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August 28, 2009
Judicial Nominating Commission Appointed
The AP, published in the Chattanooga Times Free Press, reports that the seventeen-member Judicial Nominating Commission has been selected by Speakers Kent Williams and Ron Ramsey.
The General Assembly had considered bills that would have allowed the popular election of Tennessee's higher court judges, but those efforts failed. Proponents point to the state Constitution, which states that judges are to be elected.
Opponents of electing appellate and state Supreme Court judges say that doing so would politicize those positions, and thus potentially prevent the best candidates from advancing to the bench. They contend that the Constitution's directive is nominally satisfied by the system that places "judicial retention" questions on the ballot.
Judges for Circuit Court, Sessions Court, Juvenile Court and other lower courts are directly elected in Tennessee.
Members of the Judicial Nominating Commission will select finalists from applicants for open higher court positions, and pass those names on to the Governor, who will then appoint a judge.
UPDATE: Commentary by blogger David Oatney:
Constitutionally correct judicial elections were defeated in no small part because certain Justices of the Supreme Court spoke out publicly against the election of judges. The reason for doing so, it was said, was to keep our judiciary "impartial." While the ethical questions surrounding elected judges are certainly worth debating (and hence so is the matter of whether judges should be elected), the Tennessee Constitution is clear that our judges, including Justices of the Supreme Court, are to be elected by the people. For Justices of the Supreme Court-who swore an oath to defend the Tennessee Constitution-to publicly advocate that the State Constitution be ignored is not only a violation of their oath, but is a disgrace to their profession and station. If these judges really believe that an elected State judiciary poses a serious ethical threat, they should suggest amending the Constitution, not operating completely outside of it.
Government , Judiciary | By joe lance | 7:18 AM