NASHVILLE (AP) - Tennessee is about to adopt a new method for disciplining judges that supporters say contains more accountability and should help restore the public's faith in the judicial system.
"We got a lot of things in it that we wanted," said state Sen. Mae Beavers. "I think it ended up being a fairly good piece of legislation. There's more accountability than there is at the present time."
The Mt. Juliet Republican has long been an outspoken critic of the Court of the Judiciary, which she said has dismissed too many citizen complaints against judges accused of serious misconduct.
The proposal that overwhelmingly passed both chambers of the Legislature and is being reviewed by the governor would terminate the court in July and replace it with a 16-member Board of Judicial Conduct that would have a similar mission of ensuring that judges are ethical and fit to serve on the bench.
The difference, however, is that it has new provisions to hold judges more accountable, such as making it more difficult to dismiss complaints against jurists.
Beavers and Court of Criminal Appeals Judge Jeff Bivins shared their opinions about the disciplinary panel at a February forum sponsored by the Tennessee Press Association and The Associated Press.
While they had their differences, they did agree there have been problems with the Court of the Judiciary.
Public records show that the court disposed of 334 complaints against judges last fiscal year, with the overwhelming majority dismissed. The panel issued nine public reprimands, six private reprimands and three deferred discipline agreements.
Beavers said she wanted fewer judges on the panel, but Bivins - who is also a member of the judicial disciplinary board - said it was necessary to have a majority of judges because the panel has to conduct hearings that are in compliance with legal rules. He also said it's customary for members of th e same profession to discipline their own, the way doctors, architects, pharmacists and others do.
"So, we're simply asking to be treated like the other professionals," Bivins said at the time.
That viewpoint ended up carrying the day in the Legislature. Of the 16 people on the new panel, 10 will be judges. There will be six non-judges. Of those, three will be lawyers and three will be lay persons.
The 10 judges will be appointed by judicial organizations, rather than by the Tennessee Supreme Court and the Tennessee Bar Association. The six who are not judges will be appointed by the governor and the speakers of the House and Senate, each having two appointees.
However, the bigger impact is expected to come from the way complaints are handled.
Under the old system, most complaints were dismissed by the court's disciplinary counsel selected by the judges on the Court of the Judiciary. The new system will have a three-member panel investigating eac h complaint, and its action will be reviewed by a six-member panel.
"The fact that the disciplinary counsel doesn't have the authority to dismiss cases on its own is very significant," said Sen. Mike Faulk, a Kingsport Republican and sponsor of the new plan.
"I think folks who have complaints with judges will perceive that they've had a fair shake when they file those complaints."
Under the proposal, the board must report four times a year to the chief clerk of each legislative chamber, information that includes "complaints opened, closed or pending" and "the number of complaints for which probable cause has been found."
Proponents of the new system say a current problem in Knox County underscores its need. Despite reports of complaints filed against him, many people didn't know former Knox County Criminal Court Judge Richard Baumgartner had a drug problem until he stepped down from the bench and pleaded guilty last year to a single count of official m isconduct.
A Tennessee Bureau of Investigation probe found the judge was buying pain pills from a man convicted in his drug court.
Now, another judge has tossed out the convictions for a high-profile murder case and two other trials in which Baumgartner ruled, and bids for new trials are pouring in from people convicted in Baumgartner's court.
When hearings were being held to discuss changes to the Court of the Judiciary, Janice Johnson helped organize witnesses to testify, many of whom she said were attorneys who "testified about judiciary retaliation when they tried to defend their client or tried to uphold the law."
Johnson, who calls herself a citizen activist, said she experienced firsthand the conduct of one judge. She said her attorney was trying to explain to him what the law says on a particular subject, when the judge interrupted the woman and said: "I decide what the law says."
"I had no idea they had so little accountability," Johnson said. "They're out of control."