Partisan statewide chancery court idea dropped in House, replaced by new appeals court
A Senate proposal to create a statewide chancery court made up of three judges elected in statewide partisan elections has been dropped in the House. Instead, the lower chamber wants to create a new “court of special appeals,” made up of three new judges who would stand for yes-no retention elections.
The new panel could take up case in which the attorney general intervenes on behalf of the state, and it would be the court of original jurisdiction for any challenges of redistricting plans.
Former lawmakers or governors would not be eligible to serve on the new intermediate court of appeals. Members would be appointed by the governor, though nominees would have to be confirmed by a joint convention of the General Assembly.
Senate Judiciary Chair Mike Bell (R-Riceville) has been a main proponent of holding popular elections for a statewide chancery court. The conflicting versions of the court proposals could lead to the need for a conference committee to see if the two chambers can work out their differences.
Here’s the full House amendment sponsored by Rep. Andrew Farmer (R-Sevierville):
Continue readingSECTION 1. Tennessee Code Annotated, Title 16, is amended by adding the following as a new chapter:
16-7-101.
There is created and established an appellate court to be designated and styled the court of special appeals of Tennessee.
16-7-102.
(a) The court of special appeals is composed of three (3) judges, one (1) from each grand division of the state.
(b)
(1) Immediately preceding appointment, each Judge must be at least thirty (30) years of age, must have been a resident of the state for at least five (5) consecutive years, and must have been a resident of the grand division from which the judge is appointed for at least one (1) year. For purposes of this section, resident has the same meaning as defined in § 2-1-104. The judges must be duly licensed to practice law in this state.
(2) In order to ensure fairness, to avoid the appearance of impropriety, and to avoid political bias, a former member of the general assembly or a former governor shall not serve as a judge of the court of special appeals.
(c) The governor shall appoint three (3) persons to serve as judges of the court of special appeals and vacancies on the court of special appeals must be filled by the governor. Each judge of the court of special appeals will be elected by the qualified voters of the state in a statewide retention election conducted in accordance with title 17, chapter 4, part 1. A judge of the court of special appeals must qualify as a candidate and be elected by the qualified voters of the state.
The initial terms of the judges begin on October 1, 2021. The oath of office for each judge of the court of special appeals must be filed and entered on the minutes of the court in the grand division from which the judge resides. The oath must likewise be filed and entered on the records in the office of the secretary of state at Nashville.
Bid to oust judge over absentee voting ruling killed in House
The House Civil Justice Subcommittee has killed a resolution calling for the ouster of Nashville Chancellor Ellen Hobbs Lyle for a ruling expanding access to absentee voting last summer.
The measure sponsored by Rep. Tim Rudd failed on a voice vote. The question was called on the measure despite the Murfreesboro Republican saying he wanted to roll the bill until next week. Rudd confronted Chair Andrew Farmer (R-Sevierville) after the meeting.
“You’re a disgrace!” Rudd told Farmer, bumping into a reporter standing between the two lawmakers.
The measure’s failure comes as a bit of a surprise as 67 Republicans were listed as co-sponsors. But the subcommittee included two Republicans members hadn’t signed on — Michael Curcio of Dickson and Johnny Garrett of Goodlettsville — and two Democrats who opposed the measure, Antonio Parkinson of Memphis and John Ray Clemmons of Nashville.
Rep. Bruce Griffey (R-Paris) demanded a roll call vote, but his motion didn’t come until the vote was already underway. He sought a recount after the fact, but Farmer had already gavelled the resolution dead.
One observer noted the fight over the ouster resolution could portend a splintering among the House Republican Caucus going forward. The extent of the fallout and the fate of inevitable resurrection attempts remain to be seen.
Here are the candidates for House GOP leadership
Following Rep. Andrew Farmer’s withdrawal as a candidate for House majority leader, the only remaining contested GOP leadership race appears to be for caucus chair, where Robin Smith is challenging Jeremy Faison.
