INTHECIRCUITCOURTFORDAVIDSONCOUNTY,TENNESSEEATNASHVILLE

HOOKER,BRUMIT,&GOTTLIEB: JOHNJAYHOOKER,twicetheDemocraticnomineefor Governor,onbehalfofhimselfandunderthe Attorneysoathandallqualified votersbothwomen andmenseekingadeclaratoryjudgmentregarding theunlawfulappointmentofthevariousmembers oftheJudicialPerformanceEvaluation Commission,appointedbyLtGov.RonRamsey andHouseSpeakerBethHarwell. WALTERBRUMIT,aRepublican,andFriendoftheConstitution, qualifiedvoter, father/child/familyadvocate cofounder,1995DadsAgainstDiscrimination, litigantseekingrighttoappearbefore TheCommission, ANTHONYGOTTLIEB,anIndependentandFriendofthe Constitution,qualifiedvoter,and formerPresident/BoardMember DadsAgainstDiscrimination Publicadvocate, ApplicantsforDeclaratoryJudgment v. (5men0women) LT.GOV.RONRAMSEY HOUSESPEAKERBETHHARWELL (3men2women) (Appointingauthoritiesforthemembersofthe JudicialPerformanceEvaluationCommission) ChairHon.RobertL.Jones Columbia,TN ViceChairMichaelE.Tant Franklin,TN ChristopherClem,Esq. Chattanooga,TN HenriettaGrant Knoxville,TN J.GregoryGrisham,Esq. Memphis,TN Hon.RobertMontgomery,Jr. Blountville,TN Hon.J.MichaelSharp Cleveland,TN RenataSoto Nashville,TN JosephA.Woodruff,Esq. Nashville,TN (TwoFemalesandSevenMales) GeneralCounsel:DavidHaines,Esq. SecretaryofStateTreHargett GovernorBillHaslam AttorneyGeneralRobertCooper (ExcludingJudgesCamilleMcMullenandAndyBennett) (OnbehalfoftheAttorneyGeneralsoffice andonbehalfofallRespondentsincluding allJudgesapprovedtobeRetentionElected bytheCommission), Respondents/Defendants.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )CaseNo.__________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

 APPLICATIONFORADECLARATORYJUDGMENTANDANINJUNCTION

AN APPLICATION FOR A DECLARATORY JUDGMENT UNDER T.C.A. 2914101 et seq. and the Rules of Civil Procedure, Rule 57 regarding the unlawful appointment of various members of the Judicial PerformanceEvaluationCommission,underT.C.A174101etseq.,TCA174201(b)(6),SupremeCourt Rule27 as theseprovisionsrelateto theAppointment ofvarious memberswhichdiscriminateagainst femalesof theJudicial PerformanceEvaluationCommission[knownhereinafteras theCommission] and the unlawful appointments and the unlawful acceptance of said appointments by various Commissioners in violation of the gender population approximation requirements of the aforesaid provisions; AND an order requiring the Respondents to respond within 10 days and an order under Rules of Civil ProcedureRule57settingahearinginthismatterin15days; AND an injunction prohibiting any further meetings or discussions by the Chairman or Commission members, until the Commission is properly constituted in accordance with TCA 174201(b)(6) and SupremeCourtRule27,2.02,2.03regardingRetentionElectionappointmentsordenialofaRetention Election appointment and regarding any Judicial Retention Election Applications, until a decision is renderedinthisDeclaratoryJudgmentapplication; AND an application for a Declaratory Judgment that the Commission be required, under the aforesaid provisions to accept in writing submissions from Qualified Voters and or litigants to the Commission challenging various Judges who seek to be Retention Elected and a Declaratory Judgment requiring the Commission to permit comments from qualified voters to address the Commission orally, in person,underARTICLEI1,23andARTICLEXI16oftheTennesseeConstitution; AND an application for the Governor Bill Haslam, Lt. Governor Ron Ramsey and the House Speaker Beth Harwell to disclose in this matter under their oath to support the Constitution, under ARTICLE X 1 & 2, whether they publicly or privately have claimed that the Retention Election Statute is constitutionalorunconstitutional; AND an application for a declaratory Judgment that each member of the Commission under their oaths of office make an individual determination in writing as to the constitutionality of the Retention ElectionStatute,beforeexercisinganypowersundertheaforesaidprovisions; AND a declaratory judgment under ARTICLE I 19, and or otherwise regarding the confidentiality provisions, the Commission deliberations under Supreme Court Rule 27 Section 6., in the Public Interest; AND adeclaratoryJudgmentastotheConstitutionalityoftheRetentionElectionStatute,TCA174201and Supreme Court Rule 27 and the so called inherent power of the Supreme Court under ARTCLE I 1 or otherwisedeclaringallpowerisinherentinthepeople. 2

BACKGROUND 1) The Retention Election Statute TCA 174101 et seq., TCA 174201, and Supreme Court Rule 27 are existing Constitutional, statutory and Rule provisions, in full force and effect, under which the Commission, under their oaths of office as Judges, and or under their attorneys oaths, and or under Article X 1, is operating. Under said provisions the aforementioned Defendants, Lt. Governor Ron Ramsey and Speaker Beth Harwell have made appointments, notwithstanding both Speakers have both publicly and privately claimed that the Retention Election Statute is unconstitutional, of various appointments to the Commission. Lt. Gov. Ramsey appointed only male members to the Commission and Speaker Harwell joined with Lt Gov Ramsey in appointing Chairman Jones notwithstanding the gender imbalance. The Defendant Commission members, accepted said appointments in violation of certain of the aforesaid provisions requiring two female appointments to the Commission by Lt. Governor Ron Ramsey, in violation of their Oaths of Office under ARTICLE X 1. The Commission members thereby discriminated against the female voters of the State who are not properlyrepresentedontheCommission. 2) The Commission comprised of seven males and two females, notwithstanding the fact

that the majority of citizens of Tennessee are female, in violation of TCA 174201(b)(6), have taken certain action in a series of meetings, conducted by Chairman Robert L. Jones, attended by all or virtually all of the members, either in person or otherwise, of the Commission, at which meetings various Commission members did unlawfully authorize, in violation of their oaths of office under ARTICLE X 1, and in the instance of Lawyers, their Attorneys oath when they issued preliminary, favorable evaluations of twenty Judges and unfavorable evaluations of three Judges. Of the Twenty nineappellateJudges,sixJudgesareretiringanddidnotseekevaluation. 3) The applicants for Declaratory Judgment, Hooker a Democrat, Brumit a Republican, and Gottlieb an Independent, attended the public meeting of the Commission on Friday, December 6th 2013, in an effort to advise the Commission of the selfserving conduct, by members of the Supreme Court, in cases before them, when the Judges had an interest in the subject matter of the recusal motion involving Hooker and Brumit in violation of the Code of Judicial Conduct, and the Official Oppression and Official Misconduct Statutes their oaths of office and ARTICLE VI 11 regarding the disqualification,ofsaidJudges. 4) However, the request to be heard, in furtherance of the letters to the General Counsel

