(09/14/2006)
Tennessee Supreme Court Justice Gary R. Wade will be sworn in by Gov. Phil Bredesen during a formal investiture ceremony at 2 p.m. Sept. 22 at the Sevier County Courthouse. The public is invited.
“I am deeply honored that the governor is traveling to my home town to take part in an event that is so special to my family and to me,” Wade said. “The people of my community have been so supportive for so long. I want to provide them the opportunity to share in this joyous occasion.”
The governor appointed Wade June 6 to fill one of two vacancies on the Supreme Court created by the retirements of Justices E. Riley Anderson of Knoxville and Adolpho A. Birch, Jr., of Nashville. Both retirements were effective Sept. 1, when Wade took office.
Circuit Court Judge Rex Henry Ogle of the 4th Judicial District will preside over the investiture ceremony for Wade. Others who will participate include Court of Criminal Appeals Judge Norma Ogle; Appellate Court Clerk Michael Catalano; Sevier County Mayor Larry Waters; Sevierville Mayor Bryan Atchley; Col. John Patrick, marshal of the Tennessee Supreme Court; Jamesena Miller, community volunteer; and Rev. Randy Davis of First Baptist Church of Sevierville.
Wade served on the Court of Criminal Appeals from 1987 until his appointment to the Supreme Court. A partner in the law firm of Ogle, Wade, & Wynn, he was mayor of Sevierville for five two-year terms and city attorney for the City of Pigeon Forge from 1973 to 1987.
He graduated from the University of Tennessee at Knoxville and the University of Tennessee School of Law.
(09/12/2006)
The day, which is meant to bring attention to non-adversarial options for conflict resolution, corresponds to International Conflict Resolution Day, which is observed each year on the third Thursday in October.
To celebrate Mediation Day and focus public attention on the benefits of dispute resolution alternatives, the member organizations of the coalition are planning a number of events around the state. The coalition will announce event details as they become available.
Mediation is a unique process designed to help people resolve disputes through voluntary settlements, without having to take a case through a lengthy and expensive trial and appeal. A neutral and impartial person, known as the mediator, offers a confidential and non-adversarial setting for disputing parties to meet face-to-face, communicate with each other, find common ground and ultimately reach a mutually acceptable agreement.
In Tennessee, court-based alternative dispute resolution was established statewide in 1996. Mediators listed under Tennessee Supreme Court Rule 31 must meet rigorous standards in education, work experience and training. About 900 individuals are active Rule 31 listed mediators in Tennessee - a 285% increase over the last ten years. These professionals offer services in cases ranging from complex business disputes to contested child custody cases.
In addition to dispute resolution services provided by Rule 31 listed mediators, Victim Offender Reconciliation Programs (known as VORPs) offer mediation services to persons referred by the courts or district attorneys. On the civil case side, trained volunteer mediators provide services at local community centers and courts across the state. Finally, parties turn to private dispute resolution services on the advice of their lawyers, often during the early stages of a lawsuit.
The Tennessee Coalition for Mediation Awareness was formed in August of this year to maximize the resources and expertise of various groups in the state committed to increasing awareness of mediation as an alternative to litigation. The mission of the coalition is to support programs and activities that educate the public and the legal profession on the benefits of mediation and other forms of conflict resolution.
The 12-member Tennessee Court of Criminal Appeals has elected Judge Joseph M. Tipton of Knoxville as its presiding judge.
As presiding judge, Tipton will be responsible for setting court dockets, including determining who will serve on the court’s three-member panels, where they will sit and when. The court, which considers appeals in criminal cases, meets in panels of three in Knoxville, Nashville and Jackson. Panels also hear cases in other areas of the state as part of educational programs.
The presiding judge determines how many cases will be heard in each session and monitors the dockets. Tipton will preside over court meetings, serve on various court-related commissions and committees and assign other members of the court to serve.
“I appreciate the confidence my colleagues on the court have shown in me by electing me presiding judge,” Tipton said. “Serving on the court is a high honor and privilege. Serving as its presiding judge is even more so.”
Tipton, 59, succeeds Justice Gary R. Wade as presiding judge. Wade was appointed to the Tennessee Supreme Court.
The new presiding judge was appointed to Court of Criminal Appeals in 1990. He was elected in 1992 and was reelected to eight-year terms in 1998 and 2006. He is a graduate of the University of Tennessee and the University of Tennessee College of Law, where he was Order of the Coif and later served as an adjunct professor.
