(09/28/2004)
The Tennessee Supreme Court has reversed a Court of Criminal Appeals opinion and reinstated the convictions and death sentence Memphis gang member Gregory Robinson received for his role in a kidnapping and premeditated first degree murder.
"Upon review, we hold that the Court of Criminal Appeals erred in reversing the defendant's conviction and sentence," Chief Justice Frank F. Drowota, III, wrote in the decision filed Tuesday. Justices E. Riley Anderson, Janice M. Holder and William M. Barker joined the chief justice in the majority opinion.
In a separate concurring/dissenting opinion, Justice Adolpho A. Birch, Jr., agreed that Robinson's convictions should be reinstated for the 1997 kidnapping and murder of Vernon Green. However, Birch wrote, he would let stand the Court of Criminal Appeals decision reversing the death sentence. Birch based his dissent, in part, on the "lesser sentences imposed upon other defendants" in the case.
Green's murder was sparked by a fight between members of rival Memphis gangs - the Gangster Disciples and the Vice Lords. The victim was forced into an apartment after a member of the Gangster Disciples accused him of being a lookout for the Vice Lords, which Green denied.
"For one and one-half to two and one-half hours, the defendant, along with other gang members, beat and interrogated Green," Drowota wrote. "Eventually Green was taken from the apartment by six gang members and shot to death in Jessie Turner Park."
During Robinson's trial, several gang members, including others charged in connection with the crime, testified about the events surrounding Green's kidnapping and murder. Witnesses said they heard Robinson tell Gangster Disciple members, "Y'all know what to do" and "Take him fishing." A witness said he heard Robinson direct two gang members to select six Gangster Disciples to take the 23-year-old hostage from the apartment.
The six chosen gang members drove Green to the park where he was kicked and shot repeatedly as he lay on the ground and begged for his life, witnesses said.
Based on proof at the trial, the jury convicted Robinson of premeditated first degree murder and especially aggravated kidnapping, finding he was criminally responsible for the conduct of another. On appeal, Robinson claimed his conviction should be reversed because prosecutors offered inconsistent proof at his trial and the separate trials of other gang members. The Supreme Court rejected the claim.
"As a practical matter, discrepancies are commonly unavoidable when several individuals are prosecuted in separate trials for the same offense. Indeed, such trials present challenges because 'the truth is clouded by secret and elaborate gang rituals; the use of two and three code names for gang members; and the commission of crimes by groups,'" Drowota wrote, citing a 2001 Court of Criminal Appeals decision in a different case. ". . . Furthermore, as the Alabama Court of Criminal Appeals noted, 'evidence of criminal conspiracies hardly ever comes from ministers and civic leaders.'"
Jurors who convicted Robinson next determined that statutorily defined aggravating circumstances outweighed mitigating evidence presented during the sentencing phase of his trial.
Aggravating circumstances found by the jury were that the murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death and that the murder was committed during a kidnapping. Mitigating evidence included testimony by Robinson's mother and two of his sisters, who described him as a "loving father" of seven children ranging in age from one to six years old. The 38-year-old defendant also testified, asking the jury to spare his life so he could see his children.
In the opinion reinstating Robinson's convictions and sentences, the Supreme Court set a May 11, 2005, execution date. Robinson has state and federal appeals remaining.
Students from 10 public and private high schools in Williamson, Perry, Lewis and Hickman counties will participate Oct. 8 in a state Supreme Court program designed to educate young Tennesseans about the judicial branch of government.
The 500 students and their teachers will attend a special Supreme Court session at the old historic courthouse in Franklin 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, sponsored by Tennessee Bank & Trust Company, and a brief program. During lunch, students will be seated at tables with the five Supreme Court justices, local judges and attorneys, state, city, county and school officials.
Circuit Court Judge Tim Easter of Brentwood is coordinating the 21st Judicial District educational project. Public schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students - are Ravenwood, Fairview, Centennial, Perry County, Lewis County, Hickman County and Franklin High Schools. Private schools taking part in the program are Battle Ground Academy, Brentwood Academy and Franklin Classical School.
