Section 3 - Meetings of Investigative Panels(a) Meetings of Investigative Panels. Promptly upon receipt of a complaint or upon receipt of a report and recommendations from the disciplinary counsel, the investigative panel shall review the matter. Upon the call of any member of an investigative panel, or if panel decision is not unanimous with respect to a matter, the coordinator shall schedule a meeting of the investigative panel to review the matter(s). The meeting may be conducted in person or by telephone conference call, provided that if the meeting is conducted by telephone conference call, every member of the panel must be able to hear and to speak to every other member of the panel.(b) Initial Review of Complaint. Upon receipt of a complaint or file from the disciplinary counsel, an investigative panel shall review the matter and shall: (i) authorize a full investigation; or(ii) dismiss the complaint. The coordinator shall communicate the investigative panel's decision promptly in writing to the disciplinary counsel.
(c) Review after Full Investigation. When an investigative panel has authorized a full investigation of a complaint or matter, then promptly upon its receipt of the disciplinary counsel's report of the investigation and recommendation, the investigative panel shall review the report and recommendations and shall: (i) approve the recommendations of disciplinary counsel;(ii) modify the recommendations of disciplinary counsel; or(iii) disapprove the recommendations of disciplinary counsel.(d) Action of Investigative Panel After Investigation. After investigation and upon determining that there is probable cause to believe that a judge has committed a judicial offense, the investigative panel shall:(i) direct disciplinary counsel to file formal charges against the judge; or(ii) propose to the judge that the judge consent to a private admonition; or(iii) propose to the judge that the judge consent to a deferred disciplinary agreement (as defined in Tenn. Code Ann. § 17-5-301(g)).In the event the judge consents to the private admonition or deferred disciplinary agreement, then the private admonition or deferred disciplinary agreement shall be administered as set forth in Rule 7. In the event the judge does not consent to the private admonition or deferred disciplinary agreement, then the investigative panel shall direct disciplinary counsel either to file formal charges against the judge or to dismiss the complaint.
Tennessee Court of the Judiciary Rules 3