A recent article by Andrew Cohen highlights various bills from across the country in which lawmakers, either because they have forgotten or never really understood the reasoning behind three branches of government, are now attempting to encroach upon the independence of the judicial branch. Cohen highlights a bill from Tennessee that he claims is the most egregious that he has seen thus far.  Bill SB2322 would remove the Administrative Office of the Courts from Judicial oversight and place it under the Treasurer’s office, which falls within by the Executive branch. Thus the Tennessee Supreme Court would no longer “direct” this office but could only “urge” the executive branch to take action. The bill would shut down the judicial disciplinary board, now under the judiciary, and have them also report to the state Treasurer. This would occur only after the review board was stacked with appointees from by the executive and legislative branches. Judges would be prohibited from serving on this board.

Next this bill would dramatically affect death penalty proceedings. Judges would no longer be permitted discretion in vital judicial functions like extending deadlines for filings when necessary to ensure the constitutional rights of the defendant. And, to add insult to injury, lawyers representing indigent defendants would have to reimburse the state if they were found to have rendered ineffective assistance of counsel at trial, making it even more difficult to find court appointed attorneys for these defendants.

As Cohen highlights, not only would these measures but unconstitutional, but they will make the process far more flawed than it already is by rushing the process in ways that only create more room for error.

TADP will continue to monitor this legislation and update you on actions to take to stop it.

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