One of the biggest issues before the Tennessee Legislature is the issue of electing our appellate and Supreme Court judges. Should Tennesseans elect their Supreme Court by popular vote? Years ago, Tennessee adopted the modified Missouri Plan. Appellate judges and the members of the Tennessee Supreme Court are appointed by the Governor and are retained by a yes or no vote. This plan also applies to the Tennessee Court of Appeals and the Tennessee Court of Criminal Appeals. General Sessions judges and Circuit Court judges are elected by popular vote. A big push is on to elect all judges.

Changing our method of selecting Supreme Court judges would be a disaster. Look around the country at the spending in these judicial races. In Michigan’s Supreme Court race, the candidates raised 3.2 million dollars to run. However, 15 million was spent on TV ads with 75% to undisclosed special interest groups. One ad attacked a respected judge for work she did as a lawyer.

As a result of the United States Supreme Court’s ruling in Citizens United, the floodgates are wide open on special interest groups buying an election. We have already witnessed it in a House race where the NRA did not like a Republican representative’s view on a gun law. Elections can be bought and sold. Should it also apply to the courthouse? A courthouse is where any citizen should have equal footing against the government in a criminal case or a big corporation that has done wrong (like BP Oil in the Gulf Oil Spill).

The system now in place has its problems. It will only spiral out of control and a loss of public trust if a popular election of Supreme Court judges is put in place. So if the judge is supported by some organization in his or her election, should that judge recuse themselves?

 

 

The justice system is too important to our stability as a nation. It should be protected. The rule of law sets our country apart from others. Do we want justice like China? Do we as Americans want our day in court with a fair playing ground?

Aisha

On Nov 20, 2012, at 4:38 PM, "Rob McKinney" <rob@robmckinneylaw.com<mailto:rob@robmckinneylaw.com>> wrote:

 

One of the biggest issues before the Tennessee Legislature is the issue of electing our appellate and Supreme Court judges. Should Tennesseans elect their Supreme Court by popular vote ? Years ago , Tennessee adopted the modified Missouri Plan. Appellate judges and the members of the Tennessee Supreme Court are appointed by the Governor and are retained by a yes or no vote. This plan also applies to the Tennessee court of Appeals and the Tennessee Court of Criminal Appeals. General Sessions Judges and Circuit Court Judges are elected by popular vote. A big push is on to elect all judges.

Changing our method of selecting Supreme Court Judges would be a disaster. look around the country on spending in these judicial races.In Michigan’s Supreme Court race , the candidates raised 3.2 million dollars to run. However , 15 million was spent on TV ads with 75% to undisclosed special interest groups. One ad attacked a respected judge for work she did as a lawyer.

As a result of the United States Supreme Court’s ruling in Citizens United , the floodgates are wide open on special interest groups buying an election. We have already witnessed it in a House race where the NRA did not like a Republican representative’s view on a gun law. elections can be bought and sold . Should it also apply to the courthouse. a courthouse is where any citizen should have equal footing against the government in a criminal case or a big corporation that has done wrong like BP Oil in the Gulf Oil Spill.

The system now in place has its problems. It will only spiral out of control and a loss of public trust if a popular election of Supreme Court Judges is put in place. So if the Judge is supported by some organization in his or her election , should that judge recuse themselves

 

 

The justice system is too important to our stability as a nation. It should be protected. The rule of law sets our country apart from others. Do we want justice like China ? Do we as Americans want our day in court with a fair playing ground.