Haines, by said applicants, in accordance with their constitutional rights under ARTCLE I 1 and ARTICLE I 23, and ARTICLE XI 16, was ruled out of order by the distinguished Chairman Robert L. Jones notwithstanding the fact that the Chairman, under the Code of Judicial Conduct must know that theCommissionissittingdefactoandnotdejureandthattheCommissionisnotrepresentativeofthe 3

electorate and therefore that the Commission sits in violation of its own rules, without giving the applicants an opportunity to explain on the record before the Commission, subject to inquiry, by the Commissioners, why they had a constitutional right, as well as the right under the statutory and Supreme Court rules, governing the actions of the Commission, to be heard. This circumstance among othersoccasionsthislawsuittoprotecttheintegrityoftheConstitution. 5) Attached hereto are public statements made by Lt. Governor Ramsey on various

occasions regarding the constitutionality of the Retention Election Statute, TCA 174101 et seq. and, TCA 174201 under which, Lt. Gov. Ramsey and Speaker Harwell appointed seven men and two women, in violation of, TCA 174201(b)(6); Supreme 27; 2.02, 2.03, and their oaths office as Legislators, notwithstanding that Lt. Gov. Ramsey claimed that the, Constitution must not be ignored. 6) This application for Declaratory Judgment and an Injunction, does not directly involve

the issues, in the Hooker vs. Haslam case presently pending before the Special Supreme Court. However, it does involve Governor Haslams oath to see the laws are faithfully executed ARTICLE III 10, regarding the facts that the Commission is sitting in violation TCA 174201(b)(6) and Supreme CourtRule27;2.02,2.03,regardingraceandgender. ARGUMENT 1) The RetentionElection Statute which provides for the appointment of Judges as of Sept 1st in instances where sitting Judges do not seek reelection, by the Governor, in lieu of an election by the qualified voters, on the first Thursday in August, as is required under Article VI 3, 4 and Article VII 4, 5 is unconstitutional, as Lt. Governor Ramsey likewise says, as did Commissioner Clem in effect at the December 6, 2013, Commission meeting. The statute cancels the election of Judges otherwise mandated by those provisions which circumstance has not yet been ruled upon by any TennesseeCourt. 2) Furthermore, the statute provides that the Judicial Performance Evaluation members

shall be appointed in accordance with race and gender population requirements, notwithstanding the fact that Lt. Governor Ramsey failed to appoint a single female to the Commission when the provision mandated that the appointment of members be in accordance with an approximation of the population. As a consequence the Commission is imbalanced and cannot properly represent the qualified voters of the State of Tennessee, which destroys the purpose of the Commission. This unlawfulconductoccasionsthislawsuit,whichchallengesthecompositionoftheCommissionbecause it discriminates against the female voters of the State who are not lawfully represented on the Commission. 4

3)

Consequently, the Qualified Voters of this State are dependent upon this honorable

Court to enjoin the actions of the Commission so as to provide the Qualified Voters with the safeguards built into the aforesaid provisions. These provisions require that applicants for Retention Election shall be judged by commissioners who are representative of the voting public in accordance with the aforesaid race and gender population approximation required TCA 174201(b)(6) and SupremeCourtRule27;2.02,2.03. 4) As to the confidentiality provision, the Qualified Voters need the vigilance of the

working press under the First Amendment, and ARTICLE I 19 of the Tennessee Constitution, to oversee the Commission in their deliberations respecting their procedures and any information given to the Commission which can affect the question of whether Judges shall be subject to Retention, or deniedRetentionElection. RELIEF 1) ThislitigantlawyerHookeraDemocrat,undertheAttorneysOath,BrumitaRepublican,

and Gottlieb an Independent, all three Friends of the Constitution and, for the Qualified voters of the StateofTennesseeprayforthisHonorableCourttoissueaDeclaratoryJudgmentdeterminingthatthe Commission is improperly constituted, in violation of the aforesaid requirements involving race and gender. Consequently, all recommendations heretofore made by the Commission, must be held null andvoidasthecommissionisinviolationofitsownrulesandspecificmandatesoftheLegislature; 2) ThislitigantlawyerHookeraDemocrat,undertheAttorneysOath,BrumitaRepublican,

and Gottlieb an Independent, all three Friends of the Constitution and, for the Qualified voters pray that the Court enjoin further actions or discussions by the Commission, and its members, until the Commission is properly appointed and hold void the preliminary recommendations it had heretofore made; 3) ThislitigantlawyerHookeraDemocrat,undertheAttorneysOath,BrumitaRepublican,

and Gottlieb an Independent, all three Friends of the Constitution and, for the Qualified voters pray that the Court will declare the Retention Election Statute unconstitutional, as it provides for appointmentsbytheGovernortotakeeffectonSeptember1storthereafterinsituationswheresitting judges do not seek reelection, in violation of ARTICLE VII 4 and 5 under which elections must be held,ontheFirstThursdayinAugustbeginningin1870andeveryeightyearsthereafter; 4) ThislitigantlawyerHookeraDemocrat,undertheAttorneysOath,BrumitaRepublican,

and Gottlieb an Independent, all three Friends of the Constitution, and for the Qualified voters pray that this Honorable Court in this matter involving the Highest Public Interest will require the respondentstorespondwithin10daysandthatahearingbesetwithin15days; 5

5)

ThislitigantlawyerHookeraDemocrat,undertheAttorneysOath,BrumitaRepublican,

andGottliebanIndependent,allthreeFriendsoftheConstitution,andforthequalifiedvotersprayfor anyfurtherreliefthatthisHonorableCourtmaydeemappropriatetosecuretherightsofthequalified voters of Tennessee under the Constitution and the Rule of Law, including an order that each of the Defendants, under their oath of office to support the Constitution, declare and disclose, through the Attorney General, whether each of the Defendants claim that the Retention Election Statute is constitutionalorunconstitutional. Respectfullysubmitted:

