A Special Called Meeting of the Board of Governors, the Past Presidents and the CBF Fellows was held last week. The meeting was called in response to a request from Stephen Susano, executive director of “Vote Yes on 2”; and Herbert Slatery, Counsel for Governor Haslam, for discussion and endorsement of the Vote Yes on 2 campaign.
Vote Yes on 2 is a bipartisan campaign to educate voters why it is important to vote in favor of the 2nd Amendment to the Tennessee Constitution. This proposed Amendment only impacts the selection of judges to the state appellate courts. There are 29 judges on our State appellate courts: 5 justices of the Tennessee Supreme Court, 12 judges on the Court of Appeals and 12 judges on the Court of Criminal Appeals. This Amendment does not impact the remaining 154 trial court judges.
By supporting and voting in favor of Amendment #2, we preserve the best components of our current appellate judicial selection process while allowing additional limited legislative input into the selection process.
Amendment #2 has three major components:
1 - The first component will continue to allow the Governor to appoint all appellate judges
2 - Under the second component, the State Legislature will then accept or reject the Governor’s appointment. This is a new part of the judicial selection process and will allow the State Legislature to vet proposed judicial appointees. If the State Legislature does not accept or reject the judicial appointment within a time period of 60 days as outlined in the Amendment, then the Governor’s appointment is automatically confirmed. This 60-day limit guarantees appointments cannot be held up for an indefinite period.
3 – Any appellate judge appointed by the Governor and confirmed by the State Legislature will be in a retention election every eight years – as is the process now.
Many ask why the Tennessee Constitution needs to be amended in the first instance. As explained by Executive Director of Vote Yes on 2, Stephen Susano:
“For over four decades, there have been numerous legal challenges to the current system for electing our appellate judges. Known at the modified Tennessee Plan, this system generally has been challenged based on whether it complies with the language in the State Constitution stating, “The Judges of the Supreme Court shall be elected by the qualified voters of the State.” In each instance, the courts have found the current system to be valid under the State Constitution. However, doubts about the constitutionality of the current system persists.
Regardless of whether one agrees or disagrees with the constitutionality of the current system, these legal challenges have drawn into question the authority of our appellate courts and threaten to weaken the confidence people have in this important institution. A stable judiciary is essential to protect the rights of all Tennesseans and to provide businesses with the predictability they seek to invest capital and create jobs.
Both the judiciary, and the third and equal branch of our government, and the citizens of the Tennessee want and need a resolution. Therefore, the CBA Board of Governors voted to take the position of supporting the passing of Amendment #2, which will bring clarity to this important constitutional question, provide greater stability to out appellate courts and help ensure that Tennessee remains competitive in attracting businesses and expanding economic development.”
There is little doubt that the proposed Amendment #2 is a hard-struck compromise between those who favor retaining the existing Modified Tennessee Plan and those who believe that the Tennessee Constitution requires our appellate judiciary to be elected by means of a popular vote. After a period of open discussion with the CBF Fellows and Past Presidents surrounding these important issues, the CBA Board voted and adopted the following Resolution on behalf of the Chattanooga Bar Association:
RESOLUTION
OF THE BOARD OF GOVERNORS OF THE
CHATTANOOGA BAR ASSOCIATION
IN SUPPORT OF JUDICIAL SELECTION AMENDMENT
WHEREAS, a fair and impartial judiciary comprised of highly qualified judges is essential to ensure the consistent administration of the law in Tennessee; and
WHEREAS, it is extremely important to fill judicial vacancies in the appellate courts of the State of Tennessee with men and women of the highest caliber, who by temperament, ability and integrity will freely, impartially and independently interpret the laws and administer justice in this State; and
WHEREAS, on November 4, 2014, Tennesseans will vote whether to amend Article VI, Section 3 of the Tennessee Constitution to provide for gubernatorial appointment of Tennessee appellate court judges, subject to legislative confirmation, and followed by retention elections in which Tennesseans will vote to retain or replace the judges; and
WHEREAS, the Judicial Selection Amendment will be listed second on the ballot and is commonly referred to as “Amendment #2”; and
WHEREAS, both houses of the Tennessee General Assembly voted overwhelmingly in support of placing Amendment #2 on the ballot; and
WHEREAS, Governor Bill Haslam strongly supports the passage of Amendment #2; and
WHEREAS, there is significant bipartisan support across the State, both in the business and legal communities, for the passage of Amendment #2; and
WHEREAS, the Board of Governors of the Tennessee Bar Association supports the passage of Amendment #2; and
WHEREAS, a majority of votes cast in the November 4, 2014 election for Governor are required to ratify Amendment #2.
NOW, THEREFORE, BE IT RESOLVED, that we, the Board of Governors of the Chattanooga Bar Association, on behalf of the Chattanooga Bar Association, support amending Article VI, Section 3 of the Tennessee Constitution regarding the selection of judges for the Tennessee Supreme Court, the Tennessee Court of Appeals, and the Tennessee Court of Criminal Appeals by gubernatorial appointment, subject to legislative confirmation, and followed by retention elections; and
BE IT FURTHER RESOLVED, that we encourage our members and friends to vote in favor of Amendment #2 (Senate Joint Resolution 2 of the 108th General Assembly) and take such other actions as may be necessary or appropriate to obtain the votes required to pass Amendment #2 in the November 4, 2014 general election.
The Board of Governors by the adoption of this Resolution hereby authorizes the governors, officers, and committee chairs of the Chattanooga Bar Association to take appropriate actions to fulfill the intent of this Resolution.
EFFECTIVE this the 17th day of June, 2014.
ADOPTED AND APPROVED BY A QUORUM OF THE VOTING MEMBERS OF THE BOARD OF GOVERNORS OF THE CHATTANOOGA BAR ASSOCIATION.
SECRETARY’S CERTIFICATION
I hereby certify that the above resolution was duly adopted by a quorum of the Board of Governors of the Chattanooga Bar Association pursuant to the By-laws of the Association.
Respectfully Submitted,
____________________________
Hon. Christie Mahn Sell, Secretary v