Teachers whose classes are involved in SCALES attended a three-hour professional development session Aug. 19. Tennessee Court of Appeals Judge Frank Clement of Nashville 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 educates 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."
Including SCALES in the 21st Judicial District, more than 12,500 Tennessee students across the state have taken part in the project since the Supreme Court initiated it in 1995.
Issues in the cases students will hear in Franklin include whether incriminating statements made by a suspect immediately after a polygraph examination are admissible as evidence in a later trial; whether the Court of Appeals erred in finding constitutional a municipal ordinance allowing the Nolensville Town Court to impose an $18,600 assessment for storing inoperative vehicles and junk on private property; whether a jury should have assigned fault to a 16-year-old girl who illegally purchased beer and provided it to the driver of a car who crashed it into a guardrail, severely injuring the girl's twin sister; and whether the doctrine of parental immunity applies to bar a claim by a minor child who sustained injuries while assisting at his father's workplace.
9/09/2004)
Governor Phil Bredesen today announced that 30th Judicial District Criminal Court Judge J.C. McLin will fill a vacancy in the Tennessee Court of Criminal Appeals, Western Division, created by the retirement of Judge Joe Riley.
"I am pleased to appoint Judge J.C. McLin to the Tennessee Court of Criminal Appeals," Bredesen said. "Judge McLin has been a highly respected member of the Shelby County legal community for more than 29 years. I know he will serve with integrity and honor in his new role on the Court of Criminal Appeals, and I thank him for his service to the State of Tennessee."
McLin, a Gibson County native, has been practicing law in Memphis since 1975. He has been working as a Criminal Court Judge in the 30th Judicial District since being elected to the position in 2000. From 1990 to 1999, Mc Lin worked in private practice specializing in criminal law, and from 1975 until 1990, he served as an Assistant District Attorney for the 30th Judicial District.
"I am honored to have been chosen by Governor Bredesen to serve our state on the Court of Criminal Appeals," McLin said. "I intend to bring dignity, respect and fairness to my position, and am pleased to have been chosen to serve."
McLin, 57, holds a bachelor's degree in business from Lane College, Jackson, holds a master's degree in education from the University of Tennessee, Martin, and earned his doctor of jurisprudence degree from the University of Tennessee, Knoxville. He is also a graduate of the National College of District Attorneys, Houston, Texas. He is a member of the National Bar Association (Ben Jones Chapter), and the Memphis and Shelby County Bar Association. He is a member of the Tennessee Judicial Conference, where he has served on the Jury Instructions and Literacy and the Courts Committees. He recently served as a facilitator at the National Judicial College in Reno, NV.
McLin also serves on the board of directors for Lane College. Judge Riley assumed a role as chief disciplinary counsel for the Court of the Judiciary on July 15.Judge McLin's appointment is effective immediately, and he will stand for election to a full 8-year term in 2006.
(09/08/2004)
The Tennessee Supreme Court has rejected the appeal of convicted killer Robert L. Leach Jr. and upheld the death sentences jurors imposed on him for strangling to death two elderly Nashville women who befriended him.
Justice Janice M. Holder authored the majority opinion and was joined by Chief Justice Frank F. Drowota III, and Justices E. Riley Anderson and William M. Barker.
“We have reviewed all of the issues raised by Leach and conclude that they do not warrant relief,” Holder wrote in the decision filed Wednesday.
The victims, 69-year-old Sarah McBride, and her disabled cousin, 70-year-old Jean Poteet, were murdered July 8, 1999 , at their home. Leach approached McBride as she was gardening and asked to use her telephone to call his sister, saying his car had broken down. Once inside their home, Leach drank coffee with the women before stabbing, beating, raping and finally strangling them to death. Leach escaped in McBride’s truck after stealing jewelry and other items belonging to the victims.
“Having thoroughly reviewed the record, we find no indication that the sentence of death was imposed in an arbitrary fashion,” Holder wrote.
In a separate concurring/dissenting opinion, Justice Adolpho A. Birch, Jr. agreed that Leach’s convictions should be affirmed, but disagreed with the death sentences.
“I continue to adhere to my views expressed in a long line of dissents . . . that the comparative proportionality review protocol currently embraced by the majority is inadequate to shield defendants from the arbitrary and disproportionate imposition of the death penalty,” Birch wrote.
