Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SJR0026 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	<BillNo> <Sponsor>
3	3
4	4	SENATE JOINT RESOLUTION 26
5	5	By Taylor
6	6
7	7
8	8	SJR0026
9	9	000012
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 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
39	39	- 2 - 000012
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. Att'y 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
68	68	- 3 - 000012
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 Senate shall appoint five (5) members of the
72	72	Senate to meet jointly with a like number of House of Representatives members to be appointed
73	73	by the Speaker of the House of Representatives; and
74	74	WHEREAS, the joint committee shall have all powers conferred upon standing or select
75	75	committees of the Senate by Tennessee Code Annotated, Title 3, including, but not limited to,
76	76	the power to issue subpoenas, including subpoenas duces tecum, to enforce the attendance of
77	77	witnesses and the production of any records, documents, papers, or other items of evidence;
78	78	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
96	96	- 4 - 000012
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 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 judge is removed from office and the
118	118	votes shall be entered in the journals as required by Article VI, Section 6 of the Constitution of
119	119	Tennessee; now, therefore,
120	120	BE IT RESOLVED BY THE SENATE OF THE ONE HUNDRED FOURTEENTH
121	121	GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, that the Speaker of the Senate shall
122	122	appoint a committee of five (5) members of the Senate to meet with a like number of
123	123
124	124
125	125	- 5 - 000012
126	126
127	127	Representatives to be appointed by the Speaker of the House of Representatives pursuant to a
128	128	similar House Resolution to meet and determine if cause exists to conduct a hearing on the
129	129	removal of Steven J. Mulroy from the position of District Attorney General of the Thirtieth
130	130	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 Senate by Tennessee Code Annotated, Title 3,
136	136	including, but not limited to, the power to issue subpoenas, including subpoenas duces tecum,
137	137	to enforce the attendance of witnesses and the production of any records, documents, papers,
138	138	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
154	154	- 6 - 000012
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 House 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 House resolution serve
169	169	as notice to General Mulroy of the General Assembly's intention to remove him from the office of
170	170	District Attorney General of the Thirtieth Judicial District for cause; provided that if the joint
171	171	committee appointed pursuant to this resolution, and the similar House resolution, determines it
172	172	is necessary to consider any cause not contained herein, the joint committee shall provide
173	173	General Mulroy with notice of any additional cause not contained herein at least ten (10) days
174	174	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.