State Sen. Randy McNally, R-Oak Ridge, has asked the Board of Judicial Conduct to investigate whether two Nashville judges had “too close a relationship” with a lawyer involved in getting a client released from jail without spending a 12-hour “cooling off” period after he was charged with domestic assault. McNally told Humphrey on the Hill that he decided to contact the board after reading newspaper reports that General Sessions Judge Casey Moreland and Night Commissioner Thomas Nelson both waived the requirement in two separate instances at the request of lawyer Brian Lewis. Download McNally's letter to the board. A story in yesterday's Tennessean digs deeper into the connections between Lewis and Moreland.

With the announcement from 30th Judicial District Circuit Court Judge Kay Spalding Robilio that she will retire on Sept. 1, the Board of Judicial Conduct has withdrawn and dismissed formal charges that were filed against her on May 14. The charges alleged that Robilio independently investigated facts regarding a post-divorce child custody case by making a personal visit to the home of the father and later using her observations to make rulings in the case. The order dismissing the charges, filed July 29, also stipulates that any and all additional complaints that may be filed against Robilio will “not be considered or pursued” so long she does not become a judicial candidate or accept a judicial appointment. The Commercial Appeal has more on the story.

The Tennessee Board of Judicial Conduct has filed formal charges against 30th Judicial District Circuit Court Judge Kay Spalding Robilio for alleged misconduct in a domestic relations case, WMC-TV reports. According to the court's six-page complaint filed May 14, Robilio independently investigated facts regarding a post-divorce child custody case. The board alleges that in February 2012, Robilio conducted an independent investigation of a residence by making a personal visit to the home. In the complaint, chief disciplinary counsel Tim Discenza writes that "A judge shall not initiate, permit ... or consider other communications made to the judge outside of the presence of the parties concerning a pending or impeding proceeding.” Robilio has 30 days to respond.

The Tennessee Board of Judicial Conduct has issued a public reprimand to Rhea County General Sessions Judge James McKenzie based on two incidents in late 2012. One incident concerned comments made about an attorney appearing in McKenzie’s courtroom, while another involved comments made in the presence of a courtroom employee’s spouse and others outside the courtroom. The board determined that this conduct violated Rule 1.2 of Canon 1 of the Code of Judicial Conduct.

The Tennessee Board of Judicial Conduct has issued a public censure and public reprimand to Third Judicial District Circuit Court Judge John K. Wilson. The board reports that the censure is a result of Wilson’s conduct at a 2011 deposition as well as his failure to abide by a resolution and agreement previously reached with the Court of the Judiciary (the board’s predecessor organization). The reprimand was due to an improper ex parte hearing and improper ex parte relief granted with respect to a petition to modify a permanent parenting plan. A public censure requires Wilson to personally appear before the board, which will meet next in August. Read more or download the censure and reprimand.

Polk County General Sessions Judge Billy D. Baliles was issued a public reprimand from the Board of Judicial Conduct in response to a complaint filed by Jeff S. Patterson. The complaint and subsequent investigation found that Baliles issued an order altering child custody without engaging in proper procedural elements of a petition or hearing. Judge Baliles also engaged in a telephone conversation with the child’s grandfather that was an impermissible contact. Download the public notice.

Circuit Court Judge Michael Sharp explained the role of the Board of Judicial Conduct to the Bradley County Bar Association this week, the Cleveland Daily Banner reports. In July the General Assembly created the board to replace the Court of the Judiciary in handling complaints against Tennessee judges. “There have been several complaints that went unanswered from the public’s perspective.” Sharp said. “Legislators began to look into that and decided there had to be more transparency.”

The Administrative Office of the Courts today released the full list of those named to the new Board of Judicial Conduct, which replaces the Court of the Judiciary. All terms run through June 30, 2015. The group held its first organizational meeting on Saturday. Officers are Criminal Court Judge Chris Craft, chair; Circuit Court Judge Timothy L. Easter, vice chair; Court of Criminal Appeals Judge Jeffrey S. Bivins, General Assembly liason; and attorney Thomas Lawless, secretary. Other members are:

• Miles Burdine, president & CEO, Kingsport Area Chamber of Commerce
• General Sessions Judge Angelita Blackshear Dalton
• Circuit Court Judge Timothy L. Easter
• Judge Joe F. Fowlkes
• Attorney Robert T. “Tas” Gardner
• J. Ronald Hickman
• Chris A. Hodges
• Court of Appeals Judge Holly M. Kirby
• General Sessions Judge Christy R. Little
• General Sessions/Juvenile Judge Larry J. Logan
• Circuit Court Judge J. Michael Sharp
• General Sessions Judge Dwight E. Stokes
• Attorney David Wedekind

The Court of the Judiciary, now Board of Judicial Conduct, has issued a public reprimand against Judicial District 19 Circuit Court Judge John Gasaway, in response to a complaint filed against the judge. The reprimand came about after Gasaway published an order in response to a motion to recuse in cases involving attorneys who had recently left the law practice where his wife worked. "A significant dispute" had arisen between his wife and the attorney, the reprimand says, and that conclusions drawn by the judge were not obtained through any hearing. The publication of the order without a hearing was in violation of Canon 2 of the Code of Judicial Conduct. Download the reprimand