The court set an April 12, 2005 , execution date for Leach, who has state and federal appeals remaining.
Circuit Court Judge Robert L. Childers of Memphis has been appointed to a second term on an American Bar Association advisory commission created to assist lawyers and other legal professionals with addictions, mental health issues and other personal problems.
ABA President Robert Grey, Jr., asked Childers to continue serving on the advisory group for the Commission on Lawyer Assistance Programs ( CoLAP). The commission’s goal is to educate the legal community about impairments and the assistance available to lawyers. Childers also is a member of CoLAP and the commission for the Tennessee Lawyers Assistance Program (TLAP).
“Only in the past two decades has the legal community recognized the importance of these programs,” Childers said. “Until the lawyer assistance programs were created, attorneys with impairment problems often were reluctant to seek help. In some cases, their practices were affected, as well as their personal lives.”
The Tennessee Lawyers Assistance Program provides consultation, assessment, referral, intervention and other services for lawyers, judges, bar applicants and law students with issues such as substance abuse, stress, family problems, depression, gambling and eating disorders. The program was created by the Tennessee Supreme Court in 1999. From its inception through August 2004, there have been more than 1,102 inquiries and referrals.
“I am proud to have been an original commission member for TLAP,” Childers said. “The good the program does, not only for lawyers, but indirectly for their clients as well, is impossible to quantify. The same is true for similar programs in every other state.”
(08/26/2004)
Chancellor Steven Stafford of the 29 th Judicial District, including Dyer and Lake counties, has been elected presiding judge of the Tennessee Court of the Judiciary. The 15-member panel, created by the General Assembly, is charged by state law with receiving complaints against judges and imposing sanctions or recommending removal from office when appropriate.
Stafford is succeeding Circuit Court Judge J.S. Steve Daniel of Murfreesboro . Daniel is retiring from the Circuit Court bench to assume senior judge status and also has resigned from the Court of the Judiciary, where he served as presiding judge.
“The work of the Court of the Judiciary is important because it helps instil public trust and confidence in our system of justice,” said Stafford , a member since 1999. “It provides a voice for members of the public who believe a judge has violated the Code of Judicial Conduct.”
Judicial misconduct for which judges may be sanctioned includes discourteous treatment of parties in court, conflicts of interest, receiving improper gifts, displaying obvious bias in court proceedings and abusing the powers of office. The Code of Judicial Conduct is a rule of the Tennessee Supreme Court.
Stafford is a past president of the Tennessee Judicial Conference, which includes all of the state’s appellate, trial and senior judges. He also serves as dean of the Tennessee Judicial Academy and was a member of the statewide Public Trust and Confidence in the Courts Committee. He serves on a special joint committee of the General Assembly created to determine whether Tennessee ’s 31 judicial districts should be revamped and also represents the judiciary on a pro se committee exploring how to improve access to justice for self-represented litigants.
He has been chancellor in his district since 1993 and was part-time city judge for Dyersburg from 1988-93. He was in the private practice of law from 1983 until he became chancellor.
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, 23, and Sydnee, 12.
(08/25/2004)
Supreme Court Majority Affirms Death Sentences for Nashville Murders
The Tennessee Supreme Court has upheld two death sentences a Davidson County jury imposed on Christopher A. Davis for the 1996 deaths of two men who were bound and shot multiple times as one victim cried and begged for his life.
Davis was sentenced to death for his role in the murders of Gregory Ewing, 18, and D’Angelo Lee, 19, whose bodies were discovered in a remote construction site. The killings occurred after Davis and a co-defendant, Gdongalay Berry , set up a fake transaction for the sale of guns.
In addition to the death sentences for two counts of premeditated first degree murder, Davis received two 25-year sentences for two counts of especially aggravated kidnapping, and two 25-year sentences for two counts of especially aggravated robbery. His convictions and sentences were affirmed by the Court of Criminal Appeals, resulting in an automatic appeal to the state Supreme Court.
