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Terms Used In Tennessee Code 17-5-202

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) By the twentieth day of each month, the board shall compile and transmit to the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate a report containing at least the following information for the previous month:

(A) The number and category of complaints opened;
(B) The number and category of complaints closed; and
(C) The disposition of the complaints closed by category.
(2) The monthly report must also contain a cumulative, year-to-date total for the complaints reported in subdivisions (a)(1)(A)-(C).
(b) By the twentieth day of January, April, July, and October of each year, the board shall compile and transmit to the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate a report containing at least the following information for the prior three-month period:

(1) The number of complaints opened;
(2) The number of complaints closed;
(3) The disposition of complaints closed;
(4) The number of complaints pending;
(5) The number of complaints for which probable cause has been found;
(6) The number of complaints for which formal charges have been filed based on a recommendation by an investigative panel, including the nature of the charge, the names of the complainant or complainants, and the judge against whom the complaint is filed;
(7) The nature of any complaint filed according to the following categories:

(A) Failure to comply with the law;
(B) Bias, prejudice, and unfairness;
(C) Discourtesy;
(D) Abuse of office;
(E) Delay;
(F) Ex parte communication;
(G) Disability;
(H) Political violation;
(I) Recusal; and
(J) Miscellaneous;
(8) The type of judge against whom a complaint is filed by category; and
(9) A list of votes taken by each board member as follows:

(A) The member’s name;
(B) The number of times the member voted to dismiss a complaint while on an investigative panel; and
(C) The number of times the member voted to authorize an investigation while on an investigative panel.
(c) The quarterly reports must contain a cumulative, year-to-date total of the information compiled in subsection (b).
(d) The October report must also contain a five-year statistical comparison of the prior five (5) fiscal years for the same categories.
(e) The board shall promulgate rules to establish a formal records retention policy and shall review the policy on an annual basis to determine if changes should be made. Such rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
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