GOP Divided As Some Extreme Right Take Run At TN Supreme Court – The Post Interviews Chief Justice Wade

Tennessee Supreme Court Chief Justice Gary Wade will be in Dandridge this weekend for an open house event designed to spotlight the question of judicial retention on the upcoming August ballot. The question of judicial retention makes its way onto the ballot in eight year cycles, and the August 2014 ballot will see 23 questions regarding judicial retention. In years past, the questions were largely considered general electoral housekeeping. Because Tennessee elects its judiciary, the item must come for public vote; however, this year three Supreme Court Justices, Wade, Clark and Lee, have found themselves in the scope of some legislators looking to influence the balance in the Tennessee Supreme Court.

Chief Justice Wade has become a target of some right wing legislators, including Lt. Governor Ramsey, who would like to see a change in the composition of the Tennessee Supreme Court. Wade and his fellow Justices, Clark and Lee, have been vetted by the Judicial Performance Evaluation Commission, a nine member commission that is appointed in a 4/4 split of the Speaker of the House and Senate Majority Leader and one joint appointment. Republicans enjoy a Super Majority in the House and Senate, making commission appointments right-leaning, and Lt. Governor Ramsey controlled 4.5 of 9 appointments on the Judicial Performance Evaluation Commission. Chief Justice Wade scored a 4.7 out of 5 possible points and was ranked extremely high in the review process. All nine commissioners voted for retention of Wade, though they noted that there were questions regarding statements that Chief Justice might have made to media: statements that could be considered lobbying for the retention of certain judges or campaigning for their election.

Chief Justice Wade stated in an interview Monday, “It is important that the Chief Justice of the Tennessee Supreme Court represents the judiciary to the people. Tennessee has a quality judiciary system and judges that are committed to the integrity of the law. While I did say good things about some judges and the Judicial Performance Review Commission that were noted in the media, I did not endorse any candidate or try to influence the outcome of any review. At the time of the statement in question, there were no candidates seeking election.” Chief Justice Wade’s statement was confirmed in a Senate hearing on the issue that found Wade clear of any violation of campaigning for a political candidate, which is against the rules of the Supreme Court, and found that there was no intent to influence the judicial review.

The Tennessee Supreme Court appoints the Attorney General and some facets of the legislature have expressed interest in a conservative-leaning appointment. Chief Justice Wade said, “The appointment of the Attorney General should not be party driven. The Supreme Court will begin the search for an Attorney General on September 1, 2014, and will seek the best possible attorney to represent Tennessee in an open process that produces a non partisan, quality choice for Tennessee. The law is not partisan and the Tennessee Supreme Court and Attorney General are instruments to uphold the law.”

While it appears that the campaign to unseat Justices Wade, Clark and Lee began on the legislative floor, Governor Haslam has largely stayed out of the fray and there has been a counter response from a portion of the legislature and the legal community, who are uncomfortable with the open partisan influence on the State’s high court. Efforts to put a left-leaning spin on the Supreme Court have serious flaws. In the last eight years, 21 Capitol Cases were presented and 20 of the convictions were upheld. Of that 20, 18 Death Row Cases were upheld, which are conservative numbers by any definition. Chief Justice Wade attributes the slight number of overturned cases to good trial judges and the quality of professionalism in the courtroom. “The Supreme Court is not designed to be hard or soft on crime. We simply assess the law and apply it to the facts, much like an umpire in a game. We are the neutral keeper of the rules.”

Though the questions may appear to be time consuming, the vote for judicial retention is important and is not a question that should be answered by lack of participation or interest. Tennesseans should be aware that this year there is a movement that will impact the face of the Tennessee judiciary. Pro or con, Chief Justice Wade urged citizens to exercise their voice. “The ballot setup creates a lack of identity, and that was fine when the decision of the Judicial Performance Review Commission was largely the deciding factor and there were no campaigns to the contrary. Now, it is important to the judiciary in Tennessee, and to the people of Tennessee, that we reject the notion of partisan politics in the Tennessee Supreme Court. The Tennessee Supreme Court has been devoid of politics and should remain devoid of politics.”

Chief Justice Wade will be in Dandridge this weekend and will be hosted by a committee of citizens that support his retention, with the reception beginning in the office of The Jefferson County Post. For more information email llgass2014@gmail.com.