Special Court Rules Judicial Selection Methods Constitutional

A Special Supreme Court of Tennessee today affirmed the constitutionality of the retention election portion of the Tennessee Plan and affirmed that the election of judges to the Tennessee Court of Appeals and the Court of Criminal Appeals on a statewide basis does not violate the constitution. The court chose not to rule on the constitutionality of the Judicial Nominating Commission/gubernatorial appointment process because that portion of the Tennessee Plan has effectively been repealed and is not in operation. The opinion was written by Special Justice Andrée S. Blumstein, with Special Justices W. Morris Kizer, J. Robert Carter Jr., Monica N. Wharton and James R. Dedrick joining.