On Nov. 6, Gov. Bill Haslam issued Executive Order No. 41 establishing the Governor’s Council for Judicial Appointments, a group of 11 members who will recommend candidates to fill vacancies for state trial and appellate courts.

The action follows  the passage of the amendment to Article VI, Section 3 of the Tennessee Constitution, which provides that the method of selecting appellate judges for a full term or to fill a vacancy is by and at the discretion of the governor. The governor’s appellate court appointments must then be confirmed by the General Assembly and thereafter elected in a retention election by the voters of the state.

“The people have spoken in approving the constitutional amendment,” Haslam said, “and Tennesseans can feel confident about our judiciary under this process.”

The new council replaces the commission Haslam previously established, the Governor’s Commission for Judicial Appointments.

ELECTION

Spending Reached Nearly $14 Million in State Supreme Court Races 
Television ad spending in state supreme court elections by outside groups, political parties and candidates surged to more than $13.8 million since January, surpassing the $12.2 million spent on advertising in the 2010 midterm elections, according to an analysis by the Brennan Center for Justice and Justice at Stake (JAS).

Leading the outside groups in spending was the Republican State Leadership Committee (RSLC), which purchased TV ads under its own name and bankrolled massive advertising efforts by local groups in North Carolina and Tennessee.

The RSLC, which launched its “Judicial Fairness Initiative” earlier this year to elect conservative judges and judicial candidates, poured $3.4 million into Supreme and county court races in five states since January.  

“The 2014 judicial elections delivered a new round of special interest money, attack ads, and partisan politics into America’s courtrooms, shattering several state records and increasing political pressure on state justices,” JAS writes in a press release.

7 Lawyers to Join General Assembly Next Session  Seven lawyers will join the Tennessee General Assembly in 2015 after winning district races Nov. 4.

Jeff Yarbro (District 21, Nashville) won the Senate seat left open by retiring legislator Sen. Douglas Henry. Sara Kyle (Senate District 30, Memphis) won the seat left vacant by her husband, Jim Kyle, after his appointment as a Shelby County Chancellor. Lee Harris (Senate District 29, Memphis) won the general election contest after defeating Sen. Ophelia Ford in the August primary. Bill Beck (House District 51, Nashville) won the seat vacated when Rep. Mike Turner retired.

New lawyer legislators include four who ran unopposed in the general election: Martin Daniel (House District 18, Knoxville), John Ray Clemmons (House District 55, Nashville) and Leigh Rosser Wilburn (House District 94, Somerville). Incumbent Rep. John Mark Windle (District 41, Livingston) was unopposed in his election and Rep. Raumesh Akbari (District 91, Memphis) won her contested race.

Twenty-one of the 132-member General Assembly are now lawyers.

LEGISLATION

TBA Sees Need for Divorce Notice Legislation 
The Tennessee Bar Association will pursue legislation that would require respondents be served notice of the filing of a petition for divorce or separation before the court action is made public.

“Our Family Law Section has been in discussions about how to address what they see as a growing problem,” said TBA President Jonathan Steen. “Respondents find out that their spouse has filed for divorce before safety plans can be put in place or before restraining orders can be served. We think a targeted solution to this problem is that information about the filing of divorce should be delayed until the respondent is served.”

The TBA will work with domestic violence prevention groups, lawmakers, judges and court officials to craft a solution that balances protection of those involved in divorce cases with the public’s need to know about what is happening in their courts.

PRO BONO

Commission Seeks Changes to Pro Bono Rule 
A petition to require attorneys to report their pro bono work and allow contributions to support access to justice programs was filed Nov. 10 by the Tennessee Supreme Court Access to Justice Commission. The petition asks for a change to Supreme Court Rule 9, Section 10.10, as a means of gaining more and better information on legal resources available to serve those in need. The request is small change from the current voluntary reporting standard, the commission says, and is not a step toward mandatory pro bono. The petition also asks for a change to Supreme Court Rule 9, Section 10.2, to allow lawyers to make voluntary contributions on their annual registration form in support of access to justice programs.