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Tennessee Supreme Court justice vacancy (August 2023)

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Tennessee Supreme Court
State-Supreme-Courts-Ballotpedia.png
Lee vacancy
Date:
August 31, 2023
Status:
Seat filled
Nomination
Nominee:
Dwight Tarwater
Date:
February 2, 2023

Tennessee Governor Bill Lee (R) nominated attorney Dwight Tarwater to the Tennessee Supreme Court on February 2, 2023. The Tennessee State Senate confirmed Tarwater on March 9, 2023. He assumed office on September 1, 2023.[1][2]

Tarwater replaced Justice Sharon Lee, who retired on August 31, 2023. Tarwater was Governor Lee's (R) second nominee to the five-member supreme court.[3][2]

At the time of the vacancy under Tennessee law, supreme court justices were selected through assisted appointment. The governor made the initial judicial appointments that were then confirmed by the Tennessee State Legislature. Justices would face retention elections at the end of their terms.

Ballotpedia has compiled the following resources on the process to fill the Tennessee Supreme Court vacancy:

Full term

2024

See also:  Tennessee Supreme Court elections, 2024

Tennessee Supreme Court Eastern Section

Dwight Tarwater was retained to the Tennessee Supreme Court Eastern Section on August 1, 2024 with 72.9% of the vote.

Retention
 Vote
%
Votes
Yes
 
72.9
 
390,549
No
 
27.1
 
145,508
Total Votes
536,057


Endorsements

Ballotpedia did not identify endorsements for Tarwater in this election.

Partial term

The appointee

See also: Dwight Tarwater
Dwight Tarwater.jpeg

Dwight Tarwater received a bachelor's degree from the University of Tennessee in 1977 and a J.D. from the University of Tennessee College of Law in 1980. He founded the law firm Paine, Tarwater, Bickers, LLP in 1987. From 2014 to 2019, Tarwater served as General Counsel for Tennessee Governor Bill Haslam (R).[4]

Appointee candidates and nominations

Finalists

The Tennessee Governor’s Council for Judicial Appointments recommended three finalists to Gov. Lee (R):[5]

Applicants

Five candidates applied to fill the vacancy:[6]

The selection process

See also: Judicial selection in Tennessee

In Tennessee, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

Tennessee Governor's Council for Judicial Appointments

See also: Tennessee Governor's Council for Judicial Appointments

The Tennessee Governor's Council for Judicial Appointments is an independent state commission in Tennessee that plays a role in the state's judicial selection process.[7] Gov. Bill Haslam (R) established the Council in a 2016 executive order. The Council consists of 11 members appointed by the governor.

Makeup of the court

See also: Tennessee Supreme Court

Justices

Following Lee’s retirement, the Tennessee Supreme Court included the following members:

Jeff Bivins Appointed by Gov. Bill Haslam (R) in 2014
Sarah Campbell Appointed by Gov. Bill Lee (R) in 2022
Holly Kirby Appointed by Gov. Bill Haslam (R) in 2013
Roger A. Page Appointed by Gov. Bill Haslam (R) in 2016

About the court

Founded in 1870, the Tennessee Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Holly Kirby. In 2018, the court decided 1,003 cases.

As of September 2024, five judges on the court were appointed by a Republican governor.

The Tennessee Supreme Court meets in Jackson, Knoxville, and Nashville, Tennessee.[8]

In Tennessee, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

About Justice Lee

See also: Sharon Lee
Sharon-Lee.jpg

Justice Lee joined the Tennessee Supreme Court in 2009. She was appointed to the court by Governor Phil Bredesen (D).

Before serving on the state supreme court, Lee worked as an attorney in private practice from 1978 to 2004. She also served as an attorney for Monroe County, as a Madisonville city judge, and as a city attorney for the cities of Vonore and Madisonville in Tennessee. She was appointed to the Tennessee Court of Appeals on June 4, 2004.[9]

Lee received her undergraduate degree from the University of Tennessee in 1975 and her J.D. from the University of Tennessee College of Law in 1978.[9]

Other state supreme court appointments in 2023

See also: State supreme court vacancies, 2023

The following table lists vacancies on state supreme courts that opened in 2023. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2022.

2023 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
California Supreme Court January 2, 2023 Patricia Guerrero Ascension August 10, 2022 Kelli M. Evans
North Dakota Supreme Court January 31, 2023 Gerald VandeWalle Retired January 9, 2023 Douglas Bahr
Alaska Supreme Court February 6, 2023 Daniel Winfree Retired January 20, 2023 Jude Pate
Delaware Supreme Court February 7, 2023 Tamika Montgomery-Reeves Elevated April 13, 2023 N. Christopher Griffiths
Oregon Supreme Court February 23, 2023 Adrienne Nelson Elevated August 16, 2023 Aruna Masih
Connecticut Supreme Court March 10, 2023 Maria Araujo Kahn Elevated September 1, 2023 Nora Dannehy
Florida Supreme Court March 31, 2023 Ricky Polston Retired May 23, 2023 Meredith Sasso
Hawaii Supreme Court March 31, 2023 Michael Wilson Retired October 23, 2023 Lisa M. Ginoza
New York Court of Appeals April 18, 2023 Rowan Wilson Ascension April 10, 2023 Caitlin J. Halligan
Hawaii Supreme Court April 22, 2023 Paula Nakayama Retired October 23, 2023 Vladimir P. Devens
Delaware Supreme Court May 1, 2023 James T. Vaughn Jr. Retired April 13, 2023 Abigail LeGrow
Arkansas Supreme Court June 21, 2023 Robin Wynne Death July 3, 2023 Cody Hiland
Missouri Supreme Court August 4, 2023 George Draper Retired September 12, 2023 Kelly C. Broniec
Tennessee Supreme Court August 31, 2023 Sharon Lee Retired February 2, 2023 Dwight Tarwater
Supreme Court of North Carolina September 8, 2023 Michael R. Morgan Retired September 11, 2023 Allison Riggs
Minnesota Supreme Court October 1, 2023 Lorie Gildea Retired August 23, 2023 Natalie Hudson
Minnesota Supreme Court October 2, 2023 Natalie Hudson Ascension August 23, 2023 Karl Procaccini
Missouri Supreme Court October 13, 2023 Patricia Breckenridge Retired October 30, 2023 Ginger Gooch
Idaho Supreme Court October 31, 2023 John R. Stegner Retired November 6, 2023 Cynthia Meyer
New Hampshire Supreme Court November 30, 2023 Gary Hicks Retired November 8, 2023 Melissa Beth Countway


See also

Tennessee Judicial Selection More Courts
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Courts in Tennessee
Tennessee Court of Appeals
Tennessee Court of Criminal Appeals
Tennessee Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Tennessee
Federal courts
State courts
Local courts

External links

Footnotes