Push to Overhaul Court of Judiciary Could Portend Broader Fight

While a state lawmaker continues her push to overhaul the board that disciplines judges in Tennessee, the stage could be set for a broader conflict over that judicial body.

John Jay Hooker speaks Wednesday before members the ad hoc committee on the Court of the Judiciary.

State Senator Mae Beavers says next year she’ll bring an updated proposal to rework the Court of the Judiciary. That’s the state ethics board meant to keep judges in line, right now made up mostly of judges and lawyers. Beavers wants to shrink the board and add more members from outside the legal world.

Depending what form the overhaul takes, that might not be a problem, says Jeff Bivins, a judge sworn to the state criminal court of appeals last week.

“In fact, we’re not opposed to some type of reconstitution of the body and adjusting the numbers. We do think there still ought to be more judges on there than other folks, because that’s consistent with every other professional board in the state.”

Some say letting the legislature have too much control could breach the separation of powers between it and the court system. Bivins thinks that’s a stretch, but says it’d ultimately be up to Tennessee’s supreme court.

Meanwhile Beavers points out the judicial disciplinary board was created by the legislature. She says next year lawmakers will have a choice over whether to renew the law that created it, or allow the board to expire.