Tennessee's attorney general to be named today

photo Senate Speaker Ron Ramsey

NASHVILLE - In making his case for reappointment to a new term, Tennessee Attorney General Bob Cooper told Supreme Court justices last week that the skills and experience he first cited in 2006 to get the job "have only been enhanced" by eight years in the office.

"[The] results speak for themselves," the 57-year-old Democrat and Chattanooga native told the five justices, who make the eight-year appointment.

Today, Cooper will learn whether his argument worked with the three Democratic and two Republican justices. Justices say they will make the announcement this morning.

Cooper is among six remaining applicants, at least three of whom are Republican, for the eight-year term.

Unlike any other state in the country, Tennessee puts the responsibility of naming an attorney general in the hands of its Supreme Court. Attorneys general in Georgia, Alabama and most other states are popularly elected in often rough-and-tumble campaigns.

Selection of Tennessee's top lawyer can often be a humdrum affair. But this year it's drawn intense scrutiny.

That's because of a failed effort by conservative GOP hardliners, led by Lt. Gov. Ron Ramsey, to defeat the three sitting Democratic justices -- Sharon Lee, Gary Wade and Connie Clark -- in their Aug. 7 judicial retention election.

Conservative Republicans attacked the Democrats on several of their judicial decisions, charging they were out-of-step "liberals" in a GOP-dominated state. But one of Republicans' major targets was Cooper, whom critics castigated as a stumbling block to conservative causes.

Among other things, they cited Cooper's refusal to go along with state attorneys general from 28 other states, most of them popularly elected Republicans, in challenging President Barack Obama's Affordable Care Act.

Still, many assumed Cooper was a shoo in for reappointment, and shortly after the election he announced he was reapplying. But Republicans began applying too, and there's been speculation they wouldn't have done so unless there was some type of indication justices were looking for a change.

All it takes is three of five votes to win this election.

Other applicants for the post are Herbert Slatery, who is Republican Gov. Bill Haslam's legal counsel; state Sen. Doug Overbey, R-Sevierville; and Bill Young, a Republican and former solicitor general who last year was named by justices to head the Administrative Office of the Courts.

Eugene "Gino" Bulso Jr., who is in private practice, and Mark Fults, a former assistant attorney general now in private practice, have also applied.

House Minority Leader Craig Fitzhugh, D-Ripley, is baffled the three Democratic justices would consider replacing Cooper given "they were retained even in the face of an expensive campaign to oust them and a big portion of that was about the attorney general. ... It doesn't seem fair to me to fire the current attorney general because of politics."

There's considerable speculation in legal circles that Slatery wouldn't have applied if the court wasn't at the very least warm to the idea of his being in the spot. Haslam did not join the effort to oust the Democratic justices. In fact, some Haslam family members, although not the governor nor his immediate family, contributed to Wade's effort.

Last Monday, the justices held an initial public interview process. They then retreated behind closed doors, as have previous courts, where they quickly culled William Helou, a Nashville attorney, and Andrew Tillman of Huntsville. The following day, the court privately reinterviewed the remaining six.

Victor Ashe, a former state senator and Knoxville mayor who has long advocated popular election of the attorney general, said, "I think it's good they [justices] had their public hearing, and they sort of negated the bonus points they got for it by immediately going into closed session."

In Ashe's view, "I think it undercuts their statement that this is free of politics."

Ashe and other court watchers say in general, the court should be looking for an attorney general who has extensive legal and managerial experience as well as someone who is capable of displaying independence.

In the applications justices gave to applicants as well as in their public questioning, justices hit those areas.

Chief Justice Lee told each applicant that she had consulted with one-time Attorney General Mike Cody.

"He said you got to have thick skin," Lee said.

Young wryly noted he once was a deputy commissioner in the Department of Commerce and Insurance, which has oversight over insurance aspects of TennCare. He also later worked as a lobbyist for hospital groups before assuming a top post at BlueCross BlueShield of Tennessee.

"If I don't have thick skin by now, I'll never have one," he said.

Other questions dealt with areas such as independence. Slatery, who is distantly related to Haslam and a lifelong friend, told the justices and reporters later that he could indeed be independent.

Young, meanwhile, has made any number of contributions to Republican lawmakers, including Ramsey.

In his questioning of Overbey, Wade noted there has been "tension" in recent years between the legislative, judicial and executive branches of government. The Republican-dominated Legislature, especially the Senate, has been a persistent critic of judges.

Overbey said if he is selected attorney general, he would "immediately" work to "foster" better relationships.

Cooper mounted a defense of his office, citing a record he said includes ending two decades-old class action lawsuits against the state, recovering $200 million in mortgage relief for Tennessee homeowners from a national settlement he helped negotiate, and $150 million in recoveries from Medicaid fraud in yet another of his initiatives.

Slatery, Young and Overbey are seen as Cooper's main rivals. All have their various strengths, going by the standards justices say they're seeking.

The form, however, does ask what experience applicants have had in trial and appellate court cases over the past 10 years. Slatery's application was somewhat vague on that front.

Overbey's law firm, meanwhile, is relatively small, compared to the attorney general's office, which employs 175 attorneys plus various staffers.

Asked by reporters last week if he has a particular candidate, Ramsey said no and added he believes Slatery, Overbey and Young can all do a good job if selected.

"Bill Young may be handicapped somewhat because there's at least the impression that he's [my] candidate," Ramsey said. "Do I think he's qualified and could be attorney general? Absolutely. He and I have been friends forever."

But Ramsey said he's gotten to known Slatery well over the last four years and has known Overbey for 15 years.

"I don't have a favorite in the race -- among those three, of course," said Ramsey.

Contact staff writer Andy Sher at asher@timesfreepress.com or 615-255-0550.

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