_____________________________ JOHNJAYHOOKER,ProSeBPR#005118 115WoodmontBlvd. Nashville,Tennessee37205 Phone(615)2696558 Cell(615)4796531 Fax(615)3836036 johnjayhooker@hpeprint.com __________________________ WALTERBRUMIT,ProSe 30EastDaleCourt GreenevilleTN37745 Phone4238230157 Fax8663660043 waltbrumit@aol.com _________________________ ANTHONYGOTTLIEB,ProSe POBox1770 HendersonvilleTN37077 Phone6158249439 Fax6152626050 tonygottlieb@aol.com

 ADDENDUM Tenn.Const.Art.I,1 That all power is inherent in the people, and all free governments are founded on their authority,andinstitutedfortheirpeace,safety,andhappiness;fortheadvancementofthoseendsthey have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in suchmannerastheymaythinkproper. Tenn.Const.Art.I,19 That the printing press shall be free to every person to examine the proceedings of the Legislature;orofanybranchorofficerofthegovernment,andnolawshalleverbemadetorestrainthe rightthereof.Thefreecommunicationofthoughtsandopinions,isoneoftheinvaluablerightsofman and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers,ormeninpubliccapacity,thetruththereofmaybegiveninevidence; andinallindictmentsfor libel,thejuryshallhavearighttodeterminethelawandthefacts,underthedirectionofthecourt,asin othercriminalcases. Tenn.Const.Art.I,23 That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government forredressofgrievances,orotherproperpurposes,byaddressofremonstrance. Tenn.Const.Art.III,10 Heshalltakecarethatthelawsbefaithfullyexecuted. Tenn.Const.Art.VI,3 The judges of the Supreme Court shall be elected by the qualified voters of the state. The Legislature shall have power to prescribe such rules as may be necessary to carry out the provisions of section two of this article. Every judge of the Supreme Court shall be thirtyfive years of age, and shall before his election have been a resident of the state for five years. His term of service shall be eight years. Tenn. Const. Art. VI, 4. The Judges of the Circuit and Chancery Courts, and of other Inferior Courts, shall be elected by the qualified voters of the district or circuit to which they are to be assigned. Every judge of such courts shall be thirty years of age, and shall before his election, have been a resident of thestateforfiveyears,andofthecircuitordistrictoneyear.Histermofserviceshallbeeightyears. Tenn. Const. Art. VI, 11. No judge of the Supreme or Inferior Courts shall preside on the trial of any causeintheeventofwhichhemaybeinterested,orwhereeitherofthepartiesshallbeconnectedwith him by affinity of consanguinity, within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in any Inferior Court, except by consent of all the parties. In case all or any of the judges of the Supreme Court shall thus be disqualified from presiding on the trial of any cause or causes, the court or the judges thereof, shall certify the same to the governor of the state, and he shall forthwith specially commission the requisite number of men, of law knowledge, for the trial and determination thereof. The Legislature may by general laws make provisionthatspecialjudgesmaybeappointed,toholdanycourtsthejudgeofwhichshallbeunableor failtoattendorsit;ortohearanycauseinwhichthejudgemaybeincompetent. Tenn.Const.Art.VII,4. 7

 Theelectionofofficers,andthefillingofallvacanciesnototherwisedirectedorprovidedbythis Constitution,shallbemadeinsuchmannerastheLegislatureshalldirect. Tenn.Const.Art.VII,5. Elections for judicial and other civil officers shall be held on the first Thursday in August, one thousand eight hundred and seventy, and forever thereafter on the first Thursday in August next precedingtheexpirationoftheirrespectivetermsofservice.Thetermofeachofficersoelectedshallbe computed from the first day of September next succeeding his election. The term of office of the governor and other executive officers shall be computed from the fifteenth of January next after the election of the governor. No appointment or election to fill a vacancy shall be made for a period extending beyond the unexpired term. Every officer shall hold his office until his successor is elected or appointed, and qualified. No special election shall be held to fill a vacancy in the office of judge or district attorney, but a the time herein fixed for the biennial election of civil officers, and such vacancy shallbefilledatthenextbiennialelectionrecurringmorethanthirtydaysafterthevacancyoccurs. Tenn.Const.Art.X,1. Everypersonwhoshallbechosenorappointedtoanyofficeoftrustorprofitunderthis Constitution,oranylawmadeinpursuancethereof,shall,beforeenteringonthedutiesthereof,takean oathtosupporttheConstitutionofthisstate,andoftheUnitedStates,andanoathofoffice. Tenn.Const.Art.X,2. Each member of the Senate and House of Representatives, shall before they proceed to business take an oath or affirmation to support the Constitution of this state, and of the United States and also the following oath: I_____________do solemnly swear (or affirm) that as a member of this General Assembly, I will, in all appointments, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to anybill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing, whatever, that shall have a tendency to lessen or abridge their rightsandprivileges,asdeclaredbytheConstitutionofthisstate. Tenn.Const.Art.XI,16 ThedeclarationofrightsheretoprefixedisdeclaredtobeapartoftheConstitutionofthestate, and shall never be violated on any pretense whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of thegeneralpowersofthegovernment,andshallforeverremaininviolate. Tenn.CodeAnn.291101(2013) TheprovisionsofthisCoderelatingtoinjunctions,appointmentofreceivers,andother extraordinaryprocess,applyequallytoequityproceedingsinanycourt Tenn.CodeAnn.174101(2013) Itisthedeclaredpurposeandintentofthegeneralassemblybythepassageofthis chapterto: (1)Assistthegovernorinfindingandappointingthebestqualifiedpersonsavailablefor serviceontheappellatecourtsofthisstate,andtoassisttheelectorateofthisstateinelecting thebestqualifiedpersonstothecourts; (2)Betterinsulatethejudgesofthecourtsfrompoliticalinfluenceandpressure; (3)Improvetheadministrationofjustice; 8

