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Governor reacts to new slate of court candidates, alleging 'game playing' and questioning the selection process
Gov. Phil Bredesen reacted to a new slate of Supreme Court candidates this afternoon, saying he was unhappy with "the games that are being played." Bredesen went even further, saying that he doubts the current judicial selection process produces the most qualified candidates and left open the option of challenging the process in court or changing it through the legislature. Late last night, the Judicial Selection Commission recommended three candidates for the vacant seat on the high court: Court of Appeals Judge William C. Koch Jr. of Nashville, Circuit Court Judge D'Army Bailey of Memphis (the only minority candidate chosen out of the eight who applied) and attorney J. Houston Gordon of Covington. Read more in the Tennessean:
http://www.knoxnews.com/kns/state/article/0,1406,KNS_348_4972561,00.html
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TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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JOHN MICHAEL SHEALY, ET AL. v. POLICY STUDIES, INC. d/b/a CHILD SUPPORT SERVICES OF TENNESSEE, ET AL.
Corrected Opinion
Court: TCA
Attorneys:
Paul G. Summers, Attorney General and Reporter, Stuart F. Wilson-Patton, Senior Counsel, and
Warren A. Jasper, Assistant Attorney General, Nashville, Tennessee, for the appellants
Tennessee Department of Human Services and Gina Lodge, Commissioner.
Bridget J. Willhite, Athens, Tennessee, for the appellants Policy Studies, Inc., and Connie Bell.
William J. Brown, Cleveland, Tennessee, for the appellees John Michael Shealy and David Lebron Reagan.
Judge: SUSANO
In two separate and unrelated divorce cases, the plaintiffs in the instant case - John Michael
Shealy and David Lebron Reagan - were each paying child support to their respective former
spouses as required by court orders. Pursuant to the provisions of Tenn. Code Ann. Section 36-5-103(f), certain child support orders in Tennessee are subject to review by the Department of Human Services (DHS) at least once every three years. When the plaintiffs' child support
orders were reviewed in accordance with the statute, DHS issued administrative orders in each
case summarily increasing the amount of the plaintiffs' child support obligations and
implementing wage assignments. The plaintiffs then "joined forces" and filed this action
challenging the constitutionality of Tenn. Code Ann. Sections 36-5-103(f) and 36-5-501 on the basis
that these statutes violate both due process and the separation of powers doctrine. The plaintiffs
successfully obtained a restraining order enjoining enforcement of the administrative orders.
Thereafter, the plaintiffs' former wives filed petitions in their respective divorce proceedings
seeking an increase in child support. The petitions were eventually resolved by the entry of
agreed orders which increased the amount of each of the plaintiffs' child support payment and
decreed payment of same by way of wage assignment. After entry of the agreed court orders,
DHS entered administrative orders dismissing all of its previous administrative orders and
decreeing that the latter orders were held "for naught." Tenn. Code Ann. Section 36-5-103(f) was
substantially amended effective January 1, 2005. On April 21, 2005, the trial court entered an
order holding that Tenn. Code Ann. Section 36-5-501 and the pre-January 1, 2005, version of Section 36-5-
103(f) were unconstitutional. DHS appeals. We conclude that all of the plaintiffs' claims are
moot, vacate the judgment of the trial court, and remand with instructions to dismiss this case.
This opinion was originally issued on July 29, 2006.
http://www.tba2.org/tba_files/TCA/2006/shealyj_corr090606.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
TBA Member Services
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| Legal News |
| State, local officials crack down on criminal immigrants |
| Gov. Phil Bredesen, Nashville Mayor Bill Purcell and U.S. Rep. Jim Cooper, D-Nashville, joined Davidson County's top law enforcement officials this week to announce a crack down on illegal immigrants arrested in the Nashville area. The proposal calls for the placement of a federal immigration computer and a full-time immigration officer in the Metro Nashville jail. The system would allow specially trained deputies to check the immigration status of inmates and place holds on prisoners to prevent their release.
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Read more in the Tennessean
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| Bredesen issues immigrant hiring order |
| Gov. Phil Bredesen yesterday signed an executive order aimed at making sure companies contracting with the state are in full compliance with prohibitions against employing illegal immigrants. Executive Order No. 41 requires state executive agencies to spot-check the personnel records of state contractors and subcontractors and to issue fines to businesses employing illegal laborers.
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The Memphis Business Journal has the story
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| AG announces Katrina price gouging settlement |
| La Vista LLC, doing business as La Quinta on Macon Cove in Memphis, has agreed to pay restitution to eligible consumers and pay the state $7,000 in civil penalties for increasing rates while people sought refuge from Hurricane Katrina. For more information or to find out how to apply for a refund,
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download the AG's press release
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| Voting rights series wraps up tomorrow |
| The final "Get Your Right to Vote Back" town hall meeting sponsored by the ACLU of Tennessee is tomorrow, Sept. 7 from 6:30-8:30 p.m. at the Madison County Agricultural Complex in Jackson. The sessions were part of an awareness campaign to educate the public about a new law that streamlines the voting restoration process for individuals who have completed a felony sentence.
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For details visit the ACLU website
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| Justice Kennedy OK after hospital stay |
| U.S. Supreme Court Justice Anthony Kennedy spent the night in the hospital this week in order to have a stent inserted to keep his arteries open. Officials say the procedure was connected to a stent that was inserted last November, which was not made public at the time. Doctors say Kennedy, who is 70, shows no sign of heart damage, WREG-TV Memphis reports.
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| Legislative News |
| Tennessee Democrat pushes party's religious voice |
| State Sen. Roy Herron, D-Dresden, is co-chairing a new Internet effort to organize religious voters whose views might be compatible with Democrats. The site, www.FaithfulDemocrats.com, showcases theologians, party strategists, political leaders and bloggers to spur discussions about politics and faith among Democrats, reports the Associated Press. The first featured submission is from Herron himself.
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Check out his article "A Christian, A Democrat"
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| New ABA legislative report |
| The American Bar Association has released its September 2006 issue of Washington Letter
Online, a legislative report produced by its governmental affairs office.
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Download the current issue
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| TBA Member Services |
| Don't lose your member benefits! |
| The last chance to renew your TBA membership without interrupting your subscription to the Tennessee Bar Journal, access to TBALink and eligibility for all our great member benefits is just days away. Membership must be renewed by Sept. 8 to avoid losing access to the products and services you rely on. For more information about membership and benefits, contact Membership Director Sarah Stair at sstair@tnbar.org or renew today by calling 800-899-6993 or
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