(06/23/2003)
Chancellor Stafford Represents State Judiciary on Key Committees
Chancellor Steve Stafford of Dyersburg will represent the the state’s 178 trial and appellate court judges on a special joint committee of the General Assembly created to determine whether Tennessee’s 31 judicial districts should be revamped because of population shifts.
Stafford, who just completed a one-year term as president of the Tennessee Judicial Conference, is among 16 committee members who will report back to the Legislature by Nov. 1, 2004. He and the other members will make recommendations and draft proposed legislation if they determine changes are needed.
A resolution establishing the committee was sponsored by House Speaker Jimmy Naifeh, D- Covington, and Reps. Jere Hargrove, D-Cookeville; Randy Rinks, D-Savannah; Tommy Head, D- Clarksville; Joe Fowlkes, D-Pulaski; Frank Buck, D-Dowelltown; Steve McDaniel, R-Parkers Crossroads; and Russell Johnson, R-Loudon.
Stafford also represents the judiciary on a new pro se committee exploring how to improve access to justice for litigants doing business in courts without the assistance of lawyers. The 50 members from throughout the state attended a summit in Nashville June 20, sponsored by the Administrative Office of the Courts, which received a $20,000 State Justice Institute grant for the project.
“Tennessee is experiencing a tremendous increase in the number of self-represented litigants,” Stafford said. “It is necessary for us to begin providing services for pro se litigants and this is a first step toward doing that. It is an issue in judicial systems throughout the nation and all of us are attempting to ensure that equal justice applies to everyone using the court system.”
Stafford, 46, was appointed chancellor for Dyer and Lake counties - the 29th Judicial District - in 1993 and was elected in 1994 and 1998. He had practiced law and served as Dyersburg City Judge prior to becoming a state trial judge. In addition to serving as president of the Tennessee Judicial Conference, which includes all of the state’s trial and appellate court judges, he has
served since 1999 on the Court of the Judiciary, which enforces the Code of Judicial Conduct for judges.
“Serving as president of the conference has been the high point of my judicial career,” Stafford said. “It was a wonderful year and I loved every minute of it, even when things were difficult. We have a truly outstanding group of judges in this state and I am proud to serve with them and call them my friends. I’m honored to have served as their president.”
Under his leadership, a new emphasis was placed on the conference committees and their missions, including long-range planning.
“The committees, under the able direction of their chairs, all began to meet, identify their goals and work toward the attainment of those goals. For instance, the Domestic Relations Committee introduced and passed legislation allowing judges to sentence defendants to picking up trash as an alternative to incarceration for failing to pay child support. Stafford said the end result should be “more parents paying their support as well as a cost reduction for the state and counties.”
He said other committees also initiated significant projects to benefit the state judicial system. Stafford cited the Long Range Planning Committee, which scheduled a program in conjunction with the National Center for State Courts on trends and issues facing the judiciary nationwide.
In addition to his judicial activities, Stafford is active in local civic and religious organizations, including serving as a deacon and Sunday school teacher at First Baptist Church. He is a past president of the Dyersburg Breakfast Rotary Club and was selected Outstanding Young Tennessean by the Tennessee Jaycees in 1996. He has also served as a member and chairperson of the Dyersburg/Dyer County Young Life Committee.
Stafford, who earned his undergraduate degree at UT Martin and his law degree at the Cumberland School of Law at Samford University in Birmingham, AL, is married to Tempe Collins Stafford and has two children, Lynlee, 21, and Sydnee, 11.
Supreme Court Tightens Rule on Indigent Defense Payments
Lawyers paid by the state torepresent indigent criminal defendants will have to get prior approval by the trial judge and administrative director of the courts before hiring investigators or experts, such as psychiatrists, under an amended rule adopted Monday by the Tennessee Supreme Court.
The amendment, effective July 1, also clarifies that attorneys must obtain advance approval by the administrative director of the courts before incurring any expenses, including those for expert and investigative services. All claims denied by the director will be submitted to the chief justice, who may, if warranted, reverse the denial.
