Tennessee Plan
Encyclopedia
The Tennessee Plan is a system of judicial appointment used in Tennessee
. The system attempts to limit the influence of partisan
politics
over the state's judiciary
. It is largely patterned after the Missouri Plan
and was in fact initially referred to as the Modified Missouri Plan.
Under this system, the governor of Tennessee fills vacancies occurring on the Tennessee Supreme Court
, the State Court of Appeals
and the State Court of Criminal Appeals
due to the death, resignation, or impeachment
and removal of a sitting judge
.
, with members representing both the legal community and the citizenry at large. If the governor rejects all of the persons nominated by the commission, he can then order the commission to prepare a new list of three other prospective nominees. When this occurs, the governor must make a selection from this second list. (In practice this seldom occurs, but The Tennessean
reported such an instance on July 27, 2006. The assumption had always been that none of the names on the first list could be resubmitted on the second list, but the commission appears ready to ignore this.) The person chosen by the governor then begins service on the court; at the first statewide general election
following his or her appointment the person's name is placed before the public on the ballot on a simple yes-no basis, e.g., "Shall Jon R. Smith be elected and retained as Judge, Court of Criminal Appeals, for Middle Tennessee?" If a majority of voters decides this question in the negative, the process outlined above starts over. Every eight years, 2006 being such a year, all members of all of the appellate courts of Tennessee are subjected to this process as well. All appellate judges are subjected to this process on a statewide basis, not just in the "Grand Division
" from which they are appointed. In 2006, all of the judges submitted for approval received an affirmative vote of at least 70 percent.
A separate, 12-member panel reviews the record of incumbent
judges and makes its results public approximately six weeks prior to the retention elections held at the beginning of each full eight-year judicial term and reports its recommendations. This report gives the panel's rationale for its recommendations based on the public record of each of the judges and an interview process in which potential areas for improvement are noted. The report summarizes these findings and notes the vote by which judge was recommended (or, theoretically, not recommended) for retention, although not how each individual commissioner voted. This report is then published in the state's major metropolitan newspapers; the 2006 report appeared in Sunday papers as a special section. The 2006 report endorsed all of the incumbent judges seeking reelection, most unanimously and none by a margin of less than 8-3; one member appointed to the review panel this time was unable to serve.
in the Tennessee General Assembly
and Republicans
from East Tennessee
. Many Democrats favored the process as a way of limiting the power of then newly-elected Republican governor Winfield Dunn
. Republicans from East Tennessee who favored the creation of a medical school
at East Tennessee State University
, which Dunn opposed, agreed to support the Modified Missouri Plan in exchange for support by the Democrats for the medical school, which was subsequently created as the James Quillen
School of Medicine
.
Since the Plan was first implemented in the 1970s, only one judge (State Supreme Court Justice Penny White
) has been removed under its provisions. (From 1974 to 1994, the Supreme Court was removed from this process, and it applied only to the intermediate appellate courts, the Court of Appeals and the Court of Criminal Appeals.)
in that the yes-no balloting it calls for does not truly constitute an "election
" in the sense intended by the document's framers. This question was adjudicated by a special Supreme Court in a case filed by political gadfly
John Jay Hooker
. The regular members of the Supreme Court recused themselves from the case as interested parties, since they had been selected under the provisions in question. The special court found the process to be fully compliant with applicable provisions of the state constitution.)
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. The system attempts to limit the influence of partisan
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
politics
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
over the state's judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. It is largely patterned after the Missouri Plan
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
and was in fact initially referred to as the Modified Missouri Plan.
Under this system, the governor of Tennessee fills vacancies occurring on the Tennessee Supreme Court
Tennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
, the State Court of Appeals
Tennessee Court of Appeals
The Tennessee Court of Appeals was created in 1925 by the Tennessee General Assembly as an intermediate appellate court to hear appeals in civil cases from the Tennessee state trial courts....
and the State Court of Criminal Appeals
Tennessee Court of Criminal Appeals
The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. It hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. Appeals in civil cases are heard by the Tennessee Court of Appeals....
due to the death, resignation, or impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
and removal of a sitting judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
.
Process
The governor is not free to choose anyone for these appointments, but instead must select from a list of three potential nominees chosen by a commission, currently composed of 17 members, the makeup of which guarantees it to be bipartisan and representative of minoritiesMinority group
A minority is a sociological group within a demographic. The demographic could be based on many factors from ethnicity, gender, wealth, power, etc. The term extends to numerous situations, and civilizations within history, despite the misnomer of minorities associated with a numerical statistic...
, with members representing both the legal community and the citizenry at large. If the governor rejects all of the persons nominated by the commission, he can then order the commission to prepare a new list of three other prospective nominees. When this occurs, the governor must make a selection from this second list. (In practice this seldom occurs, but The Tennessean
The Tennessean
The Tennessean is the principal daily newspaper in Nashville, Tennessee, USA. Its circulation area covers 39 counties in Middle Tennessee and eight counties in southern Kentucky....
reported such an instance on July 27, 2006. The assumption had always been that none of the names on the first list could be resubmitted on the second list, but the commission appears ready to ignore this.) The person chosen by the governor then begins service on the court; at the first statewide general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
following his or her appointment the person's name is placed before the public on the ballot on a simple yes-no basis, e.g., "Shall Jon R. Smith be elected and retained as Judge, Court of Criminal Appeals, for Middle Tennessee?" If a majority of voters decides this question in the negative, the process outlined above starts over. Every eight years, 2006 being such a year, all members of all of the appellate courts of Tennessee are subjected to this process as well. All appellate judges are subjected to this process on a statewide basis, not just in the "Grand Division
Grand Divisions (Tennessee)
The Grand Divisions are geographic, cultural, and legally recognized regions, each constituting roughly one-third of the State of Tennessee. The Grand Divisions are represented prominently by the three stars on the flag of Tennessee...