Justice E. Riley Anderson, writing for the majority, said that issues raised by Davis in his appeal were without merit and that imposition of the death penalty was not “arbitrary or disproportionate.” Chief Justice Frank F. Drowota, III, and Justices William M. Barker and Janice M. Holder concurred in the opinion.
State law requires the court to review every death penalty case to ensure that the sentence is not disproportionate considering the nature of the crime and the defendant. The court uses similar cases for comparison and considers factors such as the means and manner of death, the motivation for the killing, the age of the defendant, and the presence of aggravating and mitigating circumstances.
“The analysis is intended to identify aberrant, arbitrary or capricious sentencing . . . ,” Anderson wrote. “The death sentences imposed on Davis for these offenses are not arbitrary or disproportionate.”
In a separate concurring/dissenting opinion, Justice Adolpho A. Birch, Jr., agreed that Davis’s convictions should be affirmed, but not the sentences of death.
“I continue to adhere to my views expressed in a long line of dissents . . . that the comparative proportionality review protocol currently embraced by the majority is inadequate to shield defendants from the arbitrary and disproportionate imposition of the death penalty,” Birch wrote in his dissent.
The court also concluded that the evidence supported the jury’s finding that statutorily defined aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt. In Davis’s case, the jury found that three aggravating circumstances – that Davis had prior convictions for violent felonies, that the murders were committed to avoid, interfere with or prevent arrest, and that the murders were committed while Davis had a substantial role in committing or attempting to commit a robbery or kidnapping - outweighed mitigating evidence presented during the sentencing hearing.
Davis, who was 18, had arranged a meeting with the two victims “under the guise of buying guns,” Anderson wrote. He and Berry robbed the victims, tied them up, and drove them to Davis ’s apartment. After unloading the stolen guns, Davis and Berry drove the bound men to the construction site where they were murdered.
Davis told authorities he was involved with the Gangster Disciples and had been selling cocaine since he was 13 or 14 years old. He had attended a private school, until being expelled and was once a good student who was listed in “Who’s Who Among American High School Students,” Anderson wrote in the majority opinion.
“ Davis showed no remorse for the offenses or for the deaths of the victims, and he told others that one of the victims had been shot after begging for his life,” Anderson wrote.
The court set a March 15, 2005 , execution date for Davis, who has state and federal appeals remaining.
(08/23/2004)
Supreme Court Affirms Death Penalty in Double Murder Case
Issues raised in an appeal by death row inmate Gdongalay P. Berry have no merit, the Tennessee Supreme Court said Monday in a decision affirming the two death sentences he received for his role in killing two acquaintances to prevent them from identifying him.
"After a careful and exhaustive review of the record and the legal authority relevant to the issues raised, we affirm the defendant's convictions and sentences," Justice William M. Barker wrote for the majority, including Chief Justice Frank F. Drowota, III, and Justices E. Riley Anderson and Janice M. Holder.
Justice Adolpho A. Birch, Jr., wrote a separate concurring/dissenting opinion in which he agreed with the majority's decision affirming Berry's convictions, but not the sentences of death. He said the method used by the court to compare Berry's case to other death penalty cases is "woefully inadequate to protect defendants from the arbitrary or disproportionate imposition of the death penalty."
"I have repeatedly expressed my displeasure with the current protocol since the time of its adoption . . .," Birch wrote.
State law requires the Supreme Court to review death penalty cases to determine whether the sentence is disproportionate to the penalty imposed in similar cases.
Berry and a co-defendant, Christopher Davis, were tried separately and convicted of kidnapping, robbing and murdering DeAngelo Lee, 19, and Greg Ewing, 18. The victims were attempting to sell guns to Berry and Davis in 1996 when they were bound, driven to an isolated construction site in Nashville and shot multiple times. Their guns and a white Cadillac, which was later burned, were stolen, along with shoes, clothing and a gold cross.
A witness testified at trial that he overheard Berry say, "If we rob 'em, we gotta kill 'em . . . because they know us." In sentencing Berry to death, Davidson County jurors found three statutorily defined aggravating circumstances, including that the murders were committed "for the purpose of avoiding, interfering with or preventing a lawful arrest or prosecution . . . " The other aggravating circumstances found by the jury were that Berry had previously been convicted of violent felonies and that the murders were committed while Berry had a substantial role in committing or attempting to commit robbery or kidnapping.