“This amendment clarifies Supreme Court Rule 13 to ensure that state funds are managed carefully,” Chief Justice Frank Drowota said. “While the rule already required the director and chief justice to approve certain expenses, it was not entirely clear. Often the claim was reviewed after the work had been done, making it awkward to deny the claim for expert services. This change puts an end to that.”
The amended rule continues to require prior approval by both the administrative director and chief justice if the amount requested exceeds $5,000 or the expert’s hourly rate exceeds $150. Administrative Director Connie Clark said there was some confusion among lawyers concerning prior approval when seeking payments in increments of $5,000 or less. With the change, they will have to receive prior approval by the court administrator for all claims, regardless of the amount.
“We also have had some cases of attorneys seeking payment for questionable experts and submitting bills after the services had been rendered,” Clark said. “Again, that made denying claims awkward, although some claims for payment have been turned down.”
Under the clarifying amendment all claims for experts, investigators or expenses submitted to the Administrative Office of the Courts for prior approval must be accompanied by a detailed trial court order explaining why the expenses are necessary for protection of the defendant’s constitutional rights.
The state’s indigent defense budget for the fiscal year beginning July 1 is $16.9 million. The Administrative Office of the Courts receives claims and disburses the payments. The office also reviews each claim and checks for errors and abuses, Clark said.In fiscal year 2002, more than 58,000 indigent defense claims were processed for payment.
(06/17/2003)
Murfreesboro Judge Don Ash Is New President of Judicial Conference
Circuit Court Judge Don Ash of Murfreesboro has assumed office as president of the Tennessee Judicial Conference, which includes all of the state’s 178 trial and appellate court judges. He succeeded Chancellor Steven Stafford of Dyersburg, whose term ended Friday during the annual Judicial Conference in Memphis.
“Our Tennessee Judiciary includes many fine men and women and I am honored to serve with them,” Ash said. “It is a humbling experience to be chosen to lead our Judicial Conference. The Conference will focus our efforts on improving how victims are treated in the court system, enhancing courtroom technology and creating a Tennessee Judicial Family Institute. With so many important issues impacting the judiciary, I believe it will be a challenging year."
Other new TJC officers are Circuit Court Judge John S. McLellan, III, of Kingsport, president-elect; Criminal Court Judge Cheryl Blackburn of Nashville, vice-president; Circuit Court Judge John Rollins of Manchester, secretary; and Circuit Court Judge John Turnbull of Livingston, treasurer. Executive Committee members are Chancellor Thomas R. (Skip) Frierson of Morristown; Circuit Court Judges Barbara Haynes of Nashville and Tim Easter of Brentwood; and Court of Appeals Judge David Farmer of Jackson.
Ash has been a Circuit Court judge in Rutherford and Cannon counties - the 16th Judicial District - since 1994. He previously served as city judge in LaVergne and was in the private practice of law. From 1997-99, he was a member of the Tennessee Court of the Judiciary, which enforces the code of conduct for judges.
The new TJC president was instrumental in drafting Tennessee’s Parenting Plan, which became state law in 2001. Under the law, divorcing couples with minor children are required to attend parenting classes and work out a detailed parenting plan. The emphasis is on keeping both parents involved in their children’s lives.
Ash earned his Bachelor of Science degree from Middle Tennessee State University and a Doctor of Jurisprudence in 1980 from Memphis State School of Law. In 2000, he became the first Tennessee judge to obtain a Masters Degree in Judicial Studies from the University of Nevada in Reno.
He was a co-founder and past president of the Boys and Girls Club of Rutherford County. Other civic activities include serving on the Domestic Violence Task Force for Rutherford County and as a trustee for the MTSU Foundation. He also has been active in Rotary Club, United Way, the American Heart Association, Leadership Rutherford, Hospice of Rutherford County, PTA, the Webb School Parent Association, Hope Clinic and MainStreet of Murfreesboro.
