Jerry Smith

A state appellate judge nabbed in Knoxville on a drunken driving charge is stepping away from his duties pending resolution of his own criminal case.

Tennessee Court of Criminal Appeals Judge Jerry L. Smith will not be hearing or deciding appeals in the wake of his arrest Monday night on charges of drunken driving and violation of the implied consent law for allegedly refusing a blood alcohol test.

A state Court of Criminal Appeals judge can continue hearing cases, including those related to driving under the influence, despite his own arrest Monday night on a DUI charge, court officials said.

Although the Tennessee Supreme Court’s Code of Judicial Conduct states that judges “shall respect and comply with the law,” nothing in the rules precludes them from hearing cases when facing a misdemeanor charge.

Court of Criminal Appeals Judge Jerry L. Smith was arrested Monday night while in Knoxville and now faces two misdemeanor charges related to driving under the influence.

via TN Court of Criminal Appeals judge can work despite DUI arrest | The Tennessean | tennessean.com.