GOP Leader Wants to Put Off Judicial Selection Decision

Republicans are working to cobble together a compromise that satisfies two differing philosophies on how to select judges in Tennessee.

Some GOP legislators want to maintain judicial appointments on the basis of merit. Others want straight forward elections. Mark Norris of Memphis, who is the Republican leader in the Senate, is calling for more time. He wants a two-year extension of the current system in which a committee nominates, the governor appoints and the voters confirm. It expires this summer.

“The point we’re trying to make, those of who are moving this compromise bill forward, is, that’s all well and good, and we’ll have a process for that, but how do we get from where we are to that process, without the courts grinding to a halt.”

The bill from Norris was approved eight to three Tuesday in the Senate Finance Committee and goes before the full Senate Thursday.

In the debate, Democrats are cast as defenders of the current merit-selection system, where judges stand for “retention” as opposed to running against another candidate. Conservative Republicans, including the three who voted against the compromise in committee, are those who want elected judges.

Norris also has a measure to put a constitutional amendment on the ballot to settle whether voters prefer to directly elect appellate judges.

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Last week Norris was the champion of SB 2114 Norris/HB 2141 Lundberg.

That bill remains alive as a backup to SB 1573 Woodson. In the Senate, SB 2114 is on the same Thursday floor calendar as SB 1573. In the House the bill is in the House Budget Subcommittee, due to be heard Wednesday.

The bill that was approved by Senate Finance Committee today is SB 1573 Woodson/HB 1448 McCord.

The committee voted 8-3 to approve the bill, with Republicans Randy McNally, Bo Watson, and Tim Burchett voting against. All are on record as being in favor of direct election of judges.

Both Senate versions are essentially the same, Norris says. The Woodson bill, like his, softens the impact of any future change to a direct-elections system. Norris:

“What this bill [SB 1573] does …. Is modify the judicial selection process, make it a judicial nominating commission with a different number of people, fewer attorneys, more transparency, more done in public. And run that for two years while we deal either with a constitutional referendum or a constitutional convention, to try and clear this up once and for all.”

Senator Jim Kyle of Memphis attempted to change the two-year startup run of the new nominating commission to a full six years. That attempt brought quick opposition from Watson and other Republicans, who are open for a constitutional amendment within the next two years to go to an elective judge system.