He is married to Rita Ash and has four children.
(05/27/2003)
Six Apply for 26th Judicial District Judgeship
Six Jackson attorneys have applied to fill a vacant Chancery Court seat in the 26th Judicial District, including Madison, Chester and Henderson counties. Applicants hoping to succeed Chancellor Joe Morris, who died April 27, are Linda Warren Seely, Nathan B. Pride, Michael B. McWherter, James F. Butler, Kristy Michelle Booth and Jacques Baer "Buddy" Glassman.
The 17-member Judicial Selection Commission will meet at 9:30 a.m. June 6 at the Garden Plaza Hotel in Jackson to conduct a public hearing and interview the six candidates for the judicial position. The commission will submit three names to Gov. Phil Bredesen, who will appoint a chancellor. The position will then be on the ballot in 2004, the next biennial August election, to fill out the remainder of the full eight-year term ending in 2006.
Senior Judge Allen Wallace of New Johnsonville and retired Circuit Court Judge John Murchison of Jackson are hearing Chancery Court cases until a new judge is appointed.
(05/19/2003)
630 Boys State delegates to Participate in Tennessee Supreme Court Project
American Legion Boys State delegates from high schools in all 95 counties will participate May 28 in the SCALES Program, an acronym for the Supreme Court Advancing Legal Education for Students. SCALES, a Tennessee Supreme Court initiative, educates young Tennesseans about the judicial branch of government.
The 630 students (Listed Here) will attend a special Supreme Court session at Tennessee Tech University in Cookeville as part of the week-long Boys State program, sponsored by The American Legion. The 11th grade boys, who are in the top one-third of their high school classes, will hear oral arguments in two actual Supreme Court cases.
Circuit Court Judge John Maddux of Cookeville is coordinating the SCALES Project at Boys State. More than 11,000 Tennessee high school students have taken part in SCALES since the Supreme Court initiated it in 1995.
"The Tennessee Supreme Court believes that knowledge and understanding of the judicial branch of government are essential to good citizenship," Chief Justice Frank Drowota said. "The SCALES Project is designed to educate young participants about the system they will inherit."
Issues in the cases students will hear at Boys State include whether evidence - methamphetamine found in the door panels of a vehicle during a traffic stop - should be suppressed and whether a trial court can require a criminal defendant, as a condition of probation, to legally establish the father of her child. The participants will be divided into two groups, with each hearing one case.
In addition, Maddux and other lawyers and judges will conduct sessions with the students to explain the state and federal judicial systems, the issues in their cases and answer questions.
(05/13/2003)
Senior, Retired Judges Hearing 26th District Chancery Court Cases
Senior Judge Allen Wallace of New Johnsonville and retired Circuit Court Judge John Murchison of Jackson are hearing Chancery Court cases in Madison, Chester and Henderson counties - the 26th Judicial District. They will serve until a new judge is appointed to succeed Chancellor Joe Morris of Jackson, who died April 27 after a 27 year judicial career. >
The 17-member Judicial Selection Commission will meet June 6 at the Garden Plaza Hotel in Jackson to conduct a public hearing and interview applicants. The commission will submit three names to Gov. Phil Bredesen, who will appoint a chancellor.The position will then be on the ballot in 2004, the next biennial August election, to fill out the remainder of the full eight-year term ending in 2006.
Attorneys wanting to fill the vacant judicial position have until the end of the business day May 23 to submit applicant questionnaires to the commission.
(05/12/2003)
Attorney Appointed to Write, Grade Questions for Bar Exam
Chattanooga attorney Christopher H. Steger has been appointed assistant examiner to the state Board of Law Examiners, which governs the testing and admission of prospective lawyers in Tennessee. Steger, of the Miller & Martin firm in Nashville, is one of 12 assistant examiners who help write and grade essay questions on the state Bar Examination administered in February and July.
Attorney Marlene Eskind Moses, the first woman to serve as president of the board, said 247 law school graduates took the two-day Bar Examination in February, with 171 passing. During 2002, 712 law school graduates took the exam, consisting of multiple choice and essay questions, with a 67 percent pass rate.
In January, the board’s newest member, W. Scott McGinness, Jr., of Chattanooga, was appointed by the Tennessee Supreme Court to succeed Lewis Hagood, who retired. McGinness, also an attorney with Miller & Martin, has served as an assistant examiner since 1979. Justice E. Riley Anderson of Knoxville serves as Supreme Court liaison to the board.
(05/09/2003)
Court Interpreter Scholarships
The number of certified and registered foreign language court interpreters in Tennessee has reached 53, including nine certified in Spanish, 40 registered in Spanish and four registered in Arabic, Portuguese, Dutch and Bulgarian/Russian. The certified interpreters have passed written and oral examinations and a criminal background check as required by two Tennessee Supreme Court rules adopted last year. Interpreters who are registered have passed the written test and criminal background check, but have not yet completed the oral examination requirement. The court rules mandate proficiency and ethics standards for certified interpreters.
Both groups of interpreters will be given preference for scholarships to the 24th Annual Meeting and Educational Conference of the National Association of Judiciary Interpreters and Translators to be held May 23-25 in Nashville. The scholarships are being funded through a federal grant.
Since the Supreme Court standards for interpreters were adopted, four ethics workshops, three written test sessions and two oral test sessions have been conducted. Oral tests also will be administered May 17 to 18 candidates.
Under the Supreme Court rules, judges inTennessee are required to attempt to appoint an interpreter who is certified if one is available. In most cases, the cost of providing an interpreter is included in court costs, although indigent criminal defendants may have state-paid interpreters to help them communicate with their attorneys.
A list of the certified interpreters and information on becoming a foreign language court interpreter also are available on the court system website. Information also can be obtained by calling Rebecca Montgomery or Joan Goddard at the AOC, 615-741-2687.
(05/08/2003)
Appellate Court Clerk's Office Reopens in Jackson
Power provided by a generator made it possible Thursday to reopen the Appellate Court Clerk's Office in the Jackson Supreme Court Building while work continues to clean up and repair extensive damage caused by this week's storms and tornados, Deputy Clerk Susan Turner said. The building, which houses the Western Sections of the Court of Appeals and Court of Criminal Appeals and where the Supreme Court hears cases, remains without telephone service, she said. The office is accepting filings again, which also can be sent to P.O. Box 909, Jackson, TN 38302. Turner can be reached on her cell phone at 731-217-5379.
In addition to power being out, windows were destroyed, doors to the building were blown out, offices were damaged and trees on the property were uprooted. Because of the damage, the Court of Appeals, which was scheduled to hear cases in Jackson May 19-21, will meet instead in Memphis at the Shelby County Courthouse. Trial and General Sessions courts in Madison County remain closed while damage is assessed and repaired at the Criminal Justice Complex.
Circuit Court Judge Roger Page said rain on Wednesday caused additional problems and it is uncertain how long it will take to return to normal. In the meantime, he and other judges are looking at possible temporary locations to hold court. Until courts are operational again, Page said jurors can call the county's Jury Information Line at 731-423-6036 for information about their service.
(05/07/2003)
Madison County Trial, General Sessions Courts Remain Closed
Trial and General Sessions courts in Madison County will remain closed through the end of the week due to serious tornado and storm damage to the Criminal Justice Complex in Jackson, Circuit Court Judge Don Allen said Wednesday.
“There is no power to the building, there is extensive water damage and the continuing rain has added to the problems,” he said.
Power probably will not be restored to the complex until at least Tuesday, said Circuit Court Judge Roger Page. He said power company officials have said that is when they may have power restored to the downtown area where the courts are located. Until courts are operational again, Page said jurors can call the county’s Jury Information Line at 731-423-6036 for information about their service.
