Friday, February 23, 2007

Choosing judges in Tennessee

Jay Bush is posting about a bill to require popular election of Supreme Court justices in Tennessee (The Volunteer Dispatch: Restoring Original Intent). Bush writes:
"Perhaps not coincidently, State Rep. Brian Kelsey filed a bill to require State Supreme Court judges be elected directly by the people on the same day the Tennessee Supreme Court ruled in favor of Gov. Phil Bredesen's race-based rejection of the Judicial Selection Commission's slate of high court nominees. Bredesen's rejection of the commission's nominees after the only minority candidate withdrew for family reasons was a fiasco that's left an empty seat on the court for almost a year.

During his gubernatorial campaign, Republican Jim Bryson proposed the popular election of State Supreme Court judges too, citing Article VI, Section 3 of the Tennessee Constitution, which states, “The Judges of the Supreme Court shall be elected by the qualified voters of the state.” It's good to see this issue didn't die with Bryson's campaign."
Jay's right, but the most significant thing about Kelsey's bill is that our current system (a modified version of the so-called Missouri Plan) is inconsistent with the Tenn. Constitution. Whether or not we like the popular election of judges, that's what our state constitution prescribes.

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