"Given his multiple prior convictions for violent crimes against the person, as well as the advance, cold-blooded planning to eliminate the victims as witnesses after the robbery, a rational juror could have found that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt," Barker wrote.
Issues raised by Berry included a claim that the four-year delay between his indictment in 1996 and his trial in 2000 violated his constitutional right to a speedy trial. He claimed the delay caused him to suffer anxiety and concern over the pending charges and hindered the preparation of his defense.
"The record reflects the defendant did not file a motion in the trial court requesting a speedy trial, did not move to dismiss the indictment for failure to provide a speedy trial and did not assert the denial of a speedy trial as a reason for relief in his motion for a new trial," Barker wrote. ". . . "The defendant's failure to assert his right to a speedy trial is evidence of his waiver of such right."
Barker said any allegation that his incarceration caused him to be stressed is minimized by evidence that he also was incarcerated awaiting trial for two other unrelated crimes.
"After considering the entire record in this case and all the defendant's assignments of error, we conclude that none has merit," Barker wrote.
The court set a Feb. 1, 2005, execution date. Berry has state and federal appeals remaining.
Tennessee Court Administrator Chosen for National Jury Reform Commission
Connie Clark, administrative director of Tennessee courts, has been named to the American Bar Association’s Blue Ribbon Commission on the American Jury. Clark was appointed by incoming ABA President Robert J. Grey, Jr., who announced an initiative aimed at bolstering interest in jury service and reversing declining response rates to jury summonses.
“Aptly, since Tennessee is the Volunteer State, jury service is not generally viewed here as a burden, but rather as a responsibility we have as citizens,” Clark said. “In some areas of the nation, though, there are juror shortages even though a new ABA public opinion poll shows that Americans believe in and trust the system.”
U.S. Supreme Court Justice Sandra Day O’Connor is honorary chair of the commission, which is co-chaired by Chief Judge Judith S. Kaye of New York, Chicago attorney Alexander (Manny) Sanchez and Professor Oscar H. Criner of Texas Southern University. The commission’s goal is to promote appreciation of the jury system and encourage participation. The commission also will encourage the Bar and courts to implement jury service reforms.
“If we are to improve the response rate to summonses, we must work to strengthen Americans’ understanding that the system they so respect works only when they are actively involved.” Grey said, announcing creation of the commission.
He also said a new American Jury Project will produce a single set of updated jury standards the ABA can propose as a model.
In the ABA poll, 58 percent said jury service is a privilege and responsibility they look forward to fulfilling and 75 percent said they would want a jury to decide their case if they were involved in a trial. Grey said the numbers were higher among those who had performed jury service.
Clark said jury reforms already have been implemented in Tennessee, although other changes may be made in the future to make jury service as “convenient and stress-free as possible.”
“In 2003, the Tennessee Supreme Court made a number of rule changes based on recommendations by the Tennessee Bar Association Jury Reform Commission, “ she said. “That commission was created in 1998 to evaluate jury procedures in the state.”
Rule changes adopted by the Tennessee Supreme Court to improve conditions for jurors included:
(08/11/2004)
Supreme Court Justice Birch to Undergo Medical Treatment
Retired judges will be designated by Chief Justice Frank F. Drowota to sit when necessary for Justice Adolpho A. Birch, Jr., while he undergoes chemotherapy and radiation treatments.
"This therapy will, no doubt, affect my ability to discharge all of the duties of my office," Birch said Wednesday. "Accordingly, I have asked the chief justice and my colleagues on the court for relief from the daily and scheduled responsibilities of the court pending completion of this therapy. I expect to return to full-active status thereafter."
Birch, who underwent successful surgery in July, has continued to "fully perform his obligations to the court," the chief justice said.
"I appreciate his commitment to the duties of his office and to the citizens of Tennessee," Drowota said. "I will be prepared to designate a judge to sit for Justice Birch when he is unable to attend court. He will continue to discharge the duties when he is able to perform. We look forward to his full recovery and to his resuming full duties with the court upon completion of therapy. He remains in the thoughts and prayers of all members of the judiciary."