" from which they are appointed. In 2006, all of the judges submitted for approval received an affirmative vote of at least 70 percent.
A separate, 12-member panel reviews the record of incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...
judges and makes its results public approximately six weeks prior to the retention elections held at the beginning of each full eight-year judicial term and reports its recommendations. This report gives the panel's rationale for its recommendations based on the public record of each of the judges and an interview process in which potential areas for improvement are noted. The report summarizes these findings and notes the vote by which judge was recommended (or, theoretically, not recommended) for retention, although not how each individual commissioner voted. This report is then published in the state's major metropolitan newspapers; the 2006 report appeared in Sunday papers as a special section. The 2006 report endorsed all of the incumbent judges seeking reelection, most unanimously and none by a margin of less than 8-3; one member appointed to the review panel this time was unable to serve.
History
This process was adopted as a compromise between DemocratsDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
in the Tennessee General Assembly
Tennessee General Assembly
The Tennessee General Assembly is the state legislature of the U.S. state of Tennessee.-Constitutional structure:According to the Tennessee State Constitution of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives of...
and Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
from East Tennessee
East Tennessee
East Tennessee is a name given to approximately the eastern third of the U.S. state of Tennessee, one of the three Grand Divisions of Tennessee defined in state law. East Tennessee consists of 33 counties, 30 located within the Eastern Time Zone and three counties in the Central Time Zone, namely...
. Many Democrats favored the process as a way of limiting the power of then newly-elected Republican governor Winfield Dunn
Winfield Dunn
Bryant Winfield Culberson Dunn was the 43rd Governor of Tennessee, from 1971 to 1975.-Biography:Dunn was born in Meridian, Mississippi. He graduated from the University of Mississippi in 1950 with a B.B.A., and from the University of Tennessee Medical Units in Memphis in 1955 with a D.D.S. Dunn...
. Republicans from East Tennessee who favored the creation of a medical school
Medical school
A medical school is a tertiary educational institution—or part of such an institution—that teaches medicine. Degree programs offered at medical schools often include Doctor of Osteopathic Medicine, Bachelor/Doctor of Medicine, Doctor of Philosophy, master's degree, or other post-secondary...
at East Tennessee State University
East Tennessee State University
East Tennessee State University is an accredited American university located in Johnson City, Tennessee. It is part of the Tennessee Board of Regents system of colleges and universities, the nation's sixth largest system of public education, and is the fourth largest university in the state...
, which Dunn opposed, agreed to support the Modified Missouri Plan in exchange for support by the Democrats for the medical school, which was subsequently created as the James Quillen
Jimmy Quillen
James Henry Quillen, usually known as Jimmy Quillen was a Republican member of the United States House of Representatives from Tennessee from 1963 to 1997.-Early life:...
School of Medicine
East Tennessee State University James H. Quillen College of Medicine
The James H. Quillen College of Medicine is a medical school, part of East Tennessee State University located in Johnson City, Tennessee. It is one of two public medical schools in Tennessee, the other being the University of Tennessee College of Medicine at the University of Tennessee Health...
.
Since the Plan was first implemented in the 1970s, only one judge (State Supreme Court Justice Penny White
Penny J. White
Penny J. White is an American attorney and former judge who is on the faculty of the University of Tennessee College of Law. She was a Tennessee circuit court judge, a member of the Tennessee Court of Criminal Appeals, and a justice of the Tennessee Supreme Court before being removed from office...
) has been removed under its provisions. (From 1974 to 1994, the Supreme Court was removed from this process, and it applied only to the intermediate appellate courts, the Court of Appeals and the Court of Criminal Appeals.)
Viewpoints
Proponents of this system laud it as placing the judiciary above politics and freeing judges of the need to raise vast campaign funds currently necessary in statewide political races.)Opposing views
Opponents state that it in fact leads to a self-perpetuating system of selection in which the public at large is in effect shut out of meaningful decision-making. Some opponents have asserted that the process violates the Tennessee State ConstitutionTennessee State Constitution
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules of the U.S. State of Tennessee....
in that the yes-no balloting it calls for does not truly constitute an "election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
" in the sense intended by the document's framers. This question was adjudicated by a special Supreme Court in a case filed by political gadfly
Gadfly (social)
A gadfly is a person who upsets the status quo by posing upsetting or novel questions, or just being an irritant. The term has been used to describe many politicians and social commentators....
John Jay Hooker
John Jay Hooker
John Jay Hooker, Jr. is a Nashville, Tennessee attorney, entrepreneur, perennial candidate and political gadfly.- Early life :John Jay Hooker was born to relative wealth and privilege in one of the Nashville area's more prominent families...
. The regular members of the Supreme Court recused themselves from the case as interested parties, since they had been selected under the provisions in question. The special court found the process to be fully compliant with applicable provisions of the state constitution.)