(4)Enhancetheprestigeofandrespectforthecourtsbyminimizingthenecessityofpolitical activitiesbyappellatejudges;and (5)Makethecourtslesspolitical. Tenn.CodeAnn.174201(2013) 174201.Judicialperformanceevaluationprogram. (a)(1)Byrule,thesupremecourtshallestablishajudicialperformanceevaluationprogramfor appellatecourtjudges.Thepurposeoftheprogramshallbetoassistthepublicinevaluatingthe performanceofincumbentappellatecourtjudges.Thejudicialperformanceevaluation commission,establishedpursuanttosubsection(b),shallperformtherequiredevaluations.The commissionshallmakearecommendationeither"forretention"or"forreplacement"ofeach appellatecourtjudge;provided,thatthecommissionshallnotevaluateormakeanyretention recommendationwithregardtoanyappellatejudgewhosetermofofficeisabbreviated becauseofdeath,resignationorremoval.Furthermore,thecommissionshallnotincludewithin thefinalreport,publiclydisclosedpursuanttosubsection(c),anevaluationorretention recommendationforanyappellatejudgewhosetermofofficeisabbreviatedbecauseofdeath, resignationorremovalorwhofailstotimelyfileadeclarationofcandidacyasrequiredby17 4114(a)or174115(a),unlessthejudgeisacandidateforanotherofficesubjecttoevaluation underthissection. (2)Ifanincumbentappellatejudgeholdsofficeforone(1)yearormoreprecedingthe deadlineforfilingtherequireddeclarationofcandidacyforeitheranunexpiredtermorafull eightyearterm,thenevaluationproceduresshallbebasedontheresultsofanyevaluations performedthroughoutthejudge'sserviceontheappellatebench,evaluationsurveys,personal informationcontainedinanapprovedselfreportingformandsuchothercommentsand documentsasthecommissionreceivesfromanyotherreliablesource.However,ifan incumbentjudgeholdsofficeforlessthanone(1)yearprecedingthedeadline,thenevaluation proceduresshallbebasedonpersonalinformationcontainedintheselfreportingform,the judge'sapplicationtothejudicialnominatingcommissionandsuchothercommentsand documentsasthecommissionreceivesfromanyotherreliablesource. (3)Informationcollectedpursuanttosubdivision(a)(2)shallbeconfidentialandshallbe publiclydisclosedonlyinthemannerpermittedbysubsection(c).Uponrequest,eachmember ofthejudicialperformanceevaluationcommissionshallbegivencompleteaccesstoany individualsurvey,form,application,commentanddocumentsubmitted,conveyedorcompiled forthepurposeofjudicialevaluation;however,eachsuchmembermustprotectthe confidentialityoftheinformationaswellastheanonymityofsurveyrespondents. (4)(A)Atleastthirty(30)dayspriortothedeadlineforfilingadeclarationofcandidacy requiredby174114(a)(1)or174115(a)(1),thejudicialperformanceevaluation commissionshallprovideanincumbentappellatejudgewithadraftofthecommission's evaluationandshallprovidethejudgewithareasonableopportunitytocommentorrespond eitherpersonallyorinwriting. (B)Assoonasisreasonablypracticableunderthecircumstances,butnotlessthanthree(3) dayspriortothedeadlineforfilingadeclarationofcandidacyrequiredby174114(a)(2)or 174115(a)(2),thejudicialperformanceevaluationcommissionshallprovideanincumbent appellatejudgewithadraftofthecommission'sevaluationandshallprovidethejudgewitha reasonableopportunitytocommentorrespondeitherpersonallyorinwriting. 9

(b)(1)Thejudicialperformanceevaluationcommissionshallbecomposedofnine(9)members. (2)Thespeakerofthesenateshallappointfour(4)ofthemembers,ofwhomone(1)shallbea statecourtjudge,two(2)shallbeattorneymembersandone(1)shallbeanonattorney.No morethantwo(2)ofthoseappointedshallresideinthesamegranddivision. (3)Thespeakerofthehouseofrepresentativesshallappointfour(4)ofthemembers,of whomone(1)shallbeastatecourtjudge,one(1)shallbeanattorney,andtwo(2)shallbenon attorneymembers.Nomorethantwo(2)ofthoseappointedshallresideinthesamegrand division. (4)Thespeakerofthesenateandthespeakerofthehouseofrepresentativesshalljointly appointone(1)statecourtjudge. (5)Thesupremecourt'sevaluationproceduremaypermitthejudicialperformanceevaluation commissiontoperformanevaluationwithlessthanthefullmembershipinpanels,butthefull commissionshallapprovetheevaluation. (6)Theappointingauthoritiesforthejudicialperformanceevaluationcommissionshallmake appointmentsthatapproximatethepopulationofthestatewithrespecttoraceandgender.In appointingattorneystothecommission,thespeakersshallreceive,butshallnotbeboundby, recommendationsfromanyinterestedpersonororganization. (7)Tostaggerthetermsofjudicialperformanceevaluationcommissionmembers,beginning July1,2009,thethree(3)nonattorneymembersonthecommissionshallservesixyear transitionterms,thethree(3)statecourtjudgesonthecommissionshallservefouryear transitionterms,andthethree(3)attorneymembersonthecommissionshallservetwoyear transitionterms.Attheconclusionofthetransitionterms,eachregulartermofacommission membershallbesix(6)years.Avacancyonthecommissionshallbefilledinthesamemanner astheoriginalappointmentfortheremainderoftheunexpiredterm. (8)Nocommissionmembershallservemorethantwo(2)terms,includinganypartialterm. (9)Amemberofthejudicialperformanceevaluationcommissionisnoteligibletoseekan appellatejudgeshipthatbecomesavailableasaresultof,orrelatedto,thecommission's recommendationforreplacementofanincumbentappellatejudgeassetoutinsubsection(a). (c)(1)Thejudicialperformanceevaluationprogramshallrequirepublicationanddisclosureofa finalreport.Thefinalreportshallnotincludeanyindividualrecordorevaluation,butmay include,foreachappellatejudge,theindividualfinalscoresforthesurveyresults.Thefinal reportshallbemadeavailableforpublicinspectiononthefirstThursdayinMarchprecedingthe regularAugustelection.OnthefirstSundayinJulyprecedingtheregularAugustelection,the finalreportshallbepublishedinadailynewspaperofgeneralcirculationintheTriCitiesarea, Knoxville,Chattanooga,Nashville,JacksonandMemphis.Thefinalreportforeachappellate courtjudgemaynotexceedsixhundred(600)words. (2)Assoonasisreasonablypracticableunderthecircumstances,inordertoassistthepublicin electingthebestqualifiedpersonstotheappellatecourts,thecommissionshallcause supplementalfinalreportstobepublishedasmaybenecessitatedbythefilingofdeclarations ofcandidacy,requiredby174114(a)(2)or174115(a)(2). (d)Thejudicialperformanceevaluationprogram,includingthepublicreportandtheballot 10

