Moving on from the Tennessee Plan

Minutes ago the Tennessee House passed its version of the post-Tennessee Plan system for judicial selection. (HB1448). The Senate's version of the bill is SB1573.

The legislation is certainly an improvement over the modified Missouri Plan or Tennessee Plan in operation for several decades, even though it does not jibe with the constitution's requirement for contested elections.

The only difference between the two bills is that the House rejected the innovation of allowing the governor to reject, for good cause, the recommendations of the Judicial Nominating Commission and to select a judicial candidate who had been vetted but not chosen by the Commission. Legislators need to keep this valuable means of checking the power of the virtually unaccountable commissions.


Here are the provisions at issue:

From SB1573:

§ 17-4-112. (a) (1) When a vacancy occurs in the office of an appellate court after July 1, 2009, by death, resignation or otherwise, the governor shall fill the vacancy by appointing one (1) of the three (3) persons nominated by the judicial nominating commission, or the governor may require the commission to submit one (1) other panel of three (3) additional nominees. Within sixty (60) days following receipt of the additional panel of nominees, the governor shall fill the vacancy by appointing any one (1) of the six (6) nominees certified by the commission; or, alternatively, for good cause, the governor may reject both panels and fill the vacancy by appointing another qualified person who was considered by the commission as a possible nominee for the judicial vacancy but whose name was not included on either panel submitted to the governor. (emphasis mine) If the governor rejects both panels, then the governor must provide written notice to the judicial nominating commission stating the reasons for rejection of the panels.
(2) After receiving the commission's panel or panels of nominees, but prior to making an appointment pursuant to subdivision (a)(1), or prior to making an appointment pursuant to § 17-4-113, the governor shall direct the Tennessee bureau of investigation or other appropriate
agencies to perform appropriate financial and criminal background investigations and inquiries of the prospective appointees, and the governor shall review and assess the results thereof.
(b) The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.

From HB1448:
§ 17-4-112. (a)(1) When a vacancy occurs in the office of an appellate court after July 1, 2009, by death, resignation or otherwise, the governor shall fill the vacancy by appointing one (1) of the three (3) persons nominated by the judicial nominating commission, or the governor may require the commission to submit one (1) other panel of three (3) additional nominees. Within sixty (60) days following receipt of the additional panel of nominees, the governor shall fill the vacancy by appointing any one (1) of the six (6) nominees certified by the commission.
(2) After receiving the commission's panel or panels of nominees, but prior to making an appointment pursuant to subdivision (a)(1), the governor shall direct the Tennessee bureau of investigation or other appropriate agencies to perform appropriate financial and criminal background investigations and inquiries of the prospective appointees, and the governor shall review and assess the results thereof.
(b) The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.