logo

AOC Press Releases - 2nd Qtr 2008

Supreme Court of Tennessee
Administrative Office of the Courts
Internet: www.tncourts.gov

Elizabeth Sykes, Director
Tim Townsend, Deputy Director

For Information, contact Sue Allison, (615) 532-6047


(06/30/2008)

Chief Justice Amends Retirement Date to Sit with Court

Tennessee Supreme Court Chief Justice William M. Barker, who will step down from the high court effective September 1, 2008.

Chief Justice William M. Barker will remain on the state Supreme Court until Sept. 15, two weeks later than his original retirement date, so the court will have its full five members for a Knoxville docket on Sept. 3, he said.

“When I notified the governor in early May of my intended retirement on Sept. 1, I had hoped that would allow enough time for the selection process to be completed before the court heard cases in Knoxville,” he said. “However, the Judicial Selection Commission will not be able to meet until Aug. 18 to evaluate applicants for the Supreme Court and recommend three names to the governor. That close time frame, coupled with the Labor Day holiday, convinced me that I need to be available to sit with the court.”

Barker said he discussed the decision with the governor’s office and “he agrees with my decision to postpone my retirement for two weeks.”

The chief justice is stepping down after a quarter-century of judicial service. Barker, 66, is a native of Chattanooga. He earned his Bachelor’s degree from the University of Chattanooga and his law degree from the University Of Cincinnati School Of Law. Following graduation from law school, he entered the United States Army, serving for two years as a captain in the Medical Service Corps.

After his military service, he was in the private practice of law until his 1983 appointment to the Circuit Court for the 11th Judicial District. He was elected to the position in 1984 and again in 1990. During his trial court tenure, Barker was consistently given the highest rating for a Circuit Court judge in Chattanooga Bar Association polls.
In 1995, Gov. Don Sundquist appointed Barker to the state Court of Criminal Appeals. The following year, he was elected to an eight-year term. Barker was appointed to the Tennessee Supreme Court in 1998 and was elected to a full eight-year term the same year and again in 2006. His colleagues on the court unanimously elected him chief justice in 2005.


(06/18/2008)

Judge William Acree to Lead Statewide Judicial Organization

Circuit Court Judge William B. Acree, Jr., has been elected president of the 178-member Tennessee Judicial Conference (TJC), which includes all state appellate and trial court judges.

Acree, who serves the 27th Judicial District, succeeds Tennessee Court of Criminal Appeals Judge D. Kelly Thomas, Jr., of Maryville. Acree’s district includes Obion and Weakley counties.

“It is a great honor to have been chosen by my colleagues to lead our Judicial Conference,” Acree said. “While it is somewhat daunting to follow the outstanding leadership provided by Judge Thomas, I am looking forward to the challenge.”

Other new TJC officers include Chancellor Carol L. McCoy of the 20th Judicial District, who has become the first woman president-elect of the conference. McCoy will succeed Acree as president in June 2009.

Criminal Court Judge James C. Beasley, Jr., of the 30th Judicial District is the new TJC vice president; Criminal Court Judge Mark Ward of the 30th Judicial District was elected secretary; and Circuit Court Judge Roy Morgan, Jr., of the 26th Judicial District is conference treasurer.

Newly elected executive committee members are Circuit Court Judge Robert Jones of the 22nd Judicial District; Criminal Court Judge Lee Coffee of the 30th Judicial District; and Chancellor Martha Brasfield of the 25th Judicial District.

The Judicial Conference provides continuing judicial education for judges and a forum for members to share experiences and ideas for the betterment of the judicial system. In addition, a TJC foundation provides scholarships to outstanding law school students.

Acree, of Union City, has served as circuit court judge since 1994. Prior to his appointment, he was in the private practice of law. He has served as a special judge on the Tennessee Court of Criminal Appeals, the Tennessee Court of Appeals and the Tennessee Supreme Court Worker’s Compensation Panel, as well as a special master appointed by the Supreme Court. He was a member of the governor’s Task Force on the Use of Enhancement Factors in Criminal Sentencing. In 2003, he was instrumental in starting a successful drug court in the 27th Judicial District. He also served as president of the Tennessee Trial Judges Association.

Acree earned his B.S. and law degrees from the University of Tennessee. He spent two years in the United States Army following his graduation from law school.

He is married to the former Ginny O’Brien and has five children.


(06/09/2008)

Bredesen Announces Appointments to Tennessee Appellate Courts

Stafford and McMullen To Fill Respective Vacancies On Court of Appeals And Court Of Criminal Appeals, Western Section

NASHVILLE - Governor Phil Bredesen today announced that Chancellor Steve Stafford of Dyersburg, Tenn., has been appointed to the Tennessee Court of Appeals, Western Section, and Camille R. McMullen of Millington, Tenn., has been appointed to the Court of Criminal Appeals, Western Section.

