State Senate Approves Resolution For An Elected Attorney General

State senators narrowly approved a measure Thursday to allow Tennesseans to elect the state Attorney General.

Mae Beavers is the Wilson County Republican who is sponsoring the change to the state constitution. She says the current system under which Tennessee’s attorney general is appointed by the state Supreme Court, whose own members are appointed by the governor, leaves the attorney general too insulated from the public.

“The way we have it right now the attorney general is twice removed from accountability with the taxpayers of this state.”

Senator Roy Herron, a Democrat from Dresden, disagreed.

“And certainly in many, many instances ,there’s no question but that popular elections make a great deal of sense. But 140 years of history, 140 years of tradition, tell us that the approach that our ancestors took has been a good one for this state.”

The upper chamber approved the measure 19 to 14, but it wasn’t an entirely partisan vote. Two Republicans voted against the change – and two Democrats for it.

The amendment to change the state constitution now goes to the House. Like all such changes, it will have to be approved by two successive General Assemblies before going on a ballot, probably in 2014.

WEB EXTRA
On Monday, Senator Doug Henry of Nashville had argued that election of the state’s top lawyer would amount to a popularity contest. His comments sparked a debate that ending delaying the passage of the bill until Thursday.

Beaver’s resolution, the first step towards putting the question on a statewide referendum ballot, ended up getting only two votes more than she needed.

A proposed constitutional change must pass in one legislature – this one is the 106th – by a simple majority in each house. But in the second General Assembly – that would be the 107th, to be elected this November – the amendment must pass by a two-thirds majority in both houses.

So in 2011 or 2012, Beavers’ resolution would have to get 22 votes in the 33-member Senate.

Then the question would go on a ballot beside a gubernatorial election – November 2014.

The resolution is SJR 698.

The resolution passed the Senate 19-14.

Twelve Democrats and two Republicans – Faulk and Overbey – voted against it. Seventeen Republicans and two Democrats – Berke and Jackson – voted for it.

Jackson, from Dickson and a lawyer himself, says having the state AG elected by the court before which he practices is a questionable practice.

 

“If you’re a private citizen standing before the Supreme Court bench, on the other side of the room is the state of Tennessee, the government of the state of Tennessee, represented by a lawyer, appointed by the very judges that are going to hear the facts and apply the law.”

 

Berke, a Chattanooga Democrat, sponsored a similar resolution himself. He says having the AG elected would give that official more independence, allow for more far-reaching investigations, and create another venue to run for statewide office. Currently only three statewide offices exist in Tennessee – the governorship and two U.S. Senate seats.