The Tennessee Supreme Court Building, which houses the Western Section Court of Appeals and Court of Criminal Appeals and where the Supreme Court hears cases, also was heavily damaged by this week’s storms and tornados. Windows were blown out, offices were damaged, the building’s front doors were destroyed and trees on the property were uprooted. The building also has no power. Cleanup has begun and the building’s structural stability will be assessed by a state fire marshal, said Connie Clark, administrative director of the courts.
“We cannot say at this time when the building will reopen for business,” she said. “In the meantime, Deputy Clerk Susan Turner and her staff are doing everything they can to help those who have business in the appellate courts in Jackson. A panel of the Court of Criminal Appeals heard cases Tuesday in a local hotel.”
The appellate courts also have buildings in Nashville and Knoxville. Until further notice, all filings for the Supreme Court, Court of Appeals and Court of Criminal Appeals in the Western Section must be sent to the Appellate Court Clerk's Office in Nashville, Clark said. The address for filings is Supreme Court Building, 401 Seventh Ave. North, Nashville, TN 37219-1407.
(05/06/2003)
Tornados, Storms Damage Jackson Court Buildings
Judicial system officials in Madison County are assessing storm and tornado damage to appellate and trial court facilities to determine when the buildings can reopen, Cornelia Clark, administrative director of the courts, said Tuesday.
“The Supreme Court Building, which houses the appellate courts and the appellate court clerk’s office for the Western Section, has suffered extensive damage,” she said. “Windows have been blown out, the front doors were destroyed and transformers and power lines are down, which has left the building without power. Trees also have been uprooted on the property and some offices have been affected.”
The Criminal Justice Complex, which houses trial courts, also was damaged, Circuit Court Judge Roger Page said. Courts are cancelled at least through Wednesday. Page said jurors can call the Jury Information Line at 731-423-6036 after 5 p.m. Wednesday for information concerning their jury service.
The Western Section Court of Criminal Appeals moved its scheduled Tuesday session to the Country Inn & Suites, 1935 Emporium Dr. in Jackson, said Appellate Court Clerk Cecil Crowson.
“Deputy Clerk Susan Turner is contacting attorneys with cases pending in the Supreme Court, Court of Appeals or Court of Criminal Appeals to try to help with whatever they might need,” Crowson said. “We’re trying to keep the office functioning in light of the situation.”
He said until further notice, all filings for the Supreme Court, Court of Appeals and Court of Criminal Appeals in the Western Section must be sent to the Appellate Court Clerk's Office in Nashville. The address for filings is Supreme Court Building, 401 Seventh Ave. North, Nashville, TN 37219-1407.
(05/05/2003)
Judicial Selection Commission Sets Deadline to Apply for Chancellor Position
Attorneys from Chester, Henderson and Madison counties who are interested in filling a 26th Judicial District vacancy, created by the April 27 death of Chancellor Joe C. Morris of Jackson, must apply by the end of the business day May 23 to be considered.
"Chancellor Morris was a respected and beloved member of our judicial family since 1976," Cornelia Clark, administrative director of the courts, said Thursday. “His unexpected death has saddened all of us who knew him and we will greatly miss his friendship and wisdom. Sadly, the task we have before us now is to go about the business of filling the unexpired eight-year term to which he was reelected in 1998.”
Applications are available from the Administrative Office of the Courts, 511 Union Street, Suite 600, Nashville 37219 or by calling Lisa Hazlett at 615-741-2687. Applications also can be downloaded and printed from the court system website, www.tsc.state.tn.us. The original and 18 copies must be submitted to the commission through the Administrative Office of the Courts.
The 17-member Judicial Selection commission will meet June 6 in Jackson to conduct a public hearing and interview applicants for the appointment. The commission will submit three names to Gov. Phil Bredesen, who may appoint one of the recommended applicants. The position will then be on the ballot in 2004, the next biennial August election, to fill out the remainder of the full eight-year term ending in 2006.
