IN THE SPECIAL SUPREME COURT OF TENNESSEE AT NASHVILLE

) ) ) ) ) ) Appellant/Petitioner, ) ) v. ) ) ) ) GOVERNOR BILL HASLAM, ) LIEUTENANT GOVERNOR RON RAMSEY, ) SPEAKER BETH HARWELL, ) SENATE JUDICIARY CHAIRMAN ) MAE BEAVERS, ) HOUSE JUDICIARY CHAIRMAN ) ERIC WATSON, ) CHIEF JUSTICE CORNELIA CLARK, ) ATTORNEY GENERAL ROBERT COOPER ) On behalf of the Attorney General's Office ) and all appellate judges appointed and ) subsequently retention elected under ) T.C.A. 17-4-101 et seq, and ) CRIMINAL APPEALS JUDGE ) JEFF BIVENS ) ) Appellee/Respondent. )

JOHN JAY HOOKER, On behalf of himself and other qualified voters and potential Candidates for the seat held by Judge Bivens and on behalf of all litigants with pending or impending cases before the Appellate Courts

Case No. M2012-01299-SC-R11-CV On appeal from Davidson County Circuit Court Case No. 12C735

MOTION _____________________________________________________________________________________

A MOTION TO PERMIT THE FILING OF A LETTER SENT TO THE ATTORNEY GENERAL, DATED NOVEMBER 18, 2013, REQUESTING THE ATTORNEY GENERAL IN ACCORDANCE WITH THE MOTION TO DISCLOSE, FILED ON NOVEMBER 15TH 2013, REQUESTING THAT ALL THE DEFENDANTS, THROUGH THE ATTORNEY GENERAL OR OTHER COUNSEL, INFORM THE COURT WHETHER ALL OF THE DEFENDANTS UNDER THEIR OATHS OF OFFICE CLAIM THE RETENTION ELECTION STATUTE TCA 174101 ET SEQ. IS CONSITUTIONAL OR IS IN FACT UNCONSTIUTIONAL, IN VIEW OF THE FACT THE ATTORNEY GENERAL HAS CLAIMED THAT THE ACT IS CONSTITUIONAL ON BEHALF OF ALL THE DEFENDANTS. ______________________________________________________________________________

THEARGUMENT
The Attorney General has claimed that the Retention Election Statute is constitutional on behalf of all of the Defendants without disclosing the fact that some of the Defendants claim otherwise. Consequently, the Attorney General has a duty under the Rules of Professional Conduct to inform the Court which Defendants claim, under their Oath of Office, that the ACT is constitutional and which Defendants claim otherwise that the ACT is unconstitutional. ThiscaseinvolvestheHighestPublicinterestandtheintegrityoftheConstitutionitselfand the Oaths of Office of the Defendants and likewise the Oaths of Office of the lawyers to supporttheConstitutionandpracticelawtothebestofourskillandabilities,whichoath requires that the lawyers be candid about the facts and the law with the Court under SupremeCourtRule8RPC3.3. AttachedheretoisacopyofthelettertotheAttorneyGeneralandacopyoftheMotionto DisclosetowhichtheAttorneyGeneral hasnotmadeatimelyresponseinaccordancewith his duty to the Court and in accordance with his to duty to the qualified voters of the State who he attempts to deprive of the right to elect all Judges both for the full and unexpired terms.

Respectfullysubmitted
_________________________________ JOHN JAY HOOKER, BPR #005118 115 Woodmont Blvd. Nashville, Tennessee 37205 Phone (615) 269-6558 Cell (615) 479-6531 Fax (615) 383-6036 johnjayhooker@hpeprint.com

ajg

CERTIFICATE OF SERVICE

I hereby certify that a true and exact copy of the foregoing has been sent via First Class mail, postage prepaid and email and or fax, to:

