Litigation

Tennessee Bill Goes to Governor

By MPetro

An article in the Memphis Commercial Appeal said that Tennessee’s governor is reviewing a measure that would retain an appointment system for state ’s Supreme Court and appellate judges, but modify the process to assuage some critics.

Under the bill, the governor will continue to appoint judges, from slates of nominees submitted by a commission, and they will face periodic retention elections once on the bench.

Although the compromise legislation ended, at least for now, a two-year attempt by some legislators to choose Tennessee judges through competitive elections. It does  institute some new changes.

Unlike the current Judicial Selection Commission, which allowed lawyers’ groups to fill some slots, all members of the new 17-member Judicial Nominating Commission will be selected by legislative leaders, but at least 10 members of the new group must be lawyers.

Advocates of the old system praised the compromise. Alan F. Ramsaur, executive director of the Tennessee Bar Association, said, “The preservation of merit selection and retention elections is the most important effort of the bar this year.”

Advocates of competitive elections say that the bill would take the people out of the equation, something that is against the state’s constitution.  Bobbie Partray of Tennessee Eagle Forum stated, “I’m disappointed that we’ve left this session without a mechanism in place for the people to have their voice heard on this issue.”

To learn more about the debate in Tennessee, see this Gavel Grab posting.

Full post as published by The Gavel on June 18, 2009 (boomark / email).