Here’s the list circulated among House Republican Caucus members (with the caveat that nominations will also be allowed to be made at the GOP meeting on Tuesday) :
Speaker
- Cameron Sexton
Speaker Pro Tempore
- Pat Marsh
Republican Leader
- William Lamberth
Republican Caucus Chair
- Jeremy Faison
- Robin Smith
Assistant Majority Leader
- Ron Gant
Caucus Whip
- Johnny Garrett
Floor Leader
- Paul Sherrell
Caucus Vice-Chair
- Brandon Ogles
Caucus Secretary
- vacant
Caucus Treasurer
- Mark Cochran
Fiscal Review
- Clark Boyd
- Jason Zachary
- Kelly Keisling
- Kevin Vaughan
- Ron Gant
- Rush Bricken
- Scott Cepicky
Farmer drops challenge of Lamberth for majority leader
State Rep. Andrew Farmer (R-Sevierville) is dropping his bid for House majority leader, according to a message to GOP colleagues obtained by the The Tennessee Journal.
Farmer cites the “fantastic” outcome of this month’s elections in his decision to give up his challenge of Rep. William Lamberth (R-Portland) for the No. 2 leadership position in the chamber. Republicans held on to all 73 House seats they came into the election with.
“A change in leadership is not what the caucus needs right now and therefore I am officially withdrawing my name,” Farmer said. “The best thing we can do is stand together in unity and support the leadership that is currently in place.”
Rep. Robin Smith of Hixson is challenging Rep. Jeremy Faison of Cosby for House Republican Caucus chair. The leadership vote is scheduled for next week.
Dear Members,
I wanted to take this opportunity to thank you all for the support and encouragement you have given to me over the past several weeks. I have genuinely enjoyed traveling around the state, visiting your respective districts and getting to know you all better. The Tennessee ”volunteer” spirit is alive and well in our great state!
As the election results came in, I was incredibly pleased to see that we successfully brought back all our Republican members. Congratulations to everyone! These fantastic outcomes, combined with the fact we have a significant amount of money left in the caucus, have caused me to reconsider my candidacy for majority leader. A change in leadership is not what the caucus needs right now and therefore I am officially withdrawing my name. The best thing we can do is stand together in unity and support the leadership that is currently in place.
I am looking forward to working with each of you in the 112th.
The curious case of the Casada calls
Former House Speaker Glen Casada says that contrary to what The Tennessee Journal has reported, the Franklin Republican is not supporting Rep. Andrew Farmer’s bid for House Majority Leader. He says he’s also not backing the current No. 2 Republican in the House, Rep. William Lamberth of Portland.
“Someone is bold face lying to you,” Casada said in a text message. “I am no in no way helping anyone in the upcoming caucus elections.”
The Journal had been inundated by claims that Casada is agitating behind the scenes on Farmer’s behalf. Exhibit A, the reasoning goes, is his business relationship with Farmer — they are partners in Red Door Title Services in Franklin. Not so, says Farmer, a Sevierville attorney who has other similar relationships with title businesses around the state. Farmer also says Casada told him he wouldn’t be supporting his leadership bid.
And yet the word spreading around the Capitol is that Casada may be looking to exact some revenge on Lamberth and then-Republican Caucus Chairman Cameron Sexton of Crossville) for abandoning him when his speakership collapsed last year. Sexton later won election to Casada’s old job in the chamber.
Casada — who has been speaker, majority leader, and caucus chairman (twice) — has much experience when it comes to Republican leadership fights. He’s not always successful (he lost his first bid for the speaker’s nomination and only lasted a couple months after finally winning the top job), but other ambitious colleagues ignore his machinations at their peril.
So is Casada really staying out of the leadership race? In the end, it will probably come down to what the wily lawmaker sees as presenting the best possible outcome for Glen Casada.
Farmer challenging Lamberth for majority