Grisham: Federal hybrid is better way to pick state judges

Knoxville News Sentinel
Greg Grisham
Saturday, May 02, 2009
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Tennessee's Supreme Court and appellate court judges are not elected nor are they appointed by the process outlined in the U.S. Constitution, used by our federal government, where the chief executive nominates and the Senate confirms.

Selection by governor may be best judicial option

The Tennessean
Brian T. Fitzpatrick
Monday, April 27, 2009
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As the legislative session winds down, the General Assembly has many important issues to resolve. No issue may be more vital than what to do about Tennessee's judges.

Merit selection best for picking judges

Knoxville News Sentinel
Knoxville Bar Association Board of Governors
Sunday, March 29, 2009
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On Feb. 2, Georgiana Vines of the News Sentinel reported that state Sens. Randy McNally and Tim Burchett and state Reps. Bill Dunn, Harry Brooks and Ryan Haynes all supported open elections of appellate judges and discontinuing merit selection. The Board of Governors of the Knoxville Bar Association strongly urges our legislators to reconsider their position and work toward the continuation of some form of merit selection for appellate juges.

'Election' system for judges is wrong; Decision is for public, not a few lawyers

The Tennessean
Mac Davis
Sunday, March 29, 2009
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My friend and law partner, Paul G. Summers, wrote recently on this op-ed page ("Keep selection system for appellate judges," March 2) that Tennessee's appellate judges should not be required to run in contested elections. Instead, he favors the "Tennessee Plan," which provides that a select group of lawyers control the selection of the candidates who can run to appellate judgeships in retention elections without opposition. The Tennessee Constitution is clear: All judges "shall be elected" by the voters. Mr. Summers' op-ed does not mention this constitutional requirement.

Plain language requires vote on judges; Tennessee's Constitution says that state Supreme Court judges "shall be elected by the qualified voters" -- and that's what it means

Memphis Commercial Appeal
David Fowler
Sunday, March 15, 2009
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As a former legislator, I know that it is sometimes hard to know what the best policy is and how to balance competing policy values. But it is always good policy for legislators to follow the plain, common-sense language of Tennessee's Constitution, and it is always bad policy to disregard it. When our fundamental, supreme governing law ceases to be just that, the we are in trouble.

Editorial: Let's Retain Tennessee Plan

Memphis Commercial Appeal
Sunday, March 15, 2009
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Expensive, statewide contests between candidates for appellate courts are lined with pitfalls

Keep selection system for appellate judges

The Tennessean
Paul G. Summers
Monday, March 02, 2009
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Appellate judges should not run for popular elections like general sessions judges, trial judges or district attorneys general. Few voters know who they are; fewer still know what they do.

When justice is for sale

Chattanooga Times Free Press
Tuesday, February 17, 2009
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Tennessee's Republican-dominated Legislature must decide this spring whether to renew or let expire the Missouri plan for selecting the state's appellate court judges, and there's talk of letting it expire. The plan should be renewed: It avoids election races that plunge candidates for the state Supreme Court into multi-million-dollar fund-raising campaigns, and the ethical and corruption issues that arise from such campaigns' reliance on rich supporters.

State judges should be elected by people

The Tennessean
Jeff Wood
Sunday, January 11, 2009
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When the General Assembly convenes Tuesday, the first order of business will be the oath of office. Each member will swear to "not propose or assent to any bill...which shall...have a tendency to lessen or abridge (the people's) rights and privileges, as declared by the Constitution." Many issues will be voted on this year. None may require greater contemplation of this oath than whether to extend the Tennessee Plan.

Judicial selection should be done by state's voters

The Tennessean
R. Culver Schmid
Sunday, December 07, 2008
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The hue and cry arising from political corners regarding the method of selection of Tennessee's appellate judges will increase exponentially when the General Assembly convenes in 2009.

Don't underestimate the voters' ability to vet judicial candidates

The Tennessean
Ammon Smartt
Saturday, September 06, 2008
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The two judicial virtues at odds in the appointment vs. election debate surrounding the pending sunset of the Tennessee Plan are judicial independence and judicial accountability. In my view, we need a measure of both in Tennessee's judges.

Give the people the decision on electing judges, not attorneys

The Tennessean
Keith Nash
Monday, September 01, 2008
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On July 21, 2008, the Hickman County Commission voted unanimously on Resolution 08-34 in support of the termination of the Judicial Selection Commission. This vote by the elected men and women of Hickman County is in direct opposition to the views expressed in the Aug. 17 Tennessee Voices column authored by Buck Lewis, an attorney and president of the Tennessee Bar Association.

Tennessee Voices: Bad guy in real-life potboiler is not election of judges

The Tennessean
Stephen Vaden
Sunday, August 24, 2008
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A prominent, silver-tongued Southern trial lawyer concocts a complicated plan to bribe a local judge to obtain a favorable result in a dispute over legal fees. What he and his comrades do not know is that the judge is working for the FBI, recording all of their illicit conversations for federal prosecutors.