Stafford will fill the vacancy created by the death of Judge W. Frank Crawford in April. McMullen's appointment will fill the vacancy created by Judge David G. Hayes' retirement from the appellate bench at the end of June to become a Senior Judge.

"I am confident that Chancellor Stafford and Ms. McMullen will serve with honor and distinction as they fill these two important posts. I appreciate the experience and skill each brings to their respective appointments, and I am very pleased they have agreed to serve the State of Tennessee*s appellate courts," said Bredesen. "I also want to honor the late Judge Crawford. He left behind a legacy of honesty and integrity after serving on the Court of Appeals for 26 years, and he will be deeply missed by all those who worked with him throughout his distinguished career."

Stafford, a Weakley County native, has been Chancellor of the 29th Judicial District since 1993. A graduate of Samford University Cumberland School of Law, he was selected as the 2007 Judge of the Year by the American Board of Trial Advocates, Tennessee Chapter. A member of the Dyer County Bar Association since 1983, he received the Tennessee Judicial Conference Outstanding Service Award and the West Tennessee Legal Services Award for Support and Contribution to the Pro Bono Project in 2000.

"I have continually worked to improve the judicial system and to make myself a better judge," said Stafford. "It is my hope to be able to apply that knowledge and experience as an appellate judge. I appreciate Governor Bredesen*s confidence in me and look forward to serving in this position."

McMullen has been an assistant United States attorney for the Western District of Tennessee since 2001. A native of Nashville, McMullen graduated from the University of Tennessee College of Law in 1996 and served as an assistant district attorney for Shelby County from 1998 to 2001. A member of the Memphis Bar Association since 2003, McMullen was awarded for her outstanding efforts in Project Safe Neighborhoods in 2002 and received the U.S. Department of Justice Special Achievement Award in 2005.

"It is an honor and a privilege to be appointed by Governor Bredesen to serve the state as a judge on the Court of Criminal Appeals," McMullen said. "I have worked very hard inside and outside of the courtroom to educate our citizens on the law, and I look forward to the opportunity to continue to serve in this new capacity."


(05/27/2008)

650 Boys State Delegates Participating in Tennessee Supreme Court Program

American Legion Boys State delegates from high schools in all 95 counties will participate Wednesday, May 28, in the SCALES Program, an acronym for the Supreme Court Advancing Legal Education for Students. SCALES is a Tennessee Supreme Court initiative designed to educate young Tennesseans about the judicial branch of government.

The 650 students 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 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 18,758 students from 403 public and private schools across the state have taken part in SCALES since the Supreme Court initiated it in 1995.

"These young people are our nation’s future leaders,” Chief Justice William M. Barker said. “The SCALES Program gives them an opportunity to see first-hand how the judicial branch of government functions. For some, it may inspire them to become part of the legal profession as lawyers and judges.”

Issues in the cases students will hear at Boys State include whether police legally entered and searched a motel room after receiving a complaint about fumes and smelling a strong odor. The occupant of the room was arrested and indicted for the manufacture of methamphetamine and other drug-related charges. The second case the court will consider involves whether a murder defendant’s post-Miranda statement to police should have been suppressed.

Each SCALES participant will receive a handbook containing information about the state and federal court systems and the two cases. In addition, Maddux and other lawyers and judges will conduct educational sessions with the students.


(04/29/2008)

Chief Justice William M. Barker to Retire
After a Quarter-Century of Judicial Service

Tennessee Supreme Court Chief Justice William M. Barker, who will step down from the high court effective September 1, 2008.

Chief Justice William M. Barker will retire effective at noon September 1 after a judicial career spanning 25 years.

“It has been a great honor to serve the first twelve years as a circuit judge in Chattanooga, followed by three years on the Court of Criminal Appeals, and the last ten as a member of our State Supreme Court,” Barker wrote in a letter to Gov. Phil Bredesen. “It has been my highest professional honor to have been chosen by my colleagues to serve as Chief Justice these past three years.”

Barker, 66, is a native of Chattanooga. He earned his Bachelor’s degree from the University of Chattanooga and his law degree from the University Of Cincinnati School Of Law. Following graduation from law school, he entered the United States Army, serving for two years as a captain in the Medical Service Corps.

After his military service, he was in the private practice of law until his 1983 appointment to the Circuit Court for the 11th Judicial District. He was elected to the position in 1984 and again in 1990. During his trial court tenure, Barker was consistently given the highest rating for a Circuit Court judge in Chattanooga Bar Association polls.

In 1995, Gov. Don Sundquist appointed Barker to the state Court of Criminal Appeals. The following year, he was elected to an eight-year term. Barker was appointed to the Tennessee Supreme Court in 1998 and was elected to a full eight-year term the same year and again in 2006. His colleagues on the court unanimously elected him chief justice in 2005.

In his letter to Bredesen, Barker said he has “seen countless positive changes in both substantive and procedural laws” while serving as a judge. “I am pleased to report that the state of the judiciary in Tennessee is excellent,” he wrote.

Barker said his retirement plans include doing church mission work, becoming more active in civic projects, traveling, spending time with his family and “perhaps returning to the private practice of law.”

“Although I will miss the intellectual stimulation the judiciary provides and the collegiality I have enjoyed with members of all branches of our state government, I am confident I leave Tennessee’s courts in professional and capable hands.”

The retiring chief justice currently serves as chair of the Tennessee Code Commission, the Supreme Court Building Commission and the State Law Library Commission.

He also is a member of the American Law Institute and serves on the board of directors of the Conference of Chief Justices and is chair of its Problem-Solving Courts Committee.


(04/23/2008)

402 Students from 10 Area Schools Participating in Supreme Court Program

Students from 10 public and private 8th Judicial District high schools will hear arguments in three state Supreme Court cases Thursday, May 8, in Jacksboro as participants in a program that educates young Tennesseans about the judicial branch of government.

The 402 students and their teachers will attend a special Supreme Court session in the auditorium at Campbell County High School. Each of three groups of students will hear oral arguments in one actual case, beginning at 9 a.m., followed by a question and answer session with the attorneys for both sides in the cases. The five-member Supreme Court will be seated at a portable bench constructed for use at SCALES programs.

Schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students – are Claiborne High School, Cumberland Gap High School, Jellico High School, Scott High School, Alvin C. York Institute, Clarkrange High School, J. Frank White Academy, Oneida High School, Union County High School and Campbell County High School.
Since the first SCALES program in 1995, 18,758 students have participated. Chief Justice William M. Barker and Justices Janice M. Holder, Cornelia A. Clark, Gary R. Wade and William C. Koch, Jr., conduct SCALES programs in communities across the state at the request of local judges and members of the Bar.

Participating students and teachers will join the Supreme Court, local judges, attorneys and other guests for lunch and a brief program. The meal is being sponsored locally.

Teachers whose classes are involved in the project attended a three-hour professional development session April 4 conducted by Court of Criminal Appeals Judge D. Kelly Thomas and Criminal Court Judge Shayne Sexton. The session included a review of cases to be argued at SCALES. The teachers also were provided with notebooks of materials to use in their classrooms, including suggested activities, and SCALES Project handbooks for each student.

Local judges and attorneys met with teachers at the professional development session to schedule classroom visits to review the cases and issues to be considered by the Supreme Court. After justices rule in the cases, copies of the court's opinions will be provided to the classes and posted on the court system website at www.tncourts.gov.

"For the past 13 years, the Supreme Court has traveled across the state conducting SCALES programs,” Chief Justice Barker said. “We believe it is important for students to see first-hand how the judicial system they will inherit works. Spending time with the young Tennesseans always renews our faith that the future of this country is in good hands.”

Cases the students will hear involve a drug-related arrest sparked by a traffic stop and whether the stop was illegal; whether a motorist arrested for DUI should have been stopped by police based on another motorist flashing her lights and waving her arms to get the attention of the officer; and whether a criminal defendant’s confession should be suppressed because his constitutional rights to an attorney and to remain silent were violated.


(04/22/2008)

Judge Hayes Leaving Court of Criminal Appeals; Taking Senior Judge Status

Judge David G. Hayes, of the Tennessee Court of Criminal Appeals, who is retiring and will serve as a senior judge.

Court of Criminal Appeals Judge David G. Hayes will retire from the appellate bench June 12 to become one of Tennessee’s five senior judges.

“It has been an honor and privilege to serve the citizens of this state for the past 32 years in the positions of District Attorney General, Circuit Judge and currently as a member of the Court of Criminal Appeals,” Hayes wrote in a letter to Gov. Phil Bredesen.

Senior judges are former trial and appellate court judges who may be assigned on a temporary basis to any state court.

Chief Justice William M. Barker described Hayes as being “among the finest judges in Tennessee.”

“I know he will be sorely missed by his colleagues on the Court of Criminal Appeals,” Barker said. “His devotion to the law and to the judicial system are two of the qualities that make him an outstanding judge. We are grateful to Judge Hayes for agreeing to continue his judicial service as a senior judge.”

Hayes, 64, who recently moved to Camden, was appointed to the Court of Criminal Appeals in April 1994 and was elected to the unexpired term the same year. He was reelected to an 8-year term in 1998 and again in 2006.

He earned his undergraduate degree from the University of Tennessee and his law degree from the University of Mississippi.

Hayes, a sixth-generation Tennessean, served as a staff attorney for the Exxon Corporation in Houston, TX, for two years and was a partner in a Union City law firm for six years before being elected district attorney general. In 1990, he was appointed and later elected as a Circuit Court judge, a position he held until his appointment to the Court of Criminal Appeals.

Information on the process for filling Hayes’ Court of Criminal Appeals seat can be found on the court system website at www.tncourts.gov.