Tennessee 2025-2026 Regular Session

Tennessee House Bill HJR0176 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2		<BillNo> <Sponsor>
3	3
4	4		HOUSE JOINT RESOLUTION 176
5		-	By ~~Vaughan~~
	5	+	By Cochran
6	6
7	7
8	8		HJR0176
9	9		003391
10	10		- 1 -
11	11
12	12		A RESOLUTION to appoint a committee to authorize the
13	13		Speakers of the Senate and House of
14	14		Representatives to appoint a committee to
15	15		consider the removal of Steven J. Mulroy from
16	16		the office of District Attorney General for the
17	17		Thirtieth Judicial District.
18	18
19	19		WHEREAS, Article II, Section 1 of the Constitution of Tennessee states that "[t]he
20	20		powers of the Government shall be divided into three distinct departments: the Legislative,
21	21		Executive, and Judicial"; and
22	22		WHEREAS, Article II, Section 3 of the Constitution of Tennessee provides that "[t]he
23	23		Legislative authority of this State shall be vested in a General Assembly"; and
24	24		WHEREAS, Article VI, Section 6 of the Constitution of Tennessee sets out a process by
25	25		which the General Assembly may remove an Attorney for the State from office for cause by a
26	26		concurrent two-thirds (2/3) vote of both Houses of the General Assembly, each House voting
27	27		separately; and
28	28		WHEREAS, Steven J. Mulroy is a duly elected District Attorney General for the Thirtieth
29	29		Judicial District; and
30	30		WHEREAS, General Mulroy has committed serious ethical violations and abused his
31	31		authority by pursuing a personal and partisan agenda in violation of State law and his oath of
32	32		office, the General Assembly finds it necessary to commence proceedings for the removal of
33	33		Steven J. Mulroy from office as District Attorney General of the Thirtieth Judicial District for the
34	34		following causes:
35	35		(1) Participating in the illegal commutation of a criminal sentence, which is the
36	36		subject of an ongoing investigation by the Board of Professional Responsibility;
37	37
38	38
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40	40
41	41		(2) Mismanagement of the office of District Attorney General, including in
42	42		employment practices and fiscal irresponsibility;
43	43		(3) Failure to uphold and respect the rights guaranteed to victims of crime by
44	44		Article I, Section 35 of the Constitution of Tennessee; and
45	45		(4) Abuses of discretion that infringe on the legislative authority of the General
46	46		Assembly resulting in a violation of the separation of powers required by Article II,
47	47		Section 2 of the Constitution of Tennessee; and
48	48		WHEREAS, the Tennessee Supreme Court has held in McCully v. State, 102 Tenn. 509
49	49		(1899) that Article VI, Section 6 of the Constitution of Tennessee guarantees General Mulroy a
50	50		right to be heard on the causes alleged for removal from office as District Attorney General of
51	51		the Thirtieth Judicial District; and
52	52		WHEREAS, the Tennessee Supreme Court noted in In re Murphy, 726 S.W.2d 509
53	53		(Tenn. 1987) that a removal under Article VI, Section 6 of the Constitution of Tennessee could
54	54		be affected after notice and hearing; and
55	55		WHEREAS, the Tennessee Attorney General and Reporter has opined that "an
56	56		individual accepts a public office subject to any conditions placed on that office, including
57	57		conditions for removal" (Tenn. Op. Atty Gen. 90-27 (1990)) and an office is a species of property
58	58		in which the officer has property rights as noted by the Tennessee Supreme Court in State v.
59	59		Blazer, 619 S.W.2d 370 (Tenn.1981); and
60	60		WHEREAS, although a property right is defined by State law and State law permits
61	61		removal from office for cause, the removal must be done in compliance with the constitutional
62	62		mandates of due process (Tenn. Op. Atty Gen. 93-21 (1993)), and the concept of due process
63	63		is a flexible one which "calls for such procedural protections as the particular situation
64	64		demands". Mathews v. Eldridge, 424 U.S. 319, 334 (1976), quoting Morrissey v. Brewer, 408
65	65		U.S. 471, 481 (1972); and
66	66
67	67
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69	69
70	70		WHEREAS, in order to commence removal proceedings and provide General Mulroy
71	71		with procedural due process, the Speaker of the House of Representatives shall appoint five (5)
72	72		members of the House of Representatives to meet jointly with a like number of Senators to be
73	73		appointed by the Speaker of the Senate; and
74	74		WHEREAS, the joint committee shall have all powers conferred upon standing or select
75	75		committees of the House of Representatives by Tennessee Code Annotated, Title 3, including,
76	76		but not limited to, the power to issue subpoenas, including subpoenas duces tecum, to enforce
77	77		the attendance of witnesses and the production of any records, documents, papers, or other
78	78		items of evidence; and
79	79		WHEREAS, the joint committee shall be convened by the member with the most
80	80		continuous service at which time it shall elect such officers as are deemed appropriate; and
81	81		WHEREAS, the joint committee shall meet and consider the causes specified in this
82	82		resolution, or consider additional causes not contained herein, and determine if the causes
83	83		warrant a due process hearing on the removal of General Mulroy; and
84	84		WHEREAS, if the joint committee determines a due process hearing is in order, it shall
85	85		establish the rules and procedures to be utilized at the hearing, the parameters of the hearing,
86	86		the date, time, and place of the hearing, and the extent, if any, to which witnesses will be heard
87	87		and evidence received; and
88	88		WHEREAS, the joint committee shall provide General Mulroy with written notice of the
89	89		date, time, and place of any hearing at least ten (10) days prior to the hearing; and
90	90		WHEREAS, at the conclusion of the hearing, if one is conducted, the joint committee
91	91		shall vote "for recommending removal" or "against recommending removal" as to each cause
92	92		presented against General Mulroy at the hearing and the committee may vote "for
93	93		recommending removal" based on the cumulative effect of all the causes presented even
94	94
95	95
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97	97