Make judicial selection accountable to public

The Jackson Sun
Greg Grisham
Sunday, August 17, 2008
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In a recent editorial, The Jackson Sun lamented the current posture of Tennessee's method for selecting judges, commonly known as the "Tennessee Plan," now in a one-year wind down. The Sun concedes that the Tennessee Plan has "flaws," but said it helps take the politics out of judicial selection and represents a better method than direct elections...The old adage, "If it ain't broke, don't fix it" is not a substitute for a robust public debate on ways to improve the current system. Reforms that return power in the judicial selection process to our elected political leaders make the process more open and accountable to the citizens of Tennessee.

Let's keep Tennessee Plan for judges

The Tennessean
Buck Lewis
Sunday, August 17, 2008
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More than 30 years of experience with selecting and electing judges tells me that the Tennessee Plan is the best plan we have ever had to pick our judges.

The ABA Plots a Judicial Coup

Wall Street Journal
Thursday, August 14, 2008
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Some bad ideas never seem to die, especially in the hands of a crafty attorney. That's the story now playing out at the American Bar Association, which voted at its annual meeting this week to endorse a version of "merit selection" for federal judges. What we have here is the latest lawyer-led attempt to strip judicial selection from future Presidents. ... (The Tennessee Plan is set to expire in 2009.)

Trust the voters; Direct election of judges is still best path

USA TODAY
Harold See
Wednesday, August 06, 2008
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John Grisham has joined what has become an assault on the popular election of state court judges...Judicial elections have occurred for more than 200 years, but reservations about the popular election of state judges vs. a merit-based system have been expressed by former U.S. Supreme Court Justice Sandra Day O'Connor, among others. What has changed is that some judges has assumed a role not contemplated by the authors of our federal and state constitutions: the belief that judges make law. This lawmaking philosophy of judging, however, threatens the constitutional order.

Bad way to pick appeals judges

Chattanooga Times Free Press
Tuesday, July 08, 2008
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Pointing toward the re-election of several Tennessee appellate court judges in the August election, a section inserted in last Sunday's newspaper provided an unintended reminder that Tennessee unfortunately has a bad system for selecting judges for the Tennessee Supreme Court, the Tennessee Court of Appeals and the Tennessee Court of Criminal Appeals.

Leave Tennessee Plan just as it is

Jackson sun
Monday, July 07, 2008
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When lawmakers convene in January, they'll have another chance to renew the Tennessee Plan, the state's method of selecting, evaluating and retaining or rejecting appellate judges. They should take it.

Judicial Selection Reform Long Overdue

TriCities.com
Lt. Gov. Ron Ramsey
Sunday, June 01, 2008
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In 2006, the state witnessed a nearly year-long battle between the Judicial Selection Commission and Tennessee Gov. Phil Bredesen over the process of selecting appellate judges, including state Supreme Court justices.

Judicial Selection Debate Expected To Heat Up

Memphis Daily News
Bill Dries
Thursday, May 29, 2008
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The legislation to continue the existence of the Judicial Selection Commission wasn’t approved by the Tennessee Legislature when the legislative session ended last week. That means the commission moves into a roughly yearlong phase legislators call a “wind down.”

On politics: Why not blame partisan politics?

Nashvillecitypaper.com
Clint Brewer
Tuesday, May 27, 2008
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It is the last resort and the crybaby retort of political losers everywhere — to blame partisan politics for their failures.

Three Gavels for Tennessee

The Wall Street Journal
Tuesday, May 27, 2008
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It was sunny in Tennessee last week, when the state's controversial method of picking judges was allowed to expire amid high-stakes legislative wrangling. The change marks the first time a merit selection plan has been ousted in any state that has adopted it.

Tennessee Plan gets a reprieve

Commercial Appeal
Saturday, May 24, 2008
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Tennessee legislators are back in their districts, and the Tennessee Plan is in limbo.

Wilder's place in history is secure, but his backing of Tennessee Plan stains it a bit

The Tennessean
Joseph A. Woodruff
Friday, May 23, 2008
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Larry Daughtrey performed a valuable service for readers of The Tennessean in his column last Sunday about state Sen. John Wilder ("Tennessee will never see another lion king like John Wilder"). His article was a reminder of some of Sen. Wilder's great accomplishments during his decades of public service as Tennessee's lieutenant governor. No doubt, Tennessee is a better place to live because of many of the laws that Sen. Wilder helped to pass. It's sad, however, that the final chapter of his long career was spent in service of a poor cause.

Electing appellate court judges is bad policy

Daily Herald
Mary Perren Russell
Monday, May 19, 2008
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As the legislative session wraps up, state lawmakers are dangerously close to allowing the sun to set on the existing judicial selection commission.

Humphrey: A rush to sunset

Knoxville News Sentinel
Tom Humphrey
Sunday, May 18, 2008
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A recurring complaint from legislators in the waning days of their annual sessions - voiced more loudly than usual this year, with some justification - is that they wind up rushing to enact late-developing legislation without enough time for deliberation and debate.

