Lt. Gov. appoints former legislator who tried to ban adoption by gays to judicial commission

Lt. Governor Ron Ramsey announced the appointment of former State Representative Chris Clem to the Judicial Performance Evaluation Commission. 

As a legislator, Clem was quite the culture warrior, even trying to ban adoption by gays and lesbians.  And this was back in the day when they explicitly tried to pass an adoption ban.  There was no beating around the bush with language like "no unmarried individuals" in those days. 

According to Tom Humphrey's piece linked above:

"The Judicial Performance Evaluation Commission reviews the performance of appellate judges using surveys, interviews and other information, as required by law. The Commission uses these evaluations to publish a report in which the Commission recommends appellate judges for retention or replacement. Of the nine members of the Commission, two are appointed by the Speaker of the Senate, two are appointed by the Speaker of the House and five are appointed by the Judicial Council.
Among the qualities the commission looks for in the judges are integrity, knowledge and understanding of the law, an ability to communicate, preparation and attentiveness, service to the profession, effectiveness in working with other judges and court personnel."

Let's hope the former representative's views have evolved or at least don't overly color his evaluation of judges.  Given the week we've had of county Republican parties complaining about gay state employees, this is not a good sign. 

Constitution makes an appearance in House debates

In Thursday morning's House debate on HB 0082, which would expand the gun authorization of judges, Rep. Susan Lynn gave an interesting and even eloquent argument about the equal protection clause of the Fourteenth Amendment in opposition to Rep. Fincher's amendment to the bill that would allow legislators the same privileges.

I knew she was a fan of the Tenth Amendment, but I admit every time she or someone else brought it up, I found myself asking aloud, "What about the Fourteenth?" She knows it well and made good use of it on the floor. Obviously, I'd like to see much more extensive use made of the Fourteenth Amendment with respect to some other legislation being considered this session. But I have to give her props.

Judicial selection: from bad to worse, says Daughtrey

Larry Daughtrey walks us through the maze of judicial selection in Tennessee. The current method is pretty bad, but the spectre of direct judicial elections and the campaigning that would come with it would probably be a lot worse.

"In states that permit partisan elections, like Texas, Wisconsin and Mississippi, the process can be appalling. It is so bad that John Grisham has written a novel about it.

Special interests line up on each side, usually with doctors, big business and insurance companies on one, and plaintiff lawyers and unions on the other. It becomes a spending donnybrook full of misleading and negative advertising. It forces judges into the uncomfortable position — for some — of raising money from those who appear in their courts.

If ordinary citizens think justice goes to the highest bidder, they may be dead right."

CP legislative wrap up: Judges, more judges, and DCS

The City Paper has a wrap up on some state level issues that is helpful in keeping up to speed. The first part deals with an argument between Rep. Rob Briley (D-Nashville) and Governor Bredesen about the openness of a screening panel for judges. Briley moved to keep them closed, while Bredesen wanted to shine some light on them.

Briley says if Bredesen wants the Judicial Selection Commission to have open meetings, then the governor should allow his personal deliberations and interviews when picking a judge to be open as well.

“My point was — the governor can’t have his cake and eat it too,” Briley said. “If it’s open, it’s open.”

The piece also covers the role of the Lt. Governor and the Speaker of the House in developing judicial nominees.

Finally, there is a summary of the Legislature's move to change civil service rules to protect DCS caseworker jobs in light of federal funding changes. The Governor thinks some layoffs may be needed, but primarily in the administrative ranks.

Lt. Governor wants a change in judicial selection process

http://www.nashvillecitypaper.com/news.php?viewStory=59501

I think there are two issues. He wants his picks actually picked, rather just part of pool from which others make their selections. And, of course, he'd like to see more conservatives on the bench. Not surprisingly, Democrats largely think the process is just fine.