Janet Kleinfelter Deputy Attorney General Public Interest Division Office of the Attorney General P.O. Box 20207 Nashville, Tennessee 37202 William A Blue, Jr. Constangy, Brooks, and Smith, LLP 401 Commerce Street, Suite 700 Nashville, Tennessee 37219 Jacqueline B. Dixon Cindy Wyrick Allan F. Ramsaur Tennessee Bar Association Tennessee Bar Center 221 4th Avenue North, Suite 400 Nashville, TN 37219-2198 Patricia Head Moskal Edmund S. Sauer Bradley Arant Boult Cummings, LLP 1600 Division Street, Suite 700 P.O. Box 340025 Nashville, TN 37203 Attorney General Robert Cooper, Jr. Attorney General for the State of Tennessee P.O. Box 20207 Nashville, TN 37202 On this the 22nd day of November 2013.

s
______________________________ John Jay Hooker ajg

IN THE SPECIAL SUPREME COURT OF TENNESSEE AT NASHVILLE

) ) ) ) ) ) Appellant/Petitioner, ) ) v. ) ) ) ) GOVERNOR BILL HASLAM, ) LIEUTENANT GOVERNOR RON RAMSEY, ) SPEAKER BETH HARWELL, ) SENATE JUDICIARY CHAIRMAN ) MAE BEAVERS, ) HOUSE JUDICIARY CHAIRMAN ) ERIC WATSON, ) CHIEF JUSTICE CORNELIA CLARK, ) ATTORNEY GENERAL ROBERT COOPER ) On behalf of the Attorney General's Office ) and all appellate judges appointed and ) subsequently retention elected under ) T.C.A. 17-4-101 et seq, and ) CRIMINAL APPEALS JUDGE ) JEFF BIVENS ) ) Appellee/Respondent. )

JOHN JAY HOOKER, On behalf of himself and other qualified voters and potential Candidates for the seat held by Judge Bivens and on behalf of all litigants with pending or impending cases before the Appellate Courts

Case No. M2012-01299-SC-R11-CV On appeal from Davidson County Circuit Court Case No. 12C735

MOTION _____________________________________________________________________________________

A MOTION TO PERMIT THE FILING OF A LETTER SENT TO THE ATTORNEY GENERAL, DATED NOVEMBER 18, 2013, REQUESTING THE ATTORNEY GENERAL IN ACCORDANCE WITH THE MOTION TO DISCLOSE, FILED ON NOVEMBER 15TH 2013, REQUESTING THAT ALL THE DEFENDANTS, THROUGH THE ATTORNEY GENERAL OR OTHER COUNSEL, INFORM THE COURT WHETHER ALL OF THE DEFENDANTS UNDER THEIR OATHS OF OFFICE CLAIM THE RETENTION ELECTION STATUTE TCA 174101 ET SEQ. IS CONSITUTIONAL OR IS IN FACT UNCONSTIUTIONAL, IN VIEW OF THE FACT THE ATTORNEY GENERAL HAS CLAIMED THAT THE ACT IS CONSTITUIONAL ON BEHALF OF ALL THE DEFENDANTS. ______________________________________________________________________________

November18,2013 AttorneyGeneralRobertCooper,Jr. AttorneyGeneralfortheStateofTennessee P.O.Box20207 Nashville,TN37202 InRe:HOOKERV.HASLAMETAL. DearMrAttorneyGeneral: InthecontextoftheanniversaryofJohnFKennedysassassinationIhavebeenreadingsomeof his quotes, as he and his brother Bobby were my political mentors, one of which is: NO MATTER HOW BIG THE LIE; REPEAT IT OFTEN ENOUGH AND THE MASSES WILL REGARD IT AS THE TRUTH. In that regard you and lawyers in your office have intentionally, in papers filed with the Court and in oral argument,donejustthat. In that regard the fact is that the Lieutenant Governor Ramsey and Speaker of the House Harwell, as well as Senator Beavers and Representative Watson, have ALL TOLD ME PERSONALLY that the RetentionElection Statute is UNCONSTITUTIONAL. If you will ask them whether that statement is true, they will undoubtedly tell you that it is. Consequently, in view of the fact that you have claimed otherwise,arguingthattheStatuteisCONSTITUTIONAL,withoutdisclosingtotheCourtthatfourofthe Defendants in this case, CLAIMED to the contrary that the statute is unconstitutional, you have a duty underyouattorneysoathtodisclosethatfacttotheCourt. Therefore,lawyertolawyerinthiscaseinvolvingtheHIGHESTPUBLICINTERESTIamaskingyou forthwithinresponsetotheattachedmotiontoinformtheCourtoftheaforesaidfacts.Ifyoudonotdo so, I am going to attempt to file this letter with the Court in the name of JUSTICE, as the pursuit of JUSTICE for the qualified voters of this State require me to do so. Otherwise, over time the FRAUDULENT claim that the Defendants all claim that the Statute is CONSTITUTIONAL will inevitably be exposed.Astheoldsayinggoes,THETRUTHCRUSHEDTOGROUNDSHALLRISEAGAIN. The Court is entitled, under the RULES OF PROFESSIONAL RESPONSIBILITY to no less than the TRUTHNOW! Respectfully, s JohnJayHooker cc:LtGov.RonRamsey SenatorMaeBeavers SpeakerBethHarwell ChairmanEricWatson

