TBA Law Blog


Posted by: Brenda Gadd on Jan 14, 2016

The Conference Committee dealing with the implementation of new judicial confirmation procedures (SB1, HB142), today looked at four possible options for confirming Supreme Court and Intermediate Court appointments from the governor. With Governor Bill Haslam's appointment of Judge Roger Amos Page to fill the vacancy on the Supreme Court earlier this month, the clock is ticking on the 60-day time period given the General Assembly to confirm appointees under the Constitutional Amendment approved in 2014. 

The points of contention among legislators are whether one chamber has more power than the other and how confirmation or rejection is determined. The four options the legislators have on the table are below along with the concerns raised:

  1. House and Senate convene a session together and vote together (33 senators; 99 representatives; 132 total legislators). Confirmation requires a majority vote (67 yes votes). (Senators have big concerns that votes by senators would not be needed for confirmation to occur.)
  2. House and Senate convene a session together and Senate votes are weighted by a multiple of three to match house votes. (Representatives have big concerns about this as it gives Senate votes more meaning.)
  3. Confirmation of appointee occurs with a majority vote in the House and Senate whether the vote takes place in a session together or in respective chambers. If either chamber denies the appointment, the appointee is deemed rejected. (Concerns from House is that it gives Senate has more power as it would only take 17 members of the Senate to reject a House confirmed appointee.)
  4. Whether in session together or in respective chambers, a majority House and Senate vote confirms the appointee. In a scenario where the Senate and House differ in majority vote, the 60-day appointment clock continues ticking allowing either chamber time to reconsider its actions. If at the end of the 60-day period, if only one chamber has confirmed the appointment stands. (The same concern from the House is that it gives the Senate too much power.)

The next meeting of the conference committee is Jan. 19 at 8 a.m.