(08/29/2006)
Just days after retiring from a long legal and judicial career, Justice E. Riley Anderson will don his robe and sit with the Tennessee Supreme Court in Knoxville to hear 11 cases, including arguments concerning the validity of the Knox County Charter.
“Because we have only four members of the court right now, rather than a full five-member court, we asked Justice Anderson if he would be willing to take part in the cases we have before us on Sept. 6 and Sept. 7,” Chief Justice William M. Barker said. “Even though he will have been retired for less than a week, he graciously agreed to be designated as a special judge.”
The Supreme Court docket will be the first one for Judge Gary R. Wade, who was appointed by Gov. Phil Bredesen. Wade, of Sevierville, will be sworn in Sept. 1 as a member of the Supreme Court. He is presiding judge of the Court of Criminal Appeals.
The Aug. 31 retirements of Anderson and Justice Adolpho A. Birch, Jr., of Nashville, left the court with two vacancies, one of which will be filled by Wade. The state Judicial Selection Commission will meet Sept. 5 to conduct a public hearing and recommend three applicants to the governor for his consideration to fill the remaining position.
Anderson was a member of the Tennessee Supreme Court from 1990 until his retirement. He previously served on the Court of Appeals and was in the private practice of law in Oak Ridge for nearly three decades.
(08/25/2006)
Incumbent and newly-elected Knox County judges and chancellors are among judicial officials being sworn in during a ceremony at 4 p.m. Aug. 31 at the Supreme Court Building, 505 Main St., Knoxville. Knoxville Bar Association President Steve Collins will preside over the 6th Judicial District event.
Retiring Supreme Court Justice E. Riley Anderson will participate in the ceremony which is taking place on the final day of his judicial career. Anderson, of Knoxville, practiced law in Oak Ridge for three decades until his appointment to the state Court of Appeals in 1987. In 1990, he was elected to the state Supreme Court and was re-elected to an eight-year term in 1998. The 1957 UT College of Law honors graduate served four terms as chief justice.
Among those Anderson will swear in is District Attorney General Randy Nichols. Court of Criminal Appeals Judge Gary R. Wade will swear in District Public Defender Mark Stephens. Wade has been appointed to the Supreme Court by Gov. Phil Bredesen effective Sept. 1. He is filling one of two vacancies resulting from the retirements of Anderson and Justice Adolpho A. Birch, Jr.
(08/14/2006)
Randy Camp, administrative director of the state court system, announced Monday he is leaving the position because of personal matters requiring his time and attention in West Tennessee.
“For the past several months I have been dealing with personal matters involving my family in West Tennessee,” Camp said. “These matters have now reached a level of complexity that will require even more of my attention over the coming weeks, perhaps months.”
Chief Justice William M. Barker said the Supreme Court was “saddened to learn of the decision.”
“Each member of the court appreciates Randy’s dedication and service,” Barker said. “We understand that family matters must take priority in our lives, but we are sorry to see him leave.”
Camp said he did not feel that he could devote the time required to “successfully perform the duties associated with the position I hold for the Administrative Office of the Courts,” prompting his decision to leave.
“I want to express my appreciation to the Supreme Court and the AOC staff for allowing me the opportunity, honor and pleasure of serving the judicial branch and court system as director,” Camp said.
AOC Deputy Director Elizabeth (Libby) Sykes has been named acting director..
(07/14/2006)
Randy Camp, administrative director of the state court system, announced Monday he is leaving the position because of personal matters requiring his time and attention in West Tennessee.
“For the past several months I have been dealing with personal matters involving my family in West Tennessee,” Camp said. “These matters have now reached a level of complexity that will require even more of my attention over the coming weeks, perhaps months.”
Chief Justice William M. Barker said the Supreme Court was “saddened to learn of the decision.”
“Each member of the court appreciates Randy’s dedication and service,” Barker said. “We understand that family matters must take priority in our lives, but we are sorry to see him leave.”
Camp said he did not feel that he could devote the time required to “successfully perform the duties associated with the position I hold for the Administrative Office of the Courts,” prompting his decision to leave.
“I want to express my appreciation to the Supreme Court and the AOC staff for allowing me the opportunity, honor and pleasure of serving the judicial branch and court system as director,” Camp said.