IN THE SPECIAL SUPREME COURT OF TENNESSEE AT NASHVILLE

) ) Appellant/Petitioner, ) ) v. ) ) ) ) GOVERNOR BILL HASLAM, ) LIEUTENANT GOVERNOR RON RAMSEY, ) SPEAKER BETH HARWELL, ) SENATE JUDICIARY CHAIRMAN ) MAE BEAVERS, ) HOUSE JUDICIARY CHAIRMAN ) ERIC WATSON, ) CHIEF JUSTICE CORNELIA CLARK, ) ATTORNEY GENERAL ROBERT COOPER ) On behalf of the Attorney General's Office ) and all appellate judges appointed and ) subsequently retention elected under ) T.C.A. 17-4-101 et seq, and ) CRIMINAL APPEALS JUDGE ) JEFF BIVENS ) ) Appellee/Respondent. )

JOHN JAY HOOKER, et al.

Case No. M2012-01299-SC-R11-CV On appeal from Davidson County Circuit Court Case No. 12C735

AMOTIONTODISCLOSE ______________________________________________________________________________ A MOTION FOR GOVERNOR HASLAM AND FOR EACH OF THE DEFENDANTS TO DISCLOSE, EITHER THROUGH THE ATTORNEY GENERAL WHO REPRESENTS THEM IN THIS CASE, NOTWITHSTANDING THE FACT THAT HE IS AN APPOINTEE OF THE MEMBERS OF THE SUPREME COURT, AND THEREFORE MAY BE CONFLICTED, OR OTHER COUNSEL AND THEREBY ADVISE THE COURT UNDER THE OATHS OF OFFICE OF EACH OF THE DEFENDANTS WHETHER THEY INDIVIDUALLY CLAIM BOTH PUBLICLY AND PRIVATELY THAT THE RETENTION ELECTION STATUTE, TCA 174101 ET SEQ. IS CONSTITUTIONAL, AS THE ATTORNEY GENERAL, AND HIS SUBORDINATES,UNDERTHEIROATHSOFOFFICEHAVEARGUEDONBEHALFOFEACHOFTHE DEFENDANTS BEFORE THIS COURT, AND IN THE TRIAL COURT, IN OPPOSITION TO THIS LAWYERS CLAIM, UNDER THE ATTORNEYS OATH THAT THE RETENTION ELECTION STATUTE ISUNCONSTITUTIONAL.
_____________________________________________________________________________________

 ARGUMENT
Thepreviousargumentsbythislawyer,challengingtheconstitutionalityoftheact,shouldberereadin thecontextofthismotion.FurthermoretheCourtcantakejudicialnoticeoftheeditorialinthe TennesseenewspaperwrittenbyFrankDanielsIII,attachedhereto,whichstatesthattheTennessee Planstealsrightfulpowerofvoters. Respectfullysubmitted s _________________________________ JOHN JAY HOOKER, BPR #005118 115 Woodmont Blvd. Nashville, Tennessee 37205 Phone (615) 269-6558 Cell (615) 479-6531 Fax (615) 383-6036 johnjayhooker@hpeprint.com

CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing has been sent via First Class mail, postage prepaid and email and or fax, to: Janet Kleinfelter Deputy Attorney General Public Interest Division Office of the Attorney General P.O. Box 20207 Nashville, Tennessee 37202 William A Blue, Jr. Constangy, Brooks, and Smith, LLP 401 Commerce Street, Suite 700 Nashville, Tennessee 37219 Jacqueline B. Dixon Cindy Wyrick Allan F. Ramsaur Tennessee Bar Association Tennessee Bar Center 221 4th Avenue North, Suite 400 Nashville, TN 37219-2198 Patricia Head Moskal Edmund S. Sauer Bradley Arant Boult Cummings, LLP 1600 Division Street, Suite 700 P.O. Box 340025 Nashville, TN 37203

Attorney General Robert Cooper, Jr. Attorney General for the State of Tennessee P.O. Box 20207 Nashville, TN 37202 On this the 17th day of November 2013.

s
______________________________ John Jay Hooker

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November 17, 2013

By Frank Daniels III Tick, tick, tick another month has passed, 120 days in total, and still no decision from the special supreme court on Hooker vs. Haslam. But that does not mean there hasnt been a lot of conversation outside of the deliberations. The idea that the Tennessee Plan makes our judiciary nonpolitical took a bonk on the nose this month when Chief Justice Gary Wade and Charles D. Susano Jr., presiding judge of the Court of Appeals, weighed in on the preliminary recommendations of the Tennessee Judicial Performance Evaluation Commission, which gave initial negative recommendations to three appellate judges who face retention elections next August. In an interview with Knoxville News-Sentinel reporter Tom Humphrey, Wade was critical of the evaluation commission process that resulted in preliminary negative recommendations for Court of Appeals Judge Andy Bennett and Court of Criminal Appeals Judges Camille R. McMullen and Jerry L. Smith. Susano was critical only of the preliminary vote on Bennett. Wade said that the commissions criteria were highly subjective, a characterization disputed by commission member Chris Clem, a Chattanooga attorney and former Republican representative, who said members looked at how quickly judges ruled on cases, surveys from other judges on their performance, and their behavior in interviews before the commission. The recommendations will not be finalized until Dec. 6. Judges with negative recommendations can still run, but could face actual opposition versus a stay-or-go vote for those who pass commission muster. Two commission members avow that their votes were not political. Clem said, I can tell you absolutely that wasnt considered by anybody on the commission. If anybody there is partisan, Im partisan. And it never came up. It was just on their merits. Henrietta Grant, a Democrat who has served on the commission for 12 years, said, I have no idea who the Republicans are or Democrats are; it was all based strictly on the data. Fair enough. The question we still have to ask is why do these http://tncourts.gov/boards-commissions/boardscommissions/judicial-performance-evaluation-commission" alt="" title="" target="_blank">nine citizens, four of whom are appointed by the lieutenant governor, four by the speaker, and one jointly, get to determine who faces opposition or who skates? The idea of a trusted group of fellow Tennesseans giving us their evaluation of the appellate judges is welcome, but having their, and only their, thinking determine who we get to vote on in a general election is central to the problems the Tennessee Plan presents. http://www.youtube.com/watch?v=K-vNRO5jK8s" alt="" title="" target="_blank">Lt. Gov. Ron Ramsey was refreshingly candid in a Nov. 5 chat with reporters: I do think that what we are doing now is against the constitution, which says that judges should be elected by qualified voters of the state. They should be elected by qualified voters of the state and that needs to be taken out, he said in his conversation about the 2014 constitutional amendment that would finally make the Tennessee Plan

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legal. Ramsey said he liked the Tennessee Plan because it gives him, and Speaker Beth Harwell, significant power over who becomes an appellate judge in Tennessee. Until authorization expired in June, they each appointed eight members of the Judicial Nominating Commission, which selects which judges are sent before the governor for his appointment to a vacant seat on the Courts of Appeal and the state Supreme Court. Ramsey was quite clear that he has no qualms about lobbying his appointees on behalf of his favored candidates. We might wonder if he has any qualms about the oath he swore when he took office? I, Ron Ramsey, do solemnly swear (affirm) that I will support the Constitution and laws of the United States and the Constitution and laws of the State of Tennessee and that I will faithfully and impartially discharge the duties of my office.

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