(08/31/2001)
Judge Receives Scholarship from State Justice Institute
Criminal Court Judge J.O. Bond of Lebanon has completed a workshop on scientific evidence and expert testimony conducted at the National Judicial College. The 15th Judicial District judge received a scholarship from the State Justice Institute, a nonprofit organization created by federal law to improve the quality of justice in state courts.
The course completed by Bond was designed to help judges evaluate expert testimony presented by doctors and scientists.
“It is wonderful that the State Justice Institute helps us in our continuing education efforts,” Bond said. “This course is needed by all criminal court trial judges because of new discoveries of scientific matters.”
(08/22/2001)
Area Students Participating in Supreme Court Program
Nearly 600 Sumner County high school students will participate Oct. 5 in a state Supreme Court program designed to educate young Tennesseans about the judicial branch of government.
Students and their teachers from nine schools, along with home-schooled students, will attend a special Supreme Court session at the Sumner County General Sessions Court Building in Gallatin 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.
All participating students and teachers also will join the Supreme Court for lunch in Ramsey Hall at First United Methodist Church in Gallatin. 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.
Schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students – are College Heights Christian Academy, Hendersonville Christian Academy, Highland Academy, Portland High School, Westmoreland High School, Hendersonville High School, White House High School, Beech High School and Gallatin High School.
Teachers whose classes are involved in the project attended a three-hour professional development session in Gallatin to prepare for the SCALES Program. Tennessee Court of Appeals Judge Patricia J. Cottrell 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. Chancellor Tom Gray is coordinating the project in the 18th Judicial District.
"The Tennessee Supreme Court believes that knowledge and understanding of the judicial branch of government are essential to good citizenship,” Chief Justice Riley Anderson 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 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.
"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."
The Sumner County event will be the first SCALES Project presided over by Justice Frank F. Drowota, III, who was elected by the court to succeed Anderson as chief justice. Anderson will remain on the court, but stepped down as chief justice effective Sept. 1.
Issues in the cases students will hear include whether a defendant is criminally responsible when another participant in a drag race or a passenger is killed; whether escape from a police car constitutes an escape from a penal institution; and whether a sentencing enhancement factor involving a probation violation can be applied when the probation violation is part of a juvenile record.
Including SCALES in the 18th Judicial District, more than 9,000 Tennessee students across the state have taken part in the project since the Supreme Court initiated it in 1995.
(07/23/2001)
Settlement Reached, Trial Averted in Williams Case
City Court Judge Walter F. Williams of Chattanooga will attend training to enhance the quality of his performance on the bench and also could receive a 30 day suspension from office under terms of an agreement reached Monday with the state Court of the Judiciary.
"Although the charges against Judge Williams are serious and egregious, his conduct does not appear to be criminal in nature," said Jerry Scott, disciplinary counsel for the court. " The various counts included in the settlement could be categorized into four specific areas - improper sentences for criminal contempt; improper sentences for civil contempt; failure to inquire, as required by law, regarding the ability of defendants to pay fines prior to imposing jail sentences for failure to pay fines; and threats of sending defendants to jail if they failed to get a GED".
Under the agreement, 20 counts of the court's formal charges against Williams are withdrawn and four counts of judicial misconduct are retained. The remaining counts are Nos. 4, 5, 21 and 22 of the original counts included in formal charges filed May 7 by the court.
The agreement, signed by Presiding Judge J.S. Daniel for a majority of the hearing panel, is "in the best interest of everyone," Scott said. He said Williams never has attended training at the National Judicial College, which he is required to do as part of the settlement. The state will not pay the judge's expenses to attend the court-ordered training, he said.
"Under the agreement, his 30 day suspension will be suspended for 36 months," Scott said. "If there are no further formal charges of the same types during that time, the suspension will not take place. If there are charges of the same types during the 36 month period, the same four charges also could be reactivated. As to any new charges, Judge Williams would face the full range of sanctions available to the court if found to have committed an act of judicial misconduct."
Scott said the agreement averts the need for a trial, which was scheduled to begin Wednesday in Chattanooga. He said a trial would have been an inconvenience to witnesses scheduled to appear and would have disrupted normal business in the courthouse. Also, he said it could have been costly for taxpayers since it was scheduled to continue for three days and involved 11 of the 15 members of the court in addition to judicial staff.
"We believe this is a reasonable and fair settlement for everyone involved," Scott said. "The Court of the Judiciary is limited by law in its remedy powers. The court may suspend the judge only with pay because the state Constitution prohibits suspension or reduction of a judge's pay during the term of office. Other sanctions available to the court include issuing a cease and desist order and imposing limitations and conditions on the judge's performance. The court also may enter into a deferred discipline agreement as has been done here."
In the most serious cases, historically those involving intentional
criminal conduct, the court may recommend removal from office, which ultimately
is a legislative decision. The only other remedy the court may impose is a
private admonition which has to be agreed to by the judge. All sanctions are
subject to review by the Tennessee Supreme Court.
(07/11/2001)
Supreme Court Implements Jury Reform Project
Jurors in 10 courtrooms across the state are participating in a new Tennessee Supreme Court jury reform pilot project aimed at improving conditions for citizens called to render verdicts in civil and criminal trials.
The project, continuing until March 1, 2002, will assess the potential effect of 14 recommendations made by the Tennessee Bar Association Jury Reform Commission. The commission was created in 1998 to evaluate jury procedures in the state.
“The impact of each recommendation will be studied during and after implementation and the results of the pilot program will be disseminated and made available to judges, lawyers and citizens in Tennessee,” the Supreme Court said in its order establishing the project.
In a 1999 report, the TBA Jury Reform Commission cited areas of the jury system needing improvement. Reform objectives are:
“Across this state, jurors are performing a difficult public service that is the linchpin of our justice system,” Chief Justice Riley Anderson said. “These good citizens deserve to be treated with the utmost respect and we need to make their very critical task as informed, convenient and stress-free as we possibly can. That is the goal of the Supreme Court and the TBA in studying the issue and implementing this project.” Participants in the pilot project are Circuit Court Judges Robert Childers of Memphis, Creed McGinley of Savannah, Don Ash of Murfreesboro and Marie Williams of Chattanooga; Chancellor Steven Stafford of Dyersburg; and Criminal Court Judges Lillie Ann Sells of Cookeville, E. Shayne Sexton of Jacksboro, Richard Baumgartner of Knoxville and James Beasley, Jr. of Memphis. A Nashville judge also will be named to take part in the pilot program. The chief justice said one or more of the 14 recommendations already may be in effect in some participating courts. But, he said, all of the suggestions will be implemented during the project. Jury Reform Commission recommendations being used in pilot courtrooms are: