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JUDICIAL SELECTION - THE TENNESSEE EXPERIENCE

NCJ Number
56655
Journal
Memphis State University Law Review Volume: 7 Issue: 4 Dated: (SUMMER 1977) Pages: 615-636
Author(s)
N H PARKS
Date Published
1977
Length
22 pages
Annotation
THIS ARTICLE TRACES THE DEVELOPMENT OF THE JUDICIAL SELECTION SYSTEM IN TENNESSEE AND SUGGESTS SOCIETAL AND ACADEMIC FACTORS THAT INFLUENCE LAWMAKERS AS THEY DEVISE AND MODIFY THE SYSTEM.
Abstract
THE RESOLUTION OF THE PROBLEMS IN THE TENNESSEE JUDICIAL SELECTION SYSTEM REQUIRES AN UNDERSTANDING OF THE ORIGINS OF THOSE DIFFICULTIES. TENNESSEE'S METHOD OF SELECTING JUDGES IS A PRODUCT OF INTELLECTUAL ASSUMPTIONS AND SOCIAL ASPIRATIONS WHICH HAVE THEMSELVES CONTINUALLY EVOLVED THROUGHOUT THE STATE'S HISTORY. THE EARLY COURTS OF THE STATE WERE DEPENDENT UPON THE LEGISLATURE FOR THE APPOINTMENT OF JUDGES, AND FOR THEIR ORGANIZATION AND AUTHORITY. THIS DEFECT RESULTED IN A MAKESHIFT COURT SYSTEM THAT WAS SUBJECT TO POLITICAL INFLUENCE. THE RISE OF JACKSONIAN DEMOCRATIC IDEALS, AND THE APPREHENSION OVER THE JUDICIARY'S ABILITY TO NULLIFY STATUTES, BROUGHT REFORMS TO THE SYSTEM. CHANGES INCLUDE POPULAR ELECTION OF JUDGES BUT THERE WAS NO CAREFULLY DELIBERATED PLAN FOR SUCH A REFORM. TRULY CONTESTED ELECTIONS WERE RARE, AND THE POPULIST IDEAL FADED INTO THE MERE PUBLIC APPROVAL OF CANDIDATES CHOSEN BY DEMOCRATIC PARTY LEADERS. IT WAS ONLY IN 1971 THAT A MERIT SELECTION PLAN WAS APPROVED FOR APPELLATE-LEVEL JUDGES, SIMILAR MEASURES FOR TRIAL COURT JUDGES FAILED TO PASS. EVEN THE LIMITED PLAN RESULTED IN A PARTISAN STRUGGLE BETWEEN THE GOVERNOR AND THE LEGISLATURE. THE MERIT SELECTION PLAN BEST SERVES THE PUBLIC INTEREST, AND DOES PROVIDE VOTERS THE OPTION OF NOT RETURNING AN UNSATISFACTORY JUDGE. IT IS RECOMMENDED THAT THE PLAN BE EXTENDED TO ALL JUDGES. FOOTNOTES ARE PROVIDED. (TWK)