A Report On The Political Balance Of The Tennessee Plan

The Federalist Society
Brian T. Fitzpatrick
Monday, April 13, 2009
 PDF
There is an ongoing debate about the method by which Tennessee selects its appellate judges. Professors Brian Fitzpatrick and Penny White represent opposing viewpoints and have written a series of articles in response to one another. In an effort to advance this debate, The Federalist Society is providing links to all four articles. Section II of Professor White’s piece and Professor Fitzpatrick’s most recent article are especially germane to today’s debate.

Election as Appointment: The Tennessee Plan Reconsidered

Tennessee Law Review
Brian Fitzpatrick
Tuesday, April 01, 2008
 PDF

A Response to Professor Fitzpatrick: The Rest of the Story

Tennessee Law Review
Penny White and Malia Reddick
Tuesday, April 01, 2008
 PDF

Errors, Omissions, and the Tennessee Plan

University of Memphis Law Review
Brian Fitzpatrick
Tuesday, April 01, 2008
 PDF

A Report on Reauthorization of the Tennessee Plan

Fed-soc.org
Brian T. Fitzpatrick
Monday, February 25, 2008
 PDF
In June of 2008, some of the operative provisions of Tennessee’s method of selecting appellate judges—called the "Tennessee Plan"—will expire unless they are reauthorized by the Tennessee Legislature. Under the Tennessee Plan, judges are initially appointed by the Governor from a list of three names selected by a nominating commission made up primarily of lawyers who belong to special lawyer’s organizations. After a period of time, these judges then have their names put on the ballot in uncontested retention referenda where voters are asked whether to keep the judges appointed by the Governor. Ever since the Tennessee Plan was enacted to replace contested elections in 1971, it has been controversial, and, for much of its history, it has been mired in litigation. Indeed, just last year, the Governor was so unhappy with the work of the nominating commission that he brought a lawsuit against it that went all the way to the Tennessee Supreme Court.