NASHVILLE — A panel of Senate Republicans on Wednesday “technically” did away with Tennessee’s method for selecting Supreme Court and other appellate judges, essentially delaying a decision on renewing the system until next year when a Republican majority General Assembly takes office.
“We left the door cracked for further negotiation between the various parties,” Sen. Bo Watson, R-Hixson, said. “But we certainly put one nail into the coffin for the Judicial Selection Commission and Judicial Evaluation Commission.”
Sen. Watson and Sen. Dewayne Bunch, R-Cleveland, led the latest attack on the so-called “Tennessee Plan” during a joint subcommittee meeting of House and Senate Government Operations Committee members.
The plan, enacted by lawmakers in the early 1990s to “insulate” judges from politics, replaced partisan elections of appellate judges with a system of gubernatorial appointments. Those are followed by yes-no retention elections on whether to let appointees continue serving.
Senate Republican members delayed consideration of the Judicial Selection Commission and Judicial Evaluation Commission — two key plan components — until July 1, 2009, at the earliest. Legal authorization for both panels expires June 30, 2009.
House Democrats recommended extending both commissions for four years.
“They (Republicans) voted to terminate the Judicial Selection Commission,” House Majority Leader Gary Odom, D-Nashville, later said. “That’s technically what they did.”
Republicans control the Senate. Democrats now control the House. But Republicans, who won a narrow 50-49 majority in this year’s elections, are expected to take control in January.
The 17-member selection commission interviews applicants and forwards recommendations to the governor. Commissioners are appointed by the House and Senate speakers, mostly from organized attorney groups such as trial lawyers and prosecutors specified by statute.
Lt. Gov. Ron Ramsey, R-Blountville, who became Senate speaker last year, contends the selection commission has a liberal tilt, and he wants freedom to appoint who he wants. Democrats oppose that.
Sen. Bunch, an attorney, and Sen. Watson argue the state Constitution also requires direct elections, although two Supreme Court decisions have upheld the current plan.
During Wednesday’s hearing, Judicial Selection Commission Chairman Ronnie Berke of Chattanooga said the commission, which also recommends nominees for trial court judge vacancies, has been told by attorneys “we have improved the quality of the (local) judges.”
Sen. Watson questioned why the commission deliberates and votes in secret. Mr. Berke said “fairly sensitive” personal issues have come up.
But Mr. Berke said it also protects commissioners from “pressure” or retaliation by judges.
“I think this is the real world,” Mr. Berke said. “What I’m trying to do is take away the possibility that any member of the commission would feel that way ... I think the procedure we have works. And I think that we have shown (that) in the quality of the judges we have gotten.”
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