AOC Deputy Director Elizabeth (Libby) Sykes has been named acting director..
Voters will be allowed to decide in November whether they want a constitutional
ban on gay marriage in Tennessee, the state Supreme Court said in a unanimous
decision filed Friday.
Had a legal challenge been successful, a public vote on the proposed amendment
to the Tennessee Constitution would have been delayed by at least two years.
Writing for a united court, Chief Justice William M. Barker rejected a legal
claim by the American Civil Liberties Union, three state legislators and others
that would have prevented the amendment from being placed on the ballot.
“Wishing to decide this constitutional matter, as we should, on the narrowest
grounds possible, we affirm the . . . decision dismissing the complaint because
the Plaintiffs have failed to establish that they have standing to bring this
lawsuit,” the chief justice wrote.
Justices E. Riley Anderson, Adolpho A. Birch, Jr., Janice M. Holder and Cornelia
A. Clark joined in the ruling, which affirmed a lower court decision by Davidson
County Chancellor Ellen Hobbs Lyle earlier this year. Because of time constraints
and the importance of the issue, no intermediate appeal was heard.
Those challenging placement of the proposed amendment on the ballot argued that
the General Assembly did not strictly comply with public notice and publication
requirements set forth in Article 11, section 3 of the state constitution. They
claimed the secretary of state published the proposed amendment for public view
approximately six weeks after the constitution required.
But the court rejected the challenge on a different basis. It held that none
of the plaintiffs had standing to bring the suit.
Barker wrote that “concern[s] about the proper—and properly limited—role
of the courts in a democratic society” required rejection of the plaintiffs’ suit.
The chief justice said because the plaintiffs could not show any personal harm
from the claimed untimely publication of the proposed amendment, they could not
bring a legal claim.
Requiring all potential plaintiffs to show an “injury in fact” before
their substantive legal claims can be considered “[properly] restricts
the exercise of judicial power . . . [so that] the courts [are not] called upon
to decide [political issues] of wide public significance,” Barker wrote.
The case is styled ACLU of Tennessee v. Darnell, No. M2006-00460-SC-RDM-CV, and is available at www.tncourts.gov.
(07/12/2006)
Circuit Court Judge John K. Wilson of Greeneville has been awarded a State Justice Institute (SJI) scholarship to attend a week-long judicial education course presented by the American Academy of Judicial Education (AAJE).
For 35 years, AAJE has offered training to state judges. The academy presents conferences at locations across the nation. Wilson, whose 3rd Judicial District includes Greene, Hamblen, Hancock and Hawkins counties, will attend a Constitutional Criminal Law & Procedure seminar Sept. 9-14 in Burlington, VT.
Conferences use a combination of instructional methods to best fit the course. These may include lectures, small group discussions, video-taping and writing activities.
The course Wilson will attend covers topics including confessions, open or closed trials, arrest, contempt, guilty pleas, identification, speedy trials and search and seizure.
Federal law created SJI in 1984 to award grants to improve the quality of justice in state courts. The institute has awarded more than $100 million supporting more than 1,000 projects.
(07/11/2006)
Hamilton County Criminal Court Judge Don Poole has been awarded a State Justice Institute (SJI) scholarship to attend a General Jurisdiction course July 9-20 at the National Judicial College in Reno, NV.
The award covers tuition, transportation and lodging. Poole and judges from across the country are sharing ideas on courtroom and case management, including those involving self-represented, or pro se, litigants. Topics included in the General Jurisdiction course include jury and non-jury trials, criminal law and procedure, docket management, judicial discretion and judicial ethics.
Gov. Phil Bredesen appointed Poole to the bench in January 2006 to fill a vacancy created by the death of Judge Stephen Bevil. Poole holds a bachelor's degree and a Doctor of Jurisprudence from the University of Tennessee, Knoxville, where he graduated second in his class.
Federal law created SJI in 1984 to award grants to improve the quality of justice in state courts. The institute has awarded more than $100 million supporting more than 1,000 projects.
The National Judicial College was founded in 1963 and averages 85 courses a year with more than 2,700 judges enrolling from across the nation. It is located on the campus of the University of Nevada, Reno, and includes technology-enhanced classrooms, a 75,000-volume law library, state-of-the-art model courtroom, modern seminar rooms, distance education facilities, computer lab and offices of the Donald W. Reynolds National Center for Courts and Media.