For David Hensley, over three decades of practicing law ended not in retirement but in taking on a sizable new challenge: becoming a judge on the Tennessee Workers’ Compensation Appeals Board. Appointed by Gov. Haslam as one of three judges on the board, Hensley was sworn in Friday, Aug. 1 before a gathering of family, friends, and colleagues.
The Honorable Herschel P. Franks, retired Tennessee Court of Appeals judge, did the honors in the courtroom of Chancellor W. Frank Brown III. Hensley worked as a law clerk for Ret. Judge Franks from 1979 to 1980, and the judge later married Hensley and his wife, Dianne.
“Hiring David as my law clerk was a smart move on my part because he did an excellent job,” Ret. Judge Franks said prior to swearing in Hensley. “David worked with me at the appellate level,
and I know from that experience that he’s going to hit the ground running. We’re fortunate he’s taken this position; he’s going to do a good job.”
F. Richard Marcus, one of Hensley’s former partners at Franklin, Cooper & Marcus, where Hensley practiced from 2003 to this year, also provided opening remarks, calling Hensley “one of the finest worker’s comp lawyers” he’s known. “He’s knowledgeable, fair, and kind, and I know he’s going to exhibit those same qualities as a judge. We’re blessed Gov. Haslam has chosen him for this position.
“He’s also a great family man,” Marcus continued. “You can tell a lot about a person by his family. He and his wife Dianne have raised two beautiful, smart girls.”
Hensley wanted the ceremony to be a time of remembrance, thanks, and levity. In an effort to bring a bit of the latter into the proceedings after being sworn in, Hensley spoke humorously about the vetting process. “I’ve never been through anything like that in my life,” he said of being vetted by Gov. Haslam’s Commission for Judicial Nominations. “I had no idea what I was getting myself into.”
After thanking Bart Quinn, a member of the commission, and State Sen. Bo Watson for their sage advice, Hensley told a story about how his wife encouraged and supported him during the vetting process.
“I told Dianne I was going to Nashville for a public hearing with the commission. She asked why. I told her it was an opportunity for those who are opposed to me being judge to tell the commission why. And she said, ‘I want to go!’ I said, ‘If you’re opposed to me being a judge, just tell me!’”
Hensley’s wife was not opposed to him becoming a judge, but rather upon hearing he was considering applying for the position, told him she thought he’d make “a great judge.”
“I can’t think of anything better during life on this Earth than having a spouse who’s also your best friend,” he said, doing his best not to choke emotionally on the words.
Other members of Judge Hensley’s family present at the ceremony included daughter Caroline, daughter Laurel Powell, grandson Preston Powell, wife Dianne, son-in-law Trey Powell, and grandson Miller Powell.
Hensley also thanked his former colleagues at Franklin, Cooper & Marcus, who attended the ceremony, including Cynthia D. Hall, Gary A. Cooper, and David L. Franklin: “I appreciate you taking me in when you did. We had a great time, and I’m going to miss practicing law with you.”
Hensley’s name was one of six submitted to Gov. Haslam for consideration. His fellow appointees include Marshall Davison of Goodlettsville, who will have a six-year initial term, and Tim Connor of Knoxville, who will have a two-year initial term. Hensley’s initial term will last four years.
“I’m honored to have been selected by Gov. Haslam to be one of three judges on the newly created Tennessee Workers’ Compensation Appeals Board,” Hensley said. “I’m looking forward to getting to know my fellow judges, and to us figuring out how the appellate system is going to work.”
In remarks closing the ceremony, Chancellor Brown addressed the controversy that has surrounded the creation of the Tennessee Workers’ Compensation Court. “The selection of [Judge] Tom Wyatt to the court and [Judge] David Hensley to the appeals board makes me feel like it’s going to work out,” he said. “They’re men of integrity, and we’re going to be blessed by their service.”
Hensley was born in Harlan, Ky., in 1954, and lived his elementary school and high school years in McMinn County, Tenn. He graduated summa cum laude from East Tennessee State University in Johnson City, Tenn., in 1976 and from the University of Tennessee College of Law in Knoxville in 1979. Hensley relocated to Chattanooga in 1979 to clerk for Judge Franks.
In 1981, Hensley joined the Chattanooga firm of Milligan, Hooper & Harris as an associate, and remained with the firm and its successors until leaving Milligan, Barry, Hensley & Evans in 2003 to practice with Franklin, Cooper & Marcus, where he became a partner in 2005. His areas of practice included workers’ compensation, person injury and property damages, employment law, insurance defense, and litigation.
Hensley is a member of the American, Tennessee and Chattanooga Bar Associations, the Chattanooga Trial Lawyers Association, and the Defense Research Institute. He’s a past member and Chairman of the Board of Directors of the North River YMCA, and a past member of the Board of Directors of the Ronald McDonald House of Chattanooga. He and his wife reside in Hixson, Tenn.
For more photos pick up a copy of the Hamilton County Herald.