TBA Law Blog


Posted by: Suzanne Craig Robertson on Sep 8, 2014

Public hearings to choose Tennessee’s next attorney general wrapped up in Nashville today, with two candidates eliminated after nearly five hours of candidate statements, public comments and interviews by the Tennessee Supreme Court.

At the end of the day, Chief Justice Sharon Lee said the group was impressive and had “a lot of talent,” but gave no clue as to when the court might make its decision.

Those remaining after the day’s events were: Eugene N. Bulso Jr., Brentwood; Robert E. Cooper Jr., Nashville; Mark A. Fulks, Johnson City; James Douglas Overbey, Maryville; Herbert H. Slatery III, Nashville; and William E. Young, Brentwood. This took William Helou and Andrew Tillman from the running.

Most of the candidates praised current Attorney General Robert Cooper for the job he is doing – even as they sought to unseat him. Cooper cited successes of his eight-year term and when asked about the hardest challenges his office had faced, he said the toughest issues were dealing with the economic downturn and issuing opinions on controversial, politically charged subjects.

The limited state budget through the economic crisis had affected how the state pays lawyers and provides services, he said, although he felt the department had handled it well. He said the challenge in issuing opinions –- especially when they are related to a political issue –- is to give the best, nonpartisan, independent advice based on state law.

The issue of reorganizing the Attorney General’s office came up from some of the candidates, but Cooper defended the current structure. “When I started eight years ago, I said, ‘This is not how you would design it, starting from scratch.’ But you’re not starting from scratch. It’s an ongoing operation,” he said. “The system worked. There was no point in making change for the sake of making change” though Cooper said he has made changes as the need arose.

Members of the court asked each candidate similar questions, including their position on flling the post of Solicitor General. Cooper explained he has kept an interim in the position because the opening occurred near the end of the term and he wanted whoever will be attorney general next to be able to choose his own candidate. It is “one of the most important appointments the attorney general can make,” Cooper explained.

Candidates were generally in favor of a merit-based pay system for employees.

Eugene N. Bulso Jr., a lawyer in private practice in Nashville, said one of the changes he would make would be to add state-of-the-art technology using trial and pre-trial software. He noted that there would be a learning curve going from private practice to the AG’s office but that it would be “manageable.” He intimated that some of the office's divisions could likely be combined.

Johnson City lawyer Mark A. Fulks, who spent more than 12 years in the attorney general’s office, some of it under Cooper, praised Cooper’s leadership but said he would “take a much more practical approach” to running the office, citing a need for better accountability and performance measures and ensuring the office is a good steward of public funds. Fulks said with so many divisions of the department there were “too many chiefs and not enough Indians” and that he would reorganize the office.

Chancellor Darryl Fansler spoke on behalf of candidate and state Sen. Douglas Overbey. Overbey said if appointed he would strive for “great customer service” and would establish a civics education program for the AG’s office, similar to the court’s SCALES program.

Herbert Slatery, who is Gov. Bill Haslam’s legal counsel, questioned the need for 18 divisions of the office, as several did. Justice Holly Kirby asked him if he would have a hard time telling the governor that he’s wrong, if that would be a difficult position to be in if he were attorney general. “The governor would expect me to do what was right,” Slatery said. “If I didn’t, he’d be disappointed in me.”

Justice Gary Wade asked Bill Young to critique the office of attorney general since Young has been part of the office for many years. “I’m not here to criticize General Cooper,” Young said. He went on to say if chosen he would look at reorganizing the office to become more focused. About the selection process, the only one of its kind in the U.S., Young said, “we have the right system in place. The public process is difficult but engenders public trust.”

Chief Justice Lee asked each candidate how he would handle criticism. Summing up a quality that the successful candidate must have, she said, “We are looking for someone with thick skin.”

Photos by Suzanne Craig Robertson.

Attorney General Selection Hearings

Tennessee Supreme Court Justices Jeff Bivins, Connie Clark, Sharon Lee, Gary Wade and Holly Kirby interview Attorney General candidates.

Attorney General Selection Hearings

Attorney General Robert Cooper answers the justices' questions in the afternoon portion of the day-long hearing.

Attorney General Selection Hearings

Reporters talk with Herbert H. Slatery III, right, after the hearings. 

Attorney General Selection Hearings

Andrew Tillman (left) and Bill Young talk with Justice Gary Wade before hearings got started.

Attorney General Selection Hearings

AG candidate Eugene N. Bulso Jr. talks with Supreme Court Justice Connie Clark during a break.

Attorney General Selection Hearings

The hearing held the audience in active attention.

Attorney General Selection Hearings

Three of the eight candidates for Tennessee attorney general talk during a break. From left, William E. Young, Mark A. Fulks and William N. Helou.

Attorney General Selection Hearings

State Sen. Douglas Overbey addresses the court.