information,shallapplytoeachappellatecourtjudgewhoseekstoserveacompletetermafter July1,2009. TCA3916402.Officialmisconduct. (a)Apublicservantcommitsanoffensewho,withintenttoobtainabenefitor toharmanother,intentionallyorknowingly: (1)Commitsanactrelatingtotheservant'sofficeoremploymentthat constitutesanunauthorizedexerciseofofficialpower; (2)Commitsanactundercolorofofficeoremploymentthatexceedsthe servant'sofficialpower; (3)Refrainsfromperformingadutythatisimposedbylaworthatisclearly inherentinthenatureofthepublicservant'sofficeoremployment; (4)Violatesalawrelatingtothepublicservant'sofficeoremployment;or (5)Receivesanybenefitnototherwiseauthorizedbylaw. (b)Forpurposesofsubdivision(a)(2),apublicservantcommitsanactunder colorofofficeoremploymentwhoactsorpurportstoactinanofficialcapacityortakes advantageoftheactualorpurportedcapacity. (c)Itisadefensetoprosecutionforthisoffensethatthebenefitinvolvedwasa trivialbenefitincidentaltopersonal,professionalorbusinesscontact,andinvolvedno substantialriskofunderminingofficialimpartiality. (d)AnoffenseunderthissectionisaClassEfelony. (e)Chargesforofficialmisconductmaybebroughtonlybyindictment, presentmentorcriminalinformation;provided,thatnothinginthissectionshalldenyaperson frompursuingothercriminalchargesbyaffidavitofcomplaint. 3916403.Officialoppression. (a)Apublicservantactingundercolorofofficeoremploymentcommitsan offensewho: (1)Intentionallysubjectsanothertomistreatmentortoarrest,detention, stop,frisk,halt,search,seizure,dispossession,assessmentorlienwhenthepublicservant knowstheconductisunlawful;or (2)Intentionallydeniesorimpedesanotherintheexerciseorenjoymentof anyright,privilege,powerorimmunity,whenthepublicservantknowstheconductisunlawful. (b)Forpurposesofthissection,apublicservantactsundercolorofofficeor employmentifthepublicservantacts,orpurportstoact,inanofficialcapacityortakes advantageoftheactualorpurportedcapacity. (c)AnoffenseunderthissectionisaClassEfelony. (d)Chargesforofficialoppressionmaybebroughtonlybyindictment, presentmentorcriminalinformation;provided,thatnothinginthissectionshalldenyaperson frompursuingothercriminalchargesbyaffidavitofcomplaint. SUPREMECOURTRule6:AdmissionofAttorneys. (4)Eachapplicantforadmissionshalltakethefollowingoath: I,___________,dosolemnlyswearoraffirmthatIwillsupporttheConstitutionoftheUnited StatesandtheConstitutionoftheStateofTennessee,andthatIwilltrulyandhonestlydemean myselfinthepracticeofmyprofessiontothebestofmyskillandabilities,sohelpmeGod. 11

SUPREMECOURTRule27:JudicialPerformanceEvaluationProgram. Section1.StatementofPurpose. 1.01.TheworkofTennessee'sappellatejudgestouchesthelivesofeveryonewholivesand worksinTennessee.ThequalityofjusticeavailableinTennessee'sappellatecourtshinges,in largemeasure,ontheperformanceofthejudgeswhoadministerthesystem.Accordingly,the public,thebar,andthejudicialsystemhaveavitalinterestinaresponsiveandrespected appellatejudiciary. 1.02.Tennessee'sappellatejudiciaryconsistsofpersonswhostrivetoadministerjusticetothe bestoftheirabilitiesandtodischargethedutiesoftheirofficesimpartiallyandefficiently. Tennessee'sappellatejudgesalsoshareincommonacommitmenttoimprovetheirownjudicial skillsandtoimprovethequalityofjusticeadministeredbyTennessee'sappellatecourts. 1.03.ImprovingtheadministrationofjusticeinTennessee'sappellatecourtscanbestbe accomplishedbyinstitutingaprogramofcontinuousselfimprovementthathasthebroad basedsupportofTennessee'sappellatejudgesandattorneysandempowerstheappellate judges,withtheassistanceoftheirpeers,toenhanceandtobroadentheirownjudicialskills. 1.04.TheTennesseeGeneralAssemblyhasenactedlawsthatestablishameritbasedprocess forselectingandretainingthemembersofTennessee'sthreeappellatecourts.Topromote informedretentiondecisions,Tenn.CodeAnn.174201(c)requirestheJudicialPerformance EvaluationCommissiontopublishreportsconcerningeachappellatejudgeseekingelectionto anunexpiredtermorelectionorreelectiontoafulleightyearterm.Inadditiontoitsprimary purposeofselfimprovement,theJudicialPerformanceEvaluationProgrammustprovide informationthatwillenabletheJudicialPerformanceEvaluationCommissiontoperform objectiveevaluationsandtoissuefairandaccuratereportsconcerningeachappellatejudge's performance. 1.05.InTenn.CodeAnn.174201(a)(1),theTennesseeGeneralAssemblyhasgiventhe TennesseeSupremeCourttheresponsibilitytopromulgatearuleestablishingthejudicial performanceevaluationprogramforappellatejudges. Section2.JudicialPerformanceEvaluationProgram. 2.01.InaccordancewiththisCourt'sinherentsupervisoryauthorityoverthecourtsystemand thejudges,andpursuanttoTenn.S.Ct.R.11,Tenn.CodeAnn.163501andTenn.CodeAnn. 174201(a)(1),thereisherebyestablishedaJudicialPerformanceEvaluationProgramaspart ofthejudicialbranchofstategovernment. 2.02.TheJudicialPerformanceEvaluationProgramshallbeadministeredbytheJudicial PerformanceEvaluationCommissionestablishedbyTenn.CodeAnn.174201(b). 2.03.TheJudicialPerformanceEvaluationCommissionshallhavetheresponsibilityforthe design,theimplementation,andthedaytodayoperationoftheJudicialPerformance EvaluationProgram.TheCommission'sdecisionsshallbeconsistentwiththisrule,andthe Commissionhasnopowertowaiveortomodifyanyprovisionofthisrule. 2.04.TheJudicialPerformanceEvaluationCommissionshallbeadministrativelyattachedtothe AdministrativeOfficeoftheCourts,butforallpurposesotherthanadministration,itshallbe consideredindependentoftheAdministrativeOfficeoftheCourts.TheAdministrativeOfficeof theCourtsshallprovidestaffassistancetotheCommission,andtheCommissionmay,tothe extentthatfundsareavailable,retainotherexpertsandconsultantstoassistwithanypartofits duties. 12