Birch, who served as chief justice in 1996-97, began his judicial career in 1969 as a General Sessions Court judge in Davidson County. He previously had served as an assistant public defender and assistant district attorney in Nashville. In 1978, he became a Criminal Court judge and in 1987, he was appointed to the Court of Criminal Appeals. He was elected to the appellate court in 1988 and was reelected in 1990. Birch was appointed to the state Supreme Court in 1993 and was elected the following year. In 1998, he was elected to an eight-year term.
(08/02/2004)
Court to Receive Resolution Honoring Former Presiding Judge Goddard
A ceremony honoring former Tennessee Court of Appeals Presiding Judge
Houston M. Goddard, who died April 2 after nearly 30 years on the bench, will
include the presentation of a resolution by the General Assembly recognizing
his service to the state.
Court will convene Aug. 9 at 9:30 a.m. for the
tribute prior to oral argument in pending cases, Presiding Judge Herschel P.
Franks said. The event will take place in the courtroom on the second floor of
the Historic United States Post Office and Courthouse Building, 505 Main St. in
Knoxville.
State Reps. Doug Overbey and Joe McCord, both of Blount County,
will present the resolution to the late judge's wife, Barbara, and the
12-member Court of Appeals. The two legislators were co-sponsors of the
resolution which was adopted by the House and Senate and signed by Gov. Phil
Bredesen.
Other members of the Goddard family, the local judiciary and the
Bar will attend the ceremony, which is open to the public.
(07/26/2004)
Williamsburg, VA (July 26, 2004) – In response to ongoing uncertainty on how the recent Supreme Court sentencing decision, Blakely v. Washington, affects the state courts, the National Center for State Courts prepared a document that analyzes this decision’s impact. It is available at www.ncsconline.org/WC/Publications/KIS_SentenBlakely.pdf.
In Blakely, the high court struck down Washington state’s sentencing method and ruled that any aggravating facts that would increase a defendant’s sentence must be proven by a jury, not decided by a judge. The decision reopened the constitutional debate on the federal sentencing guidelines, and ignited questions about how it affects sentencing by state court judges.
The overriding question: Which state courts will be affected? NCSC researchers found that most states will not be affected, but the more similar a state’s guidelines are to the federal guidelines, the greater the Blakely effect. A preliminary list of affected states includes:
Alaska
Arizona
California
Colorado
Michigan
Minnesota
New Mexico
North Carolina
Ohio
Oregon
Tennessee
Washington
The exact number, however, is difficult to gauge because some implications of the case are not yet clear, said Anne Skove, NCSC senior knowledge management analyst who prepared the document. Areas of court management and the legal process that might feel the effects the most include: plea and charge bargaining, juries, and court budgets. Potential solutions for states with Blakely issues include bifurcation, waiver, voluntary (as opposed to mandatory) guidelines, and amending guidelines to be less calibrated and with wider ranges.
The National Center, headquartered in Williamsburg, Va., is a
non-profit court reform organization dedicated to improving the administration
of justice by providing leadership and service to the state courts. The
National Center, founded in 1971 by the Conference of Chief Justices and Chief
Justice of the United States Warren E. Burger, provides education, training,
and technology, management, and research services to the nation’s state
courts. The National Center also is taking the lead on several key issues
facing the justice system. For example, it has established a major civil
justice initiative, a multi-year project that is examining best practices in
civil case management and how complex litigation procedures can be improved.
Other national initiatives being driven by the National Center include judicial
selection reform and increasing citizen participation in jury service.
ROGERS TO FILL CIRCUIT COURT POSITION
Governor Phil Bredesen today announced that Murfreesboro attorney J. Mark Rogers will fill the Circuit Court vacancy in the 16th Judicial District, Part I, created by the retirement of Judge Steve Daniel. The 16th Judicial District covers Rutherford and Cannon counties.
“I am pleased to appoint Mark Rogers as Circuit Court judge,” Bredesen said. “Mark is an outstanding lawyer who is highly regarded by his peers in the bar and has been a vital member of the community in Murfreesboro and Rutherford County. I know he will serve our state with distinction and integrity as he takes on this important role.” Rogers was “highly recommended” or “recommended” by 124 of 134 members of the Rutherford and Cannon County Bar Association who responded to a survey about the judicial vacancy.