A location and time for the Jackson hearing will be determined and announced later.
(04/03/2003)
300 Local Students Participate in Tennessee Supreme Court Project
High school students from Dyer and Lake counties will participate April 10 in a state Supreme Court program designed to educate young Tennesseans about the judicial branch of government.
The 300 students and their teachers from three schools will attend a special Supreme Court session at the Dyer County Courthouse where justices will hear oral arguments in three actual cases. Following oral arguments, students will meet for question and answer sessions with attorneys who presented each side in their cases.
Participating students and teachers also will join the Supreme Court for lunch at The Lannom Center. During lunch and a brief program, students will be seated at tables with the five Supreme Court justices, local judges and attorneys, city, county and school officials.
Chancellor Steve Stafford of Dyersburg, president of the Tennessee Judicial Conference, is coordinating the 29th Judicial District project. Schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students – are Dyer County High School, Lake County High School and Dyersburg High School.
The court also will conduct a SCALES program May 12 at Tennessee Tech University in Cookeville. Justices will hear two cases with 630 Tennessee Boys State delegates representing all 95 counties attending.
Teachers whose classes are involved in 29th Judicial District SCALES project attended a three-hour professional development session Feb. 20 in Dyersburg. Tennessee Court of Criminal Appeals Judge Joe Riley of Ridgely discussed the state and federal court systems, answered questions and presented an overview of the cases to be argued when students attend SCALES. Teachers also were provided with notebooks of materials to use in their classrooms, including suggested activities, and SCALES Project handbooks for each student.
"The Tennessee Supreme Court believes that knowledge and understanding of the judicial branch of government are essential to good citizenship,” Chief Justice Frank Drowota said. “The SCALES Project is designed to educate young participants about the system they will inherit. The interaction we have with the students at lunch and throughout the day also renews our faith that our nation’s future is in good hands.”
Local judges and attorneys met with participating teachers at the professional development session to schedule classroom visits to review the cases students will hear. After justices rule in the cases, copies of the court's opinions will be provided to the classes.
"The SCALES Project is important because it creates a partnership between the judiciary, the Bar and schools to promote a better understanding of the judicial branch of government," the chief justice said. "We hope that teachers will use the materials to make judicial education a continuing part of their curriculum."
Issues in the cases students will hear in Dyersburg include whether the Court of Appeals erred by reversing a jury verdict rejecting the insanity defense in a murder case; whether a physician is liable for injuries to a motorist for prescribing medication which impaired a patient’s ability to drive without warning him of possible effects on his ability to drive; and whether the offense of driving under the influence is barred by the statute of limitations because the charge was filed more than one year after the crime was committed.
Including SCALES in the 29th Judicial District, more than 11,000 Tennessee students across the state have taken part in the project since the Supreme Court initiated it in 1995.
(04/03/2002)
Appeals Court Judge Retiring After Three Decades of Judicial Service
After a judicial career spanning more than three decades, including 23 years on the appellate bench, Tennessee Court of Appeals Judge Ben Cantrell of Nashville will retire effective Sept. 1. The 17-member Judicial Selection Commission will meet in August to conduct a public hearing and interview applicants hoping to succeed Cantrell.
A slate of three names will be submitted to Gov. Phil Bredesen, who will appoint a new Court of Appeals judge. A deadline for applications and a meeting date and location have not been determined. Cantrell’s successor will then run on a yes-no retention ballot in the next August biennial election in 2004 to fill the remainder of the unexpired term ending in 2006.
Cantrell was appointed in 1973 to the Chancery Court in Davidson County and was elected a year later. In 1980, Gov. Lamar Alexander appointed him to the Court of Appeals. He was elected to eight-year terms in 1982, 1990 and 1998. He has been presiding judge of the court’s middle division since 1998. The 12-member Court of Appeals, sitting in panels of three, hears appeals of trial court decisions in civil cases. The court normally meets in Knoxville, Nashville and Jackson.