 2.05.(a)AllevaluationsandfinalreportsmustbeapprovedbytheJudicialPerformance EvaluationCommission,buttheCommissionmay,initsdiscretion,usepanelstoprepareinterim orpreliminaryreportsorrecommendationsforconsiderationbythemembershipofthe Commission. (b)Five(5)membersoftheJudicialPerformanceEvaluationCommissionshallconstitutea quorumforthetransactionofanybusinesstocomebeforetheCommissionexceptforthefinal decisiontorecommendtheretentionorreplacementofanappellatejudge.Withregardtothe recommendationtoretainortoreplaceanappellatejudge,thequorumshallbeseven(7)or moreCommissionmembers,andtherecommendationeithertoretainortoreplacean appellatejudgeshallrequiretheassentoffive(5)ormoremembers. (c)ACommissionmemberwhoisunavoidablyabsentfromanymeetingoftheCommissionmay participatebyteleconferenceorbyvideoconferenceifthesefacilitiesare reasonablyavailable.Commissionmembersparticipatingbyteleconferenceorvideoconference shallbeconsideredpresentforthepurposeofestablishingaquorum. Section3.EvaluationCriteria. 3.01.Appellatejudgesshallbeevaluatedbasedonthefollowingspecificcriteria: (A)Integrity.Inadditiontootherappropriateperformancemeasures,theCommissionshall consider: (1)avoidanceofimproprietyandappearanceofimpropriety; (2)freedomfrompersonalbias; (3)abilitytodecideissuesbasedonthelawandthefactswithoutregardtotheidentityofthe partiesorcounsel,orthepopularityofthedecisionandwithoutconcernfororfearofcriticism; (4)impartialityofactions;and (5)compliancewiththeCodeofJudicialConductcontainedinTenn.S.Ct.R.10. (B)Knowledgeandunderstandingofthelaw.Inadditiontootherappropriateperformance measures,theCommissionshallconsider: (1)understandingofsubstantive,procedural,andevidentiarylaw; (2)attentivenesstofactualandlegalissuesbeforethecourt;and (3)properapplicationofjudicialprecedentsandotherappropriatesourcesofauthority. (C)Abilitytocommunicate.Inadditiontootherappropriateperformancemeasures,the Commissionshallconsider: (1)clarityofbenchrulingsandotheroralcommunications; (2)qualityofwrittenopinionswithspecificfocusonclarityandlogic,andtheabilitytoexplain clearlythefactsofthecaseandthelegalprecedentsatissue;and (3)sensitivitytotheimpactofdemeanorandothernonverbalcommunications. (d)Preparationandattentiveness.Inadditiontootherappropriateperformancemeasures,the Commissionshallconsider: (1)judicialtemperament,includingcourtesytoallpartiesandparticipants;and (2)willingnesstopermiteverypersonlegallyinterestedinaproceedingtobeheard,unless precludedbylaworrulesofcourt. 13

(e)Servicetotheprofessionandthepublic.Inadditiontootherappropriateperformance measures,theCommissionshallconsider: (1)efficientadministrationofcaseload; (2)attendanceatandparticipationinjudicialandcontinuinglegaleducationprograms; (3)participationinorganizationswhicharedevotedtoimprovingtheadministrationofjustice; (4)effortstoensurethatthecourtisservingthepublicandthejusticesystemtothebestofits abilityandinsuchamannerastoinstillconfidenceinthecourtsystem;and (5)serviceinleadershippositionsandwithintheorganizationsofthejudicialbranchof government. (f)Effectivenessinworkingwithotherjudgesandcourtpersonnel.Inadditiontoother appropriateperformancemeasures,theCommissionshallconsider: (1)exchangingideasandopinionswithotherjudgesduringthedecisionmakingprocess; (2)commentingontheworkofcolleagues; (3)facilitatingtheperformanceoftheadministrativeresponsibilitiesofotherjudges;and (4)workingeffectivelywithcourtstaff. Section4.EvaluationProcedureforAppellateJudges. 4.01.TheJudicialPerformanceEvaluationProgramshallincludetheregularevaluationofthe performanceofappellatejudges.Theevaluationsshallbecarriedoutusingprofessionally acceptedmethodstoprovideobjectiveandreliableevaluationsandtoreducetheriskofunfair ratingsandstatisticalcomparisons.Evaluationsshallbebasedonsufficientdatatoensurethe statisticalreliabilityoftheevaluationinformation. 4.02.TheJudicialPerformanceEvaluationProgramforappellatejudges,inadditiontobeing usedforselfimprovementpurposes,shallalsobeusedfortheevaluationrequiredofappellate judgesseekingelectiontoanunexpiredtermorelectionorreelectiontoafulleightyearterm underTenn.CodeAnn174201(b). Section5.EvaluationProcedureforAppellateJudgesforRetentionRecommendations. 5.01.TheJudicialPerformanceEvaluationCommissioncreatedbyTenn.CodeAnn.174 201(b)shallperformevaluationsofallappellatejudgesseekingelectiontoanunexpiredtermor orelectionorreelectiontoafulleight(8)yeartermforthepurposeofaidingthepublicin evaluatingtheperformanceoftheappellatejudgesinaccordancewiththeprovisionsofthis rule. 5.02.(a)TheJudicialPerformanceEvaluationCommission'sevaluationshallbeconsistentwith thecriteriainSection3.01andshallbebasedontheresultsoftheevaluationsurveys,onthe personalinformationcontainedinanapprovedselfreportingform,andonsuchother commentsandinformationastheCommissionshallreceivefromanysource. (b)If,becauseofgubernatorialappointment,anappellatejudgeholdsofficelessthanoneyear beforethefilingdeadlineofadeclarationofcandidacyforeitheranunexpiredtermorafull eightyearterm,andevaluationsurveysarenotavailable,theJudicialPerformanceEvaluation Commissionshallconductanevaluationandmakearetentionrecommendationusingan approvedselfreportingform,thejudge'sapplication,andotherreliableinformation. 14