Rogers has practiced law for 27 years. He began his career as an attorney with Rochelle and Callis in Wilson County and has worked in various capacities in solo practice or with associations of attorneys in Rutherford County since 1978. He currently practices with Rogers and Eischeid, an association of attorneys.
“I am honored Governor Bredesen has chosen to me to serve as a trial judge in the 16th Judicial District,” said Rogers. “In my new position as Circuit Court judge for Rutherford and Cannon Counties, I will work diligently to rule promptly and with due care to preserve and protect the rights of all parties involved.”
Rogers, 51, holds a bachelor’s degree in political science from Middle Tennessee State University, Murfreesboro, and a Doctor of Jurisprudence from The University of Tennessee College of Law, Knoxville. He is a member of the Tennessee Trial Lawyers Association, the Association of Trial Lawyers of America, the Tennessee Bar Association and is a “fellow” of the Tennessee Bar Foundation. He served as president of the Tennessee Trial Lawyers Association from 1999 to 2000. Since 2001, he has been a member of the Tennessee Bar Association’s Lawyers Professional Liability Committee. Rogers currently serves as pro bono counsel for Main Street: Murfreesboro/Rutherford County, Inc., a non-profit corporation created in 1985 to revitalize and maintain the downtown courthouse square area of Murfreesboro and Rutherford County.
Judge Daniel is retiring on August 31 after 24 years on the bench to
assume a senior judge position with the Tennessee judiciary. Rogers will be
sworn into office after Judge Daniel’s retirement and will stand for
election to a full 8-year term in 2006.
(07/07/2004)
State Now Has 120 Certified, Registered Court Interpreters
Foreign language court interpreters from across the state will gather in Nashville Friday and Saturday for two days of training sponsored by the Administrative Office of the Courts.
The first Tennessee Court Interpreter Conference, funded with a federal grant, will begin at 10 a.m. Friday at the downtown public library. Languages represented by the 100 participants include Arabic, Vietnamese, Laotian, French, Thai, Bosnian, Serbian, Croatian, Russian, Farsi, Mandarin Chinese and Spanish.
The number of certified and registered foreign language court interpreters in Tennessee has reached 120. The interpreters are credentialed by the Administrative Office of the Courts to provide translations in Spanish, Japanese, Arabic, Laotian, French, Thai, Russian, Portuguese, Dutch, Bulgarian and Mandarin Chinese.
Certified interpreters have passed written and oral examinations and a criminal background check as required by two Tennessee Supreme Court rules adopted in 2002. 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 credentialed interpreters.
Under the Supreme Court rules, judges in Tennessee are required to appoint an interpreter who is credentialed 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.
A list of the credentialed interpreters and information on becoming a foreign language court interpreter are available here.
(0701/2004)
Supreme Court Appoints Judge Don Ash to State Court of the Judiciary
The Tennessee Supreme Court has appointed Circuit Court Judge Don Ash of Murfreesboro to the state Court of the Judiciary. The 15-member panel, created by the General Assembly, is charged by state law with receiving complaints against judges and imposing sanctions or recommending removal from office when appropriate.
Ash, immediate past president of the Tennessee Judicial Conference, will succeed Circuit Court Judge J.S. “Steve” Daniel, also of Murfreesboro, on the Court of the Judiciary. Daniel will leave the Circuit Court bench to assume senior judge status and also has resigned from the Court of the Judiciary effective Aug. 25.
"I am honored the Tennessee Supreme Court has placed such trust in me by this appointment.” Ash said. “Judge Daniel has served the court system well during his tenure on the Court of the Judiciary and I will do my best to follow his example."
In an order filed Monday, the Supreme Court appointed Ash for the remaining three years of Daniel’s term.
“The court appreciates Judge Ash’s willingness to serve,” Chief Justice Frank F. Drowota, III, said.
Ash has been a Circuit Court judge in Rutherford and Cannon counties - the 16 th 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.
He 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.