Gavel To Gavel reports that Missouri, Pennsylvania and Mississippi have proposed legislation to drug test judges.  Tennessee apparently will also consider legislation for drug testing judges in criminal cases by request of the defense or prosecution. The Tennessee legislation, SB 2542 / HB 2362, would provide that either party in a criminal trial may request in writing that the judge be drug tested. If the judge tests positive for an illegal drug, a substitute judge would be appointed. If the test is negative, no request is made, or the result a legal prescription drug, the trial resumes and neither side can assert on appeal that the judge was impaired by drugs.

News reports indicate that the impetus behind the bills was a particular judge who presided over a case in which the defendants were charged with raping, torturing, and murdering a couple in 2007. The judge was later found in 2011 to have purchased and taken drugs during breaks in court sessions and the convictions were overturned.

There is nothing in any of the legislation that deals with the necessity of judges passing field sobriety tests, nor whether they need to wear a robe when walking heel-to-toe or bending backwards and then touching their nose.