 5.03.TheJudicialPerformanceEvaluationCommission,orapanelthereof,shallconductapublic interviewwitheachappellatejudgeseekingelectiontoanunexpiredterm orreelectiontoafulleightyearterm.TheCommission'smeetingsanddeliberationsshallbe public. 5.04.TheJudicialPerformanceEvaluationCommissionmayaccept,andinitsdiscretion,may solicitpubliccommentsconcerningtheperformanceoftheappellatejudgesseekingelectionto anexpiredtermorelectionorreelectiontoafulleightyearterm.TheCommissionshall provideeachappellatejudgewithareasonableopportunitytorespondtoanyinformationor commentreceivedbytheCommissionregardingthatjudgepriortothepreparationofthe Commission'sevaluationofthatjudge. 5.05.TheJudicialPerformanceEvaluationCommissionshallprovideeachappellatejudge seekingelectiontoanunexpiredtermorelectionorreelectiontoafulleightyeartermwitha draftofitsevaluationandshallprovidetheappellatejudgewithareasonableopportunityto commentorrespondeitherpersonallyorinwritingbeforethepublicationofthefinalreportor supplementalreportrequiredbyTenn.CodeAnn.174201(c). 5.06.ThefinalpublicreportorsupplementalreportrequiredbyTenn.CodeAnn.174201(c) shall,attheappellatejudge'srequest,includethejudge'sresponsetotheJudicialPerformance EvaluationCommission'sevaluation.Thejudge'sresponse,whichshallbeinadditiontothe Commission'sreportorsupplementalreport,shallnotexceed600words. Section6.Confidentiality. 6.01.EvaluationsconductedaspartoftheJudicialPerformanceEvaluationProgrammustbe conductedcandidlyandinstrictconfidencesothattheymaybebasedonreliableinformation andsothattheareasforimprovementmaybedeterminedfairly.Thedisclosureofevaluation informationotherthaninthemannerpermittedbythisruleorbyTenn.CodeAnn.174 201(c)wouldbecounterproductivetothegoalsoftheperformanceprogramandwouldreduce thefreeflowofinformationandresponses. 6.02.AllrecordsandinformationobtainedandmaintainedbytheJudicialPerformance EvaluationCommissionconcerningtheperformanceofindividualjudgesshallbestrictly confidentialandshallnotbedisclosedexceptasprovidedbystatuteorthisrule.The Commissionshallensuretheconfidentialityofinformationregardingtheperformanceofall judgesandshallpreservetheanonymityofallpersonswhomayberequestedtofurnish evaluationinformation. 6.03.Recordsandinformationpertainingtotheperformanceandevaluationofjudgesshallnot bedisclosedexceptasfollows: (a)Onlytheindividualjudgebeingevaluatedandthepersonorpersonsselectedtopresentthe datatothejudgeshallbepermittedtoknowtowhichjudgeparticularinformationapplies. (b)TheCommissionmayprovideaggregatestatisticalinformationthatdoesnotidentifyspecific judgestotheAdministrativeOfficeoftheCourtsandtheTennesseeJudicialConferenceforuse inthedevelopmentofjudicialeducationprograms. 6.04.ExceptwhenpubliclydisclosedinaccordancewithSection6.03,allinformation, questionnaires,notes,memoranda,orotherdatadeclaredconfidentialbythisruleshallnotbe admissibleasevidence,nordiscoverableinanyactionofanykindinanycourtorbeforeany tribunal,board,agency,orpersons. 15

 6.05.AllrecordspertainingtoaparticularjudgemaintainedbytheJudicialPerformance EvaluationCommissionshallbedestroyedsixmonthsafterthejudge'sdeathorretirement.The recordsshallnotbedestroyedifthejudgeappliesfororiscertifiedasaseniorjudgein accordancewithTenn.CodeAnn.172302. SUPREMECOURTRule57:DeclaratoryJudgments. The procedure for obtaining a declaratory judgment pursuant to Tennessee Code Annotated, 2914101 et seq., shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39. The existenceofanotheradequateremedydoesnotnecessarilyprecludeajudgmentfordeclaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratoryjudgmentandmayadvanceitonthecalendar.

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 5THNOVEMBER2013TNREPORTSInterviewwithLtGov.RonRamsey http://www.youtube.com/watch?v=KvNRO5jK8s

Reporter: You had indicated earlier that you weren't going to be doing similar for the judicial nomination element.

Ramsey: That I won't be raising money for them?

Reporter: Well it suggests that, basically you were going to be doing different things, I think is the way he phrased it

Ramsey: Ha! Well, I will vote for it because I think that it is better than it is now, but I have been very open and upfront about the fact that I think the system we have now for appointing Judges is the best way, but that is not what is on the ballot. I do think that what we are doing now is against the Constitution where it is says the Judges shall be elected by the qualified voters of the State, they should elected by the qualified voters of the State. So that needs to be taken out. If I had designed this amendment and worked towards this amendment it probably wouldn't be exactly like it is right now I do think I am giving up some of the Legislative powers to the Gubernatorial power, but will I vote for it in the end? Yes. Because I do think that what we are doing now is unconstitutional.

Reporter: You don't think the Legislature will have more power given that they can then reject the nominees especially in some distant day, a Democrat is in the Governor's office?

Ramsey: You could look at it that way but see right now as Speaker, speaking personally about this, I get eight nominations to the Judicial Nominating Committee, the Speaker of the House gets eight nominations so we help control or at least set an acts in place the three names are sent to the governor. And so, Ill be honest, Ill be very happy with that to make sure that we have good conservative judges that want to interpret the law and not make the law and I think that if we listen to the judges that come through our Judicial Nominating Commission the last couple of years in particular, in the last year in particular, I think theyve been very good, qualified people. And before, while were on that subject, the other . . . the selection commission that was there before the
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nominating commission actually played games with this, we all know this, that Jimmy Naifeh would pick out the one he wanted and send one good one and two bad ones. And I dont do that and I send them three good ones. For example when the last Appellate Court was there or next to last now I suppose, Mike Falk was on that panel but there were three or two other people with him and he ended up not getting there. So we sent three good people to the Governor every time.

Reporter: If Tennessee voters reject the constitutional amendment on judicial selection would you support any legislation like that would make it the law of the land when the Constitution says that judges need the Supreme Court and Appellate Court judges need to be elected?

Ramsey: You know, as Ive said before Ive gone through a statewide election, I know what it takes to run those campaigns, really all youre doing is raising money the whole time, thats not something that I feel the judges need to do, so I dont think thats the best way of doing it. I think if that would fail on the ballot Id work toward another way of making what were doing now constitutional.

Reporter: The constitutional amendment sort of leaves open whether there should be a judicial evaluation commission that just says retention elections uh and thats in wind down now, do you anticipate renewing that?

Ramsey: I do. I think thats something Id really want to do when we come back in. Of course the governor renewed it but just by executive order.

Reporter: No, no thats the nominating commission.

Ramsey: . . . evaluation commission. Im sorry I was not listening closely.

Reporter: But I will admit, I was going to ask the other one too.

Ramsey: Okay. . .
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Laughing. . . .

Ramsey: I was not listening closely. We were talking about this. So Im sorry. You got the jpeg . . . I think both ought to be reinstituted but itll be done in a different fashion. Even though I think for the first time in the history of the performance evaluation commission theyd just reject three candidates that they felt werent doing their job. Thats what theyre supposed to be doing. And I understand theres a campaign now maybe put one of those others back on. And I dont agree with that. Why was he not good week before last and then they get ten phone calls and suddenly hes good again? And so, just do your job, evaluate logically and fairly as they think they did when they went through there and dont let political pressure force you to put somebody back.

Reporter: When you say that you would like to see all three of those judges depart?

Ramsey: Yeah, yes . . . absolutely. Because I mean they know if the performance evaluation commission says they arent doing their job, let me assure they are doing their job. Cause it takes a lot for them to say no. As a matter of fact I think that these are the first three that were rejected in the history of the performance evaluation commission. So yes Id like to see all three of them. . .um, well I dont want to say, lets put it this way, if they dont resign then theyd be in a contested election and if I had the opportunity to vote for them I would vote no.

Reporter: On the nominating commission when you said that we sent up quality nominations did you lobby the commission to send up particular people?

Ramsey: There are times that I talked to my commissioners that and said that I think that these are qualified people and make up your own mind. Yes, I mean I would . . . . Id be less than honest if I didnt call and say I served with Mike Falk, a good honest guy, hard working legislator, a great guy, I think hed make a great judge. Rob Montgomery in my area, has been friends of mine literally since high school, talk about a great guy and a good honest family man, great judge, yes. If they would ask my opinion I will tell them even sometimes when they didnt ask my opinion, yes I would tell them. Honestly I didnt get a vote, but I wasnt bashful about telling somebody when I thought they were a good judge. I dont see anything wrong with that. And in both cases, well Mike Falk makes two
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times, but the judge agreed with me. And I do think honestly that the first time around the Appellate Court you dont start in the major leagues and Mike had never been a lower court judge, I think he would have been an excellent Appellate Court judge when you look at the qualifications of the three that went up, the governor made the right choice there too.

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Transcript excerpt Stacey Campfield Interview with Lt. Governor Ron Ramsey regarding judicial retention/election and its constitutionality Posted: August 12th 2009 Campfield: Obviously there is a move on to popularly elect instead Do you support the people being able to vote popularly elected Supreme Court Justices, not a yes / no vote but Joe Smith is running against Ben Smith, You know whoever, you know Do you support popularly electing Supreme Court justices? Ramsey: I will be honest, I have gone back and forth on this. Right now, if you noticed I am leading the charge to change the way we do this. It's been all over the newspapers the last week or two. It's even being called the Ramsey plan. Because the way we are doing it right now is absolutely wrong. This will take me just a few minutes to explain this. It is kind of two separate issues. Issue number one. How do we appoint a vacancy of Supreme Court Justice or if an Appellate Court Justice resigns or retires or removes from office? Under the current system, we have what's called the Judicial Selection Commission. Seventeen attorneys, well actually fifteen out of seventeen let's be accurate about it. Fifteen out of seventeen attorneys sit on a panel. If you want to go you have to apply to this panel, a self perpetuating board, who decides who their next member is. I've had to appoint these, I know. And then, they send up a list of three to the governor meet behind closed doors and do that. I am adamantly opposed to that. For 120 years the Governor got to pick whoever he wanted to go on during a vacancy. But when Winfield Dunn got elected back in 1971 they came up with this Judicial Selection Commission. That says seventeen attorneys know better than the people of State of Tennessee that elected the Governor. I am adamantly opposed to that. Now that's the issue of how you put on an appointment.
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Now what do you do from there? And I can say I have struggled with this I have prayed about this and I have thought about this and things changed from 1870 to 2009. Do we really want Supreme Court Justice running in contested elections where you have to raise millions of dollars and to be honest who wins? I mean, I want conservative judges on the bench. Now, trial lawyers have proven and I have tried to study this issue that they will fund these. Because, it takes millions of dollars to run a statewide elections. So, in my opinion the ideal situation is we do away with the Judicial Selection Commission. Hopefully, elect an Republican Governor next time get some conservative judges in there. Then were going to put up a constitutional amendment. But there is one thing I absolutely positively believe that what we are doing right now is unconstitutional. Our constitution says quote. Be "Judges shall elected by the qualified voters of the state." They are not. Now In 1973 our State Supreme Court, in a decision, that in my opinion they wrote the back page of the decision first then figured out how to fill it in and make it work. They have declared that this retention ballot is Constitutional. Man, if you can say that Stacey, you can say anything's Constitutional. Elected by the qualified voters of the state, how much plainer does it get?

So what do we do? We put a Constitutional amendment to the people. That's what I am doing, promoting right now I don't know how far were getting with this. Because of the House, to be honest, I can pass it in the Senate. This is going to be the issue in the next few weeks in the Legislature in my opinion. So, we put a Constitutional amendment up to the people and change a few things in that Constitutional amendment. Number one: Assuming that it doesn't pass, if doesn't pass to allow the people to vote and we still have the retention ballot were going take their terms from 8 years back to 4 years. Because, that way if that a Judge makes some crazy decision you don't have to wait seven maybe 7 years to vote them out of office. Instead of yes/no on the ballot I
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prefer to have retain /reject. That tells people what they are really really doing. Now there's going to be some that's going say, vote this constitutional amendment down. That makes what were doing Constitutional therefore, we popularly elect Judges I can understand that side of it I really can. But I have set and studied about this and thought about this, this is what I have deliberated more than anything else in the Legislature this year and I have come to the conclusion that we don't necessarily want Supreme Court Justices running statewide in expensive contested elections. But I think that conservatives lose on that but to go with a constitutional amendment that I'd have. That will cut their terms back to 4 year and have retain/reject on the ballot as I say this is not something you can explain in two minutes. It is a tough issue. It is a tough tough issue. And I don't have a problem with people saying we need to popularly elect judges. But I am going to tell you, look at what youre doing? What is your goal what is your goal? I mean, do you want to get conservative judges elected, or just the principle of things, because you lose on the principle of things. But I do believe from the bottom of my heart that we got elected, Stacey you got elected, I got elected, held up your right hand that I am going to uphold the Constitution of the State of Tennessee and I can't in good conscience sit there and do this knowing in my opinion it's unconstitutional. You can have a dozen attorneys walk in here and argue that it is Simply, because the Supreme Court said it was and I get that side of it. But the Supreme Court didn't do it, by the ways it was a special panel that they appointed. Once again this is an issue I am passionate about. Because this you and I both know that judges. You and I can pass any law we want to and it'd be what we think is the best law in the world and it'd go to a judge and they'd strike it down so. The judicial branch is just as important as the Legislative and executive branch.

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