed with the chief clerks of both houses of the general assembly. The chief clerks of both houses shall cause the recommended amendment to be reproduced and placed upon the desk of each member of the appropriate standing committee, and the standing committee shall not recommend the legislation for passage without first considering the amendment; provided, that if the council fails to comply with the deadline established within subdivision (a)(4)(D), then the standing committee may take action on the legislation without further delay;
(D) Recommendations, with regard to any legislation filed with the judicial council pursuant to subdivision (a)(4)(A), must be reported to the appropriate standing committee no later than five (5) weeks after the later of the dates established by the house of representatives or the senate for cutting off the introduction of new bills;
(E) The judicial council may review and comment on any proposed legislation not required to be filed with the council pursuant to subdivision (a)(4)(A), if the proposed legislation is referred to the council by the chair of any standing committee of either house or by either prime sponsor of the proposed legislation. The chair making the referral shall immediately notify the prime sponsors of the referral and the council shall not review and comment on proposed legislation until the prime sponsors have been notified. The comments of the council shall not include recommendations for or against passage of the proposed legislation but shall describe the potential effects of the proposed legislation on the judicial system and its operation and any other information or suggestions that the council may think helpful to the sponsors, the standing committees or the general assembly. The standing committees and the general assembly are not required to delay action on the proposed legislation pending review and comment by the council.
(b) (1) The judicial council is vested with the authority and power to remove for sufficient cause any person from the office of district public defender, assistant district public defender or district investigator after notice and a hearing at which the person shall be entitled to counsel and to testify and present witnesses and other evidence. The council has the power to subpoena and enforce the attendance of witnesses; and
(2) Any order of removal is reviewable by the supreme court of Tennessee by certiorari, and any judge of the supreme court has the right to require by certiorari the removal to that court for review of any case in which the judicial council has made a final order removing an official named in subdivision (b)(1). Upon writ of certiorari being granted, the full proceedings before the council shall be transcribed by the reporter taking the proceedings and certified by the reporter and the council chair and filed in the supreme court, and the transcription shall constitute the entire record to be filed and reviewed by the supreme court.
[Acts 1943, ch. 130, § 5; C. Supp. 1950, § 738.6 (Williams, § 738.9); T.C.A. (orig. ed.), § 16-907; Acts 1986, ch. 909, § 4; 1989, ch. 588, §§ 9, 10; 1990, ch. 751, § 4; 1990, ch. 1024, § 16; 1992, ch. 966, § 1; 1993, ch. 65, § 4; 1994, ch. 686, § 2; 1994, ch. 1005, §§ 2, 3; 1995, ch. 326, § 1; 1999, ch. 311, §§ 1, 2; 2001, ch. 408, §§ 6, 7; 2003, ch. 399, § 5; 2004, ch. 756, § 1.]