On Monday, December 5, 2022, the Tennessee Board of Judicial Conduct decided in favor of the investigative panel’s approved suspension of Judge Hugh H. Harvey, Jr., a General Sessions Court Judge in Madison County, Tennessee for the latter’s driving under the influence conviction. 

The case is styled as ‘In Re: Judge Hugh H. Harvey, Jr.’ with case number #B22-9030.

The judge was charged with violating Tenn. Sup. Ct. R. 10. RJC 1.1, Tenn. Sup. Ct. R. 10, RJC 1.2, Tenn. Sup. Ct. R. 10, RJC 3.1(A), Tenn. Sup. Ct. R. 10, RJC 3.1(C), which state

A judge shall comply with the law, including the Code of Judicial Conduct.

A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Prohibiting personal activities that would interfere with the proper and timely performance of the judge’s duties.

Prohibiting personal activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality.

The following are as alleged and summarized from the filing.

Judge Harvey was arrested for driving under the influence on August 17, 2022. He was also charged with possession of a handgun while intoxicated. Judge Harvey self-reported his arrest to the Disciplinary Counsel for the Board, as well as the Tennessee Lawyers Assistance Program (“TLAP”). Judge Harvey checked himself into an in-patient treatment facility for alcoholism for 60 days and successfully completed the program on October 27, 2022.

On November 15, 2022, Judge Harvey pled guilty to driving under the influence. The charges of possessing a handgun while intoxicated and failing to stay in his lane of travel were dismissed. Judge Harvey was placed on probation for 11 months and 29 days, prohibited from driving for one year, required to install an ignition interlock device on his vehicle, and was required to forfeit his handgun. Judge Harvey also received a suspended sentence of 11 months and 29 days except for 48 hours in jail.

The order reads:

‘In light of the foregoing, the investigative panel, on November 21, 2022, approved the suspension of Judge Harvey for a period of thirty days. . . The panel further determined that Judge Harvey should be monitored by and adhere to the recommendations of TLAP for a period of five years consistent with his Substance Use Disorder Recovery Monitoring Agreement with TLAP.’

Accordingly, the Tennessee Board of Judicial Conduct ruled against Judge Harvey in relation to his violations of the above-mentioned rules of judicial conduct.

The disposition reads:

“IT IS, THEREFORE, ORDERED that Judge Harvey is suspended for a term of thirty (30) days effective December 22, 2022, through and including January 20, 2023. During this term of suspension, Judge Harvey is prohibited from exercising any judicial power or authority, including, but not limited to, holding court, issuing subpoenas, setting or resetting cases, issuing warrants, setting or changing bonds, administrating oaths, or issuing oral or written rulings in any matter.”

The Judge’s Courtroom is located at 515 South Liberty Street Jackson, TN 39301, and can be reached at 731-423-6011 (P). His bio can be found at TNCourts.gov.

A copy of the original filing can be found here.