The Tennessee Judicial Selection Commission: A perspective
By C. Barry Ward

If, gentle reader, you contemplate seeking an appointment to fill a vacancy in any state judicial court of record, either trial court, intermediate appellate court, or supreme court, your quest will be governed by Tenn. Code Ann. § 17-4-101, et seq. You will be dealing first hand with the Tennessee Judicial Selection Commission and the statutory process that governs its actions. The statutory process is straightforward and available for all to read. The purpose of this article is to provide insight to the actual workings of the commission and to outline what a potential judicial candidate can expect from this process.

First a disclaimer — this perspective is not an objective discussion. This is because I whole-heartedly support the Judicial Selection Commission and the work it performs. Serving on the commission has been the highlight of my legal experience. It is a privilege, an honor and a personally fulfilling experience to work with the dedicated members of the commission, the applicants who come before the commission, and the excellent staff. Despite the time required and the rigors of traveling to every corner of the state in the commission’s business, it has been a genuine pleasure to serve the legal community and the state on this commission.

The application. Perhaps the first step that any potential judicial candidate will take is to fill out the application to be considered for the available judicial vacancy. This application is extremely detailed and requires quite a bit of introspection of the potential candidate. The application also allows the candidate to demonstrate writing ability. Once the application has been completed, it is forwarded to the Administrative Office of the Courts, which in turn cause other investigations to be performed by the Tennessee Bureau of Investigation, the Tennessee Board of Professional Responsibility and/or the Court of Judiciary and others. The others generally fall within the ambit of the Tennessee Bureau of Investigation, which checks for past criminal and/or credit reporting data. The application gives each commissioner the first insight into the applicant, the applicant’s views, experience and qualifications. It is a very important part of the process.

Once the candidate has filed his application, most candidates either solicit letters, or in many instances unknown to the candidate, their friends and colleagues contact members of the commission with letters and calls and words of encouragement and recommendation regarding the potential candidate.

It is very helpful to members of the commission when they personally do not know the candidate to hear from individuals whom they do know about the candidate’s strengths and qualifications.

The public hearing. The next step along the way is the public hearing component. At this stage, friends and colleagues speak at a public gathering of all applicants on behalf of the applicant whom they are supporting. This is an instructive and very helpful phase for the commission. A word to the candidates — the speakers on your behalf and what they say about you are very important parts of the process.

After hearing from the speakers on behalf of the candidate, the statute requires that the commission ask for nominations from the floor if there are any additional nominations, and the commission is also required to inquire if there are any individuals who wish to speak against any candidate. As history shows, this has occurred.

The interview process. The next step is the interview process. The interview process is a one-on-one interview between the candidate and the commission in private session. This is an extremely important part of the selection process. Pathos, tragedy, comedy, striving to overcome tremendous hurdles, and every facet of the great human drama all come to play in the interview process. This is the stage where the commission members get down to what the person is all about and whether in the opinion of the commission that person possesses the necessary qualifications to be a judge in Tennessee. Candidates with broad life experiences whose backgrounds include work and community service do well in front of the commission. The commission is looking for people seasoned by life, experienced in the law and who demonstrate the proverbial ability to “walk with kings, yet not lose the common touch.” A “judicial attitude” and demeanor is one attribute very closely examined.

After the interview process is completed, the commission begins a full discussion of each of the candidates before it and the task of selecting three names to submit to the governor. The deliberations utilize the applications, the reports from various investigative, credit and professional responsibility agencies, the personal interview, the public forum and information supplied by interested attorneys, clients, co-workers and friends. This is the process.

As of this writing, the Tennessee Judicial Selection Commission, since its inception in 1994, has dealt with 76 vacancies and has conducted 71 meetings. There have been a total of 534 applications. Two-hundred-ten names have been submitted to the governor, and 67 appointments have been made by the governor. Of the total 534 applicants, 378 were male and 156 were female. Of the 210 names submitted to the governor, 157 were males and 56 female. Of those actually appointed by the governor, there were 49 males and 18 females.

I would like to share with you my views of the Judicial Selection Commission. First, I would like to point out that even though the 17 members of the commission are appointed from different backgrounds and experiences (for example, there are trial lawyers, district attorneys general, public defenders, general practitioners, and there are non-lawyers), I can state with absolute certainty and no fear of contradiction that once the commission begins the arduous and yet delicate task of deliberations, each commissioner works to select the absolute best qualified individuals for the position. I have never served on any other board or committee or commission where such dedication to the objective standard of striving to select the candidates best qualified and best suited for the positions without regard to personal agenda, interest or politics is followed.

Our hearts go out to every candidate that is not on the list submitted to the governor. Every person who has come before the commission has spent a tremendous amount of time and energy in this process, and simply because it is a selection process, not everyone can be selected.

The second point I would like to make is the Judicial Selection Commission allows individuals who might not otherwise have the opportunity to be considered for judicial office to be considered as a candidate for judicial office. The process is not a beauty contest, It is not a popularity contest. It is as close as humanly possible a process designed to select three individuals from the pool of candidates following the procedures set out in the statute to make recommendations to the governor for appointment.

I believe these two hallmarks — the opening of the process to all individuals and the diligence with which the members of the commission perform their duties — are two of the main reasons for the justification of this method of selecting judges.

Any reader who is seriously contemplating seeking a judicial position is encouraged to do so. I can state with certainty that every candidate will receive a full and fair consideration by the commission, and that this process is open to all individuals.

The current officers of the Tennessee Judicial Selection Commission are: Mike Buttons, Chair; Dale Tuttle, vice-chair; and Hulet Chaney, secretary.

In today’s complex and complicated society, judges are becoming increasingly important. They have always been the vital part of the constitutional and social compact that keeps the public’s faith in reasoned and fair decisions a living reality. As technology and social diversity present ever more complex legal issues and perplexing dilemmas, the need for reasoned, fair and impartial decisions will grow. Good judges are a foundation of good government. Judges cannot decide cases based on polls or popularity of issues. The Judicial Selection Commission provides a means to selec

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C. Barry Ward practices law with Glankler Brown PLLC In Memphis. He was appointed by Speaker Jimmy Naifeh to the Judicial Selection Commission in 2001, and was elected as its chair for 2005.