98	98		though they vote "against recommending removal" as to one (1) or more of the individual
99	99		causes; and
100	100		WHEREAS, within ten (10) days from the date the committee has voted and concluded
101	101		its hearing, the committee shall make and file its report with the respective speakers, who shall
102	102		forthwith convene a joint convention of the General Assembly for the purpose of acting upon the
103	103		report of the joint committee. Consideration before the joint convention shall be limited to the
104	104		record; but oral argument will be permitted; and
105	105		WHEREAS, upon the conclusion of the argument, the joint convention shall adjourn and
106	106		each house shall repair to its respective chamber, and vote separately, in the manner
107	107		prescribed in Article VI, Section 6 of the Constitution of Tennessee. Each house shall vote "for"
108	108		or "against" removal of Steven J. Mulroy as to each cause for which the joint committee
109	109		recommended removal. Any member, by a motion properly seconded, may call for a vote of the
110	110		member's respective House on any cause considered by the joint committee but for which such
111	111		committee recommended "against" removal. In the event two-thirds (2/3) of the members to
112	112		which one (1) House may be entitled vote to remove Steven J. Mulroy for a cause which the
113	113		joint committee recommended "against removal," the vote and the cause receiving such two-
114	114		thirds (2/3) vote shall be transmitted forthwith to the other House which shall then vote on it as if
115	115		the cause was one recommended "for removal" by the joint committee; and
116	116		WHEREAS, if two-thirds (2/3) of the members to which each House is entitled vote for
117	117		removal on one (1) or more of the causes alleged then the district attorney general is removed
118	118		from office and the votes shall be entered in the journals as required by Article VI, Section 6 of
119	119		the Constitution of Tennessee; now, therefore,
120	120		BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED
121	121		FOURTEENTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE
122	122		CONCURRING, that the Speaker of the House of Representatives shall appoint a committee of
123	123
124	124
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126	126
127	127		five (5) members of the House of Representatives to meet with a like number of Senators to be
128	128		appointed by the Speaker of the Senate pursuant to a similar Senate Resolution to meet and
129	129		determine if cause exists to conduct a hearing on the removal of Steven J. Mulroy from the
130	130		position of District Attorney General of the Thirtieth Judicial District.
131	131		BE IT FURTHER RESOLVED, that the joint committee shall be convened by the
132	132		member with the most continuous service at which time the committee shall elect such officers
133	133		as are deemed appropriate.
134	134		BE IT FURTHER RESOLVED, that the joint committee shall have all powers conferred
135	135		upon standing or select committees of the House of Representatives by Tennessee Code
136	136		Annotated, Title 3, including, but not limited to, the power to issue subpoenas, including
137	137		subpoenas duces tecum, to enforce the attendance of witnesses and the production of any
138	138		records, documents, papers, or other items of evidence.
139	139		BE IT FURTHER RESOLVED, that the joint committee shall meet and consider the
140	140		causes specified in this resolution, or consider additional causes not contained herein, and
141	141		determine if the causes warrant a due process hearing on the removal of Steven J. Mulroy as
142	142		District Attorney General of the Thirtieth Judicial District.
143	143		BE IT FURTHER RESOLVED, that if the joint committee determines that a due process
144	144		hearing is in order, the joint committee shall establish the rules and procedures to be utilized at
145	145		the hearing; the parameters of the hearing; the date, time, and place of the hearing; and the
146	146		extent, if any, to which witnesses will be heard and evidence received.
147	147		BE IT FURTHER RESOLVED, that the joint committee shall provide General Mulroy with
148	148		written notice of the date, time, and place of any hearing at least ten (10) days prior to the
149	149		hearing.
150	150		BE IT FURTHER RESOLVED, that at the conclusion of the hearing, if one is held, the
151	151		joint committee shall vote "for recommending removal" or "against recommending removal" as
152	152
153	153
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155	155
156	156		to each cause presented against General Mulroy at the hearing and the committee may vote
157	157		"for recommending removal" based on the cumulative effect of all the causes presented even
158	158		though they vote "against recommending removal" as to one (1) or more of the individual
159	159		causes.
160	160		BE IT FURTHER RESOLVED, that within ten (10) days from the date the committee has
161	161		voted and concluded its hearing, the committee shall make and file its report with the respective
162	162		speakers.
163	163		BE IT FURTHER RESOLVED, that a signed and certified copy of this resolution be
164	164		transmitted to Steven J. Mulroy ten (10) days before the committee appointed pursuant to this
165	165		resolution, and the similar Senate resolution, conducts a hearing to consider his removal from
166	166		office as District Attorney General of the Thirtieth Judicial District pursuant to Article VI, Section
167	167		6 of the Constitution of Tennessee.
168	168		BE IT FURTHER RESOLVED, that this resolution and the similar Senate resolution
169	169		serve as notice to General Mulroy of the General Assembly's intention to remove him from the
170	170		office of District Attorney General of the Thirtieth Judicial District for cause; provided that if the
171	171		joint committee appointed pursuant to this resolution, and the similar Senate resolution,
172	172		determines it is necessary to consider any cause not contained herein, the joint committee shall
173	173		provide General Mulroy with notice of any additional cause not contained herein at least ten (10)
174	174		days before the committee conducts a hearing to consider him removal from office as District
175	175		Attorney General of the Thirtieth Judicial District pursuant to Article VI, Section 6 of the
176	176		Constitution of Tennessee.