More Lobbying By Judges In Tennessee
April 29, 2009
With just 62 days until Tennessee’s “merit” selection system expires, blogger Terry Frank has been monitoring the ongoing lobbying activities of several sitting judges, including members of the Supreme Court, who are using their offices to try to defeat legislation that would make judges more accountable and the judicial selection process more transparent. Ms. Frank notes that Canon 2 Sec. B of Tennessee’s judicial Code of Conduct requires that judges not “lend the prestige of judicial office to advance the private interests of the judge or others;” And:
“As Holder, Koch, Wade and Kirby are all sitting judges with a stake in the legislative outcome so to speak, are they lending the prestige of their office to advance what will benefit them personally? It looks like it to me.”
Sec. B also says “judicial letterhead must not be used for conducting a judge’s personal business.” While Ms. Frank agrees that judges have First Amendment rights like anyone else:
“ … they [Justices Koch and Holder] have clearly used their positions to lend greater weight and authority to their opinions regarding passage of this particular legislation. So have Justices Kirby and Wade by denoting their titles/positions on their letterhead.”
Wait a minute – aren’t judges in Tennessee chosen by “merit” selection? And doesn’t “merit” selection ensure that judges will remain cool, aloof, serene … floating above the political fighting and grubby lobbying that consume lesser public servants? Guess not.