Judges: Should 'Tennessee Plan' Be Replaced?

Greeneville Sun
Marcia M. Eason / Ned Williams
Friday, May 16, 2008
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The "Tennessee Plan" is the non-partisan system for merit selection, evaluation and retention elections for Tennessee judges. This plan has been challenged in court and held constitutional on three separate occasions dating back to 1975.

Let voters choose state's appellate judges; their only interest is in good government

Tennessean.com
Justice Harold See
Monday, May 12, 2008
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Should Tennessee select its appellate judges through elections, or have the governor choose them from among three names winnowed by an appointed commission?

Tennessee's Trial Run

Wall Street Journal
Saturday, May 10, 2008
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Making things happen can be difficult in government, so Tennessee lawmakers have a plum assignment in the coming weeks. As the clock runs down on the state's method of judicial selection, the best thing they can do is nothing at all.

Renew judicial selection panel, but open the process

Knoxville News Sentinel
Friday, May 09, 2008
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As the governor and legislators grapple with budget shortfalls in the closing days of the General Assembly, the question about the future of how Tennessee's appellate and Supreme Court judges are picked might appear lost in the shuffle.

LETTER: Judicial selection process works

Memphis Commercial Appeal
C. Barry Ward
Tuesday, May 06, 2008
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The president of the Tennessee Bar Association has publicly urged that the Tennessee Judicial Selection Commission not be changed...The current system in Tennessee is accountable.

Reform Tennessee's system for judicial picks

Commercial Appeal
Monday, May 05, 2008
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With the legislative session winding down, lawmakers are debating whether to change the way Tennessee's Supreme Court and appellate judges are selected. Lt. Gov. Ron Ramsey has been pushing for several reforms to the so-called Tennessee Plan, while House Speaker Jimmy Naifeh has indicated he's pretty satisfied with the status quo.

Grisham: New way needed to elect judges

knoxnews.com
Greg Grisham
Sunday, April 27, 2008
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Since Tennessee's governor and the Senate are popularly elected, they are accountable to the voters for the choices they make in the judicial selection process. The modifications to the Tennessee Plan as set forth in HB3990 would preserve the merit selection/election balance and open the selection process up to greater participation and political accountability. Simply put, HB3990 represents a better plan for Tennessee.

Poor system of choosing judges could get worse

Tennessean.com
Larry Daughtrey
Sunday, April 20, 2008
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Appointing judges may not be a pretty process, but buying them is downright ugly. We may be close to seeing just how ugly.

Verdict on Tennessee Plan may require a jury

Commercial Appeal
Brian T. Fitzpatrick
Wednesday, April 16, 2008
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In June of this year, Tennessee's system for selecting appellate judges -- called the "Tennessee Plan" -- will expire unless it is reauthorized by the legislature. This is, therefore, an opportune time to consider whether the Tennessee Plan has served the people of the state well.

Open The Doors On Tennessee’s Secret Selection

American Courthouse
Dan Pero
Tuesday, April 15, 2008
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Supporters of so-called “merit selection” schemes - the secret selection of judges by legal elites - are closely watching the latest developments in Tennessee. Their Lawyers Choose, Voters Lose plan is set to expire soon.

Ramsey idea may be what we need

Nashvillecitypaper.com
Friday, April 11, 2008
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The first Republican lieutenant governor since Reconstruction wants more conservative judges in the pipeline for seats in Tennessee, and Senate Speaker Ron Ramsey is willing to play some parliamentary games to get his way.

Tennessee's plan to appoint judges takes power away from the public

tennessean.com
Brian T. Fitzpatrick
Friday, March 14, 2008
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Tennessee Voices
For most of Tennessee's history, state judges were selected just like other state officials, in elections. In 1971, however, the legislature decided to adopt a controversial method of selection called the "Tennessee Plan." The plan expires this summer, and the legislature has a great deal to think about before deciding whether to reauthorize it.

Best way to pick state Judges

Chattanooga Times Free Press
Editorial Staff
Friday, February 29, 2008
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Tennessee has a good system for selecting our state trial judges.

Process of picking judges broken

Chattanooga Times Free Press
Brian T. Fitzpatrick
Wednesday, February 27, 2008
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In June, Tennessee's system for selecting appellate judges - called "Tennessee Plan" - will expire unless it is reauthorized by the Legislature. 

Guest Commentary: Tennessee plan for selecting judges is unconstitutional

nashvillecitypaper.com
David Danner
Tuesday, February 26, 2008
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The Tennessee Plan must not be reauthorized by the General Assembly upon the imminent expiration of its key provisions in June 2008. The Tennessee Constitution requires that state judges be elected by the qualified voters of the state.

There is a better way to pick top judges for Tennessee bench

The Tennessean
Joseph A. Woodruff
Sunday, June 24, 2007
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Tennessee's process for filling judicial vacancies needs a serious overhaul.