The Battle Continues In Tennessee
May 29, 2008
The people of Tennessee got a step closer to reclaiming their constitutional right to vote for state judges when the legislature adjourned last week without reauthorizing the judicial selection commission. But an article in the Memphis Daily News makes it clear the battle is not over.
While Tennessee’s judicial selection commission has entered a one year “winding down” phase, expect proponents of secret selection of judges to push harder in next year’s legislative session. Vanderbilt law professor Brian Fitzpatrick offers a preview of the coming fight:
“I think you’re going to hear a big contingent of people who do not believe that voters are well educated enough to select judges,” Fitzpatrick said. “A lot of people hold that view, not just lawyers – that the law is a specialized field and people with legal training are really the best judges of who the best judges are…It’s frankly a bit paternalistic to tell people that they are not educated enough to make decisions about public officials who have a lot of power over their lives.”
Fitzpatrick has authored an important study on Tennessee’s judicial selection plan, which can be viewed here.
For more on the state’s judicial selection battle, check out Bill Hobbs’ blog, the best one out there for staying on top of Tennessee politics.