(02/28/2007)
New applications from Middle and West Tennessee will be accepted through March 16 for a vacant position on the Tennessee Supreme Court, Judicial Selection Commission Chairman Dale Tuttle said Wednesday.
“The commission unanimously decided in a meeting today to reopen the application process in compliance with the Tennessee Supreme Court decision in Bredesen v. Judicial Selection Commission,” Tuttle said. “We basically had two options - use the applications we already received to present the governor with three names or reopen the process. We decided to accept new applications, but also to include those who already applied for this position, except the two who are barred from consideration by the Supreme Court decision.”
The commission agreed that those who previously applied do not have to submit new applications, but should notify the Administrative Office of the Courts if they wish to withdraw.
The commission will meet April 13 in Nashville to conduct a public hearing and private interviews with applicants. The time and location of the meeting will be announced.
Those who previously applied are Circuit Court Judge D'Army Bailey of Memphis; Court of Appeals Judge Frank G. Clement, Jr., of Nashville; David O. Day of Baxter; Criminal Court Judge Steve R. Dozier of Nashville; John T. Fowlkes of Memphis; Sean Antone Hunt of Germantown; Court of Appeals Judge William Koch of Nashville; Andrei Ellen Lee of Nashville; Circuit Court Judge C. Creed McGinley of Savannah; Court of Criminal Appeals Judge J.C. McLin of Memphis; Russell Taylor Perkins of Whites Creek; Nathan B. Pride of Jackson; Stephanie R. Reevers of Antioch; Lillie Ann Sells of Cookeville; and Steven R. Walker of Memphis.
(02/23/2007)
In 1976, when the Tennessee Supreme Court tapped Lance Bracy to be disciplinary counsel for the newly-created Board of Professional Responsibility (BPR), 4,433 attorneys were practicing law in the state. During the next 31 years, Bracy, who will retire May 1, has watched that number swell to 18,400.
“As chief disciplinary counsel for the Board of Professional Responsibility, he has shaped its direction, organization and, most of all, given the office respectability and stature among the citizens of the state,” Chief Justice William M. Barker said.
“Lance has a unique combination of sound judgment, common sense and a real knowledge of the ethical principles which govern the legal profession.”
Governor Phil Bredesen offered Bracy “personal thanks” for his years of service.
“Tennessee has benefited greatly from his dedication to the Board of Professional Responsibility,” the governor said.
“For 31 years, he has been at the forefront of improving Tennessee’s legal landscape for attorneys and clients. His proficiency and expertise have been a tremendous asset to our citizens, and we are grateful for his efforts.”
The BPR, an arm of the Supreme Court, is comprised of nine lawyers and three non-lawyer members. Its responsibilities include investigating complaints against attorneys and disciplining those who violate professional rules.
While the BPR was created to aid the Supreme Court in supervising the ethical conduct of attorneys, the board’s duties have expanded to include other programs and services. Along with those changes, Bracy’s responsibilities and staff also have grown.
Improvements during Bracy’s tenure have included an ethics opinion service for lawyers; a consumer assistance program; summary suspension of lawyers for threats of irreparable public harm; mandatory notification of attorney trust account overdrafts; a BPR website; and professional enhancement programs.
“I claim no credit for the development of these programs,” Bracy said. “Members of the board, hearing committee members, the staff and the Supreme Court all contributed to their development. I only assisted.”
Justice Janice M. Holder, who serves as the Supreme Court’s BPR liaison, praised Bracy for his “exemplary service.”
“It has been of immeasurable worth to the bench, bar and citizens of this state,” Holder said.
“We are fortunate to have had the benefit of his expertise and dedication.”
During his tenure with the BPR, Bracy has assisted the board in drafting and publishing more than 140 formal ethics opinions, 600 advisory ethics opinions, and responded to more than 12,000 informal ethics inquiries by attorneys.
From its inception through June 30, 2006, the board received 36,883 complaints, resulting in 162 disbarments, 398 suspensions, 479 public censures and 2,793 private reprimands or admonitions. Tennessee attorneys have contributed $28.4 million in annual court assessments to finance the board’s programs, with no contributions from other sources.
“For the past 30 years I have been extremely blessed with a wonderful opportunity to pursue one of my lifetime missions of service to others,” Bracy said. “My visions and expectations while working for the board have been exceeded, but only because of the outstanding efforts of a wonderful staff of co-workers and the faithful support of exemplary board members.”
Now, he said, “the time has arrived for fresh ideas and visions.”
(02/13/2007)
Lawsuits by a car accident victim and a man whose hearing loss allegedly went undiagnosed by doctors for nearly a decade are among three cases Monroe County students will hear Feb. 23 as part of an educational program initiated by the Eastern Section of the Tennessee Court of Appeals.
Judge Sharon G. Lee, will preside over the three-judge panel, which also includes Court of Appeals Judges Charles D. Susano Jr. and D. Michael Swiney. The 250 students and their teachers from Sequoyah High School, Tellico Plains High School and Sweetwater High School will hear oral arguments beginning at 10 a.m. at Sequoyah High School in Madisonville.
“The CASE Project, which is an acronym for Court of Appeals Affecting Student Education, gives young Tennesseans an opportunity to see first-hand how the court system operates at the appellate level,” Lee said. “It is designed to educate them about the judicial branch of government in a manner that will interest them because it involves actual cases and real life legal issues.”
As part of the CASE Project, local lawyers will go to the schools the morning of oral argument to brief the students about the appellate process and the cases the Court will be hearing. The lawyers will also be at Sequoyah High School following oral argument to talk to students and answer questions. When the cases are decided by the court, in three to six weeks, copies of the written opinions will be furnished to the students, and law clerks who work for the appellate judges will visit the high schools to answer questions and explain the court’s decisions.
Issues in the cases include a claim by a women seeking to recover uninsured motorist benefits from her insurance company, which refuses to pay because she has already received a worker’s compensation award for her injuries; a claim that a medical center failed to diagnose a man’s hearing loss for nearly a decade; and a dispute over the division of property in a divorce case.
In addition to attending the court session, students and teachers will join the court, local judges, legislators, and attorneys for lunch.
(01/18/2007)
Tennessee Supreme Court Justice Gary R. Wade has recused himself from
participating in a case involving the process for filling a vacancy
on the court. The Supreme Court normally has five members, but currently
has only four, including Wade.
The court will hear oral arguments in the case, Phil Bredesen v. Tennessee
Judicial Selection Commission, at 1 p.m. Feb. 1 at the Supreme Court Building
in Nashville. In an order filed Thursday, the court designated Retired Justice
E. Riley Anderson to participate with Chief Justice William M. Barker and Justices
Janice M. Holder and Cornelia A. Clark.
Wade explained his decision to step down from the case in a separate order, also
filed Thursday.
“My own nomination and eventual appointment as an associate justice is
a part of the history of this litigation,” Wade wrote. “… While
I hold no preconceived opinions regarding the merits of the issues presented
and have no reservations about exercising my duty under the law, it is my desire
to avoid even the appearance of impropriety.”
Two court vacancies were created with the Aug. 31 retirements of Justices Anderson and Adolpho A. Birch, Jr. The governor appointed Wade June 6, 2006, to succeed Anderson, but the remaining vacancy sparked the litigation involving who is eligible to fill the fifth seat on the court.