<BillNo> <Sponsor>
HOUSE JOINT RESOLUTION 176
By Vaughan
HJR0176
003391
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A RESOLUTION to appoint a committee to authorize the
Speakers of the Senate and House of
Representatives to appoint a committee to
consider the removal of Steven J. Mulroy from
the office of District Attorney General for the
Thirtieth Judicial District.
WHEREAS, Article II, Section 1 of the Constitution of Tennessee states that "[t]he
powers of the Government shall be divided into three distinct departments: the Legislative,
Executive, and Judicial"; and
WHEREAS, Article II, Section 3 of the Constitution of Tennessee provides that "[t]he
Legislative authority of this State shall be vested in a General Assembly"; and
WHEREAS, Article VI, Section 6 of the Constitution of Tennessee sets out a process by
which the General Assembly may remove an Attorney for the State from office for cause by a
concurrent two-thirds (2/3) vote of both Houses of the General Assembly, each House voting
separately; and
WHEREAS, Steven J. Mulroy is a duly elected District Attorney General for the Thirtieth
Judicial District; and
WHEREAS, General Mulroy has committed serious ethical violations and abused his
authority by pursuing a personal and partisan agenda in violation of State law and his oath of
office, the General Assembly finds it necessary to commence proceedings for the removal of
Steven J. Mulroy from office as District Attorney General of the Thirtieth Judicial District for the
following causes:
(1) Participating in the illegal commutation of a criminal sentence, which is the
subject of an ongoing investigation by the Board of Professional Responsibility;
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(2) Mismanagement of the office of District Attorney General, including in
employment practices and fiscal irresponsibility;
(3) Failure to uphold and respect the rights guaranteed to victims of crime by
Article I, Section 35 of the Constitution of Tennessee; and
(4) Abuses of discretion that infringe on the legislative authority of the General
Assembly resulting in a violation of the separation of powers required by Article II,
Section 2 of the Constitution of Tennessee; and
WHEREAS, the Tennessee Supreme Court has held in McCully v. State, 102 Tenn. 509
(1899) that Article VI, Section 6 of the Constitution of Tennessee guarantees General Mulroy a
right to be heard on the causes alleged for removal from office as District Attorney General of
the Thirtieth Judicial District; and
WHEREAS, the Tennessee Supreme Court noted in In re Murphy, 726 S.W.2d 509
(Tenn. 1987) that a removal under Article VI, Section 6 of the Constitution of Tennessee could
be affected after notice and hearing; and
WHEREAS, the Tennessee Attorney General and Reporter has opined that "an
individual accepts a public office subject to any conditions placed on that office, including
conditions for removal" (Tenn. Op. Atty Gen. 90-27 (1990)) and an office is a species of property
in which the officer has property rights as noted by the Tennessee Supreme Court in State v.
Blazer, 619 S.W.2d 370 (Tenn.1981); and
WHEREAS, although a property right is defined by State law and State law permits
removal from office for cause, the removal must be done in compliance with the constitutional
mandates of due process (Tenn. Op. Atty Gen. 93-21 (1993)), and the concept of due process
is a flexible one which "calls for such procedural protections as the particular situation
demands". Mathews v. Eldridge, 424 U.S. 319, 334 (1976), quoting Morrissey v. Brewer, 408
U.S. 471, 481 (1972); and
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WHEREAS, in order to commence removal proceedings and provide General Mulroy
with procedural due process, the Speaker of the House of Representatives shall appoint five (5)
members of the House of Representatives to meet jointly with a like number of Senators to be
appointed by the Speaker of the Senate; and
WHEREAS, the joint committee shall have all powers conferred upon standing or select
committees of the House of Representatives by Tennessee Code Annotated, Title 3, including,
but not limited to, the power to issue subpoenas, including subpoenas duces tecum, to enforce
the attendance of witnesses and the production of any records, documents, papers, or other
items of evidence; and
WHEREAS, the joint committee shall be convened by the member with the most
continuous service at which time it shall elect such officers as are deemed appropriate; and
WHEREAS, the joint committee shall meet and consider the causes specified in this
resolution, or consider additional causes not contained herein, and determine if the causes
warrant a due process hearing on the removal of General Mulroy; and
WHEREAS, if the joint committee determines a due process hearing is in order, it shall
establish the rules and procedures to be utilized at the hearing, the parameters of the hearing,
the date, time, and place of the hearing, and the extent, if any, to which witnesses will be heard
and evidence received; and
WHEREAS, the joint committee shall provide General Mulroy with written notice of the
date, time, and place of any hearing at least ten (10) days prior to the hearing; and
WHEREAS, at the conclusion of the hearing, if one is conducted, the joint committee
shall vote "for recommending removal" or "against recommending removal" as to each cause
presented against General Mulroy at the hearing and the committee may vote "for
recommending removal" based on the cumulative effect of all the causes presented even
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though they vote "against recommending removal" as to one (1) or more of the individual
