Board of Judicial Conduct

FOR IMMEDIATE RELEASE CONTACT: Jill Frost

February 16, 2017 Office: 615-440-2555
Jill.frost@tncourts.gov

STATEMENT REGARDING INVESTIGATION INTO THE ETHICAL

CONDUCT OF JUDGE CASEY MORELAND

Nashville, Tenn. Rule 8 of the Tennessee Board of Judicial Conduct states that if
it becomes apparent that allegations of misconduct by a judge have become a matter of
public record independent of any action by the Board and that continued silence by the
Board may be detrimental to the public interest, may lead to bringing the judiciary into public
disrepute or may adversely affect the administration of justice, the chairperson in his or her
discretion may 1) confirm that an investigation is in progress, 2) clarify the procedural
aspect of any proceedings, and 3) explain the rights of the subject of the investigation to a
fair hearing without prejudgment.

There having been so many media reports in the last couple of weeks concerning
allegations against General Sessions Judge Casey Moreland, independent of any action
taken by the Board of Judicial Conduct, that the Chair finds that continued silence by the
Board would be detrimental to the public interest. Therefore, I find it necessary at this time
to confirm that an investigation by the Board is in progress pursuant to Tenn. Code Ann.
Section 17-5-304.

Please keep in mind the statutory procedures the Board must follow when any
investigation is in progress concerning any judge. If Disciplinary Counsel feels the matter
needs a full investigation, he must first request and receive authorization from the
investigative panel assigned to a case before the full investigation can begin. N o subpoena
can issue to obtain testimony or evidence until the investigative panel first authorizes a full
investigation pursuant to statute. Once the investigation is complete, the judge is given
notice of the investigation and is allowed up to 30 days to respond. Then, if the
investigative panel directs Disciplinary Counsel to file formal charges against the judge,
then those charges, the answer the judge files to those charges, and all other pleadings in
the case become a matter of public record by law. If the judge does not file an answer to
the formal charges within 30 days, then the failure to file an answer constitutes an
admission of the factual allegations.
 If during its investigation, the Board finds evidence of behavior that may be criminal
in nature, the Board will inform the appropriate law enforcement agency and will attempt to
continue to conduct its own investigation in such a way as not to interfere with any criminal
investigation. Pursuant to Tenn. Code Ann. Section 17-5-301(e), Disciplinary Counsel may
also enlist the help of law enforcement agencies such as the Tennessee Bureau of
Investigation or the local District Attorney to aid in the investigation.

Throughout this process, the judge always reserves the right to a fair hearing before
the Board without prejudgment.

-CHRIS CRAFT Chair, Tennessee Board of Judicial Conduct

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