Judicial selection a major topic in Tennessee

April 30, 2012

Tennessee: Tennessee's method of appellate judicial selection has been a hot topic in the legislature since last year. Currently, justices of the Supreme Court, Court of Appeals and Court of Criminal Appeals are chosen via a commission selection, gubernatorial appointment model. That means that a commission, comprised of 17 members, forwards the names of candidates to fill vacancies to the governor, who appoints a new justice.

However, the Tennessee Constitution explicitly states that qualified voters in the state must elect judges.

Some legislators insist that mandates popular elections, and in 2012, each chamber of the legislature introduced measures that would make that law. Both of those measures failed in committee, though Representative Glen Casada intends to revive his proposal.

Simultaneously, Governor Bill Haslam wanted to reconcile the state Constitution with the current system by supporting a constitutional amendment in which the language mirrors the state's method. That proposal died in the House of Representatives.

The only proposal gaining traction is that which mimics the federal system of judicial appointment. Last week, the House voted 70-27 to allow for confirmation of judicial appointees within 60 days following appointment. Before this becomes an amendment, it needs to be approved by both houses by a two-thirds majority.

Methods of selection similar to the federal model are still in place in five states. Those are: Connecticut, Delaware, Hawaii, Maryland, and New Jersey.

To learn more about past reform efforts, visit: Judicial selection in Tennessee.