causes; and
WHEREAS, within ten (10) days from the date the committee has voted and concluded
its hearing, the committee shall make and file its report with the respective speakers, who shall
forthwith convene a joint convention of the General Assembly for the purpose of acting upon the
report of the joint committee. Consideration before the joint convention shall be limited to the
record; but oral argument will be permitted; and
WHEREAS, upon the conclusion of the argument, the joint convention shall adjourn and
each house shall repair to its respective chamber, and vote separately, in the manner
prescribed in Article VI, Section 6 of the Constitution of Tennessee. Each house shall vote "for"
or "against" removal of Steven J. Mulroy as to each cause for which the joint committee
recommended removal. Any member, by a motion properly seconded, may call for a vote of the
member's respective House on any cause considered by the joint committee but for which such
committee recommended "against" removal. In the event two-thirds (2/3) of the members to
which one (1) House may be entitled vote to remove Steven J. Mulroy for a cause which the
joint committee recommended "against removal," the vote and the cause receiving such two-
thirds (2/3) vote shall be transmitted forthwith to the other House which shall then vote on it as if
the cause was one recommended "for removal" by the joint committee; and
WHEREAS, if two-thirds (2/3) of the members to which each House is entitled vote for
removal on one (1) or more of the causes alleged then the district attorney general is removed
from office and the votes shall be entered in the journals as required by Article VI, Section 6 of
the Constitution of Tennessee; now, therefore,
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED
FOURTEENTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE
CONCURRING, that the Speaker of the House of Representatives shall appoint a committee of
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five (5) members of the House of Representatives to meet with a like number of Senators to be
appointed by the Speaker of the Senate pursuant to a similar Senate Resolution to meet and
determine if cause exists to conduct a hearing on the removal of Steven J. Mulroy from the
position of District Attorney General of the Thirtieth Judicial District.
BE IT FURTHER RESOLVED, that the joint committee shall be convened by the
member with the most continuous service at which time the committee shall elect such officers
as are deemed appropriate.
BE IT FURTHER RESOLVED, that the joint committee shall have all powers conferred
upon standing or select committees of the House of Representatives by Tennessee Code
Annotated, Title 3, including, but not limited to, the power to issue subpoenas, including
subpoenas duces tecum, to enforce the attendance of witnesses and the production of any
records, documents, papers, or other items of evidence.
BE IT FURTHER RESOLVED, that the joint committee shall meet and consider the
causes specified in this resolution, or consider additional causes not contained herein, and
determine if the causes warrant a due process hearing on the removal of Steven J. Mulroy as
District Attorney General of the Thirtieth Judicial District.
BE IT FURTHER RESOLVED, that if the joint committee determines that a due process
hearing is in order, the joint committee shall establish the rules and procedures to be utilized at
the hearing; the parameters of the hearing; the date, time, and place of the hearing; and the
extent, if any, to which witnesses will be heard and evidence received.
BE IT FURTHER RESOLVED, that the joint committee shall provide General Mulroy with
written notice of the date, time, and place of any hearing at least ten (10) days prior to the
hearing.
BE IT FURTHER RESOLVED, that at the conclusion of the hearing, if one is held, the
joint committee shall vote "for recommending removal" or "against recommending removal" as
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to each cause presented against General Mulroy at the hearing and the committee may vote
"for recommending removal" based on the cumulative effect of all the causes presented even
though they vote "against recommending removal" as to one (1) or more of the individual
causes.
BE IT FURTHER RESOLVED, that within ten (10) days from the date the committee has
voted and concluded its hearing, the committee shall make and file its report with the respective
speakers.
BE IT FURTHER RESOLVED, that a signed and certified copy of this resolution be
transmitted to Steven J. Mulroy ten (10) days before the committee appointed pursuant to this
resolution, and the similar Senate resolution, conducts a hearing to consider his removal from
office as District Attorney General of the Thirtieth Judicial District pursuant to Article VI, Section
6 of the Constitution of Tennessee.
BE IT FURTHER RESOLVED, that this resolution and the similar Senate resolution
serve as notice to General Mulroy of the General Assembly's intention to remove him from the
office of District Attorney General of the Thirtieth Judicial District for cause; provided that if the
joint committee appointed pursuant to this resolution, and the similar Senate resolution,
determines it is necessary to consider any cause not contained herein, the joint committee shall
provide General Mulroy with notice of any additional cause not contained herein at least ten (10)
days before the committee conducts a hearing to consider him removal from office as District
Attorney General of the Thirtieth Judicial District pursuant to Article VI, Section 6 of the
Constitution of Tennessee.