Tennessee Code Annotated

Tenn. Code Ann. § 17-5-308 (2026)

Dismissal of charges or imposition of sanctions - Findings and judgment - Moot removal recommendation

✓ current as of May 2026

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(a) The board, acting through the hearing panel, may dismiss the charges or impose any sanction authorized in § 17-5-301(f)(1) at the conclusion of the hearing.

(b) The board shall issue a formal finding of fact and opinion within thirty (30) days of the conclusion of the hearing regardless of the sanction imposed. The hearing panel may make a written request to the chair of the board for an extension of time within which to file its findings and judgment. If the hearing panel does not submit its findings and judgment within thirty (30) days, the disciplinary counsel shall report the failure to submit such findings and judgment to the board, which may take any action it deems necessary to secure the submission of the information. The failure of the hearing panel to meet the deadline is not grounds for dismissal of the formal charges.

(c) If the board recommends the removal of a judge from office and by reason of resignation, death, or retirement, the board determines that its recommendation is moot, its formal opinion shall so state. For purposes of this subsection (c), the board's removal recommendation shall be considered moot only if the board determines there is no further punitive action the general assembly could take against the judge.

(d) The board shall notify the complainant of the results of the hearing, by mailing a copy of the hearing panel's findings and judgment and a copy of the board's formal finding of fact and opinion and any sanction imposed.

Amended by 2023 Tenn. Acts, ch. 273, s 1, eff. 4/28/2023.

Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.

Acts 1979, ch. 356, § 18; T.C.A., § 17-818; Acts 1995, ch. 208, § 14; 2002, ch. 564, § 11; 2012 , ch. 819, § 4.

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: In Re Bell, 344 S.W.3d 304 (Tenn. 2011).

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In Re Bell, 344 S.W.3d 304 (Tenn. 2011). · cites it 2× “Tenn.Code Ann. § 17-5-308(d) (2009). We review the Court of the Judiciary’s findings and conclusions de novo on the record made before that court.”

— Tenn. Code Ann. § 17-5-308(d) — 1 case

In Re Bell, 344 S.W.3d 304 (Tenn. 2011). “Tenn.Code Ann. § 17-5-308(d) (2009). We review the Court of the Judiciary’s findings and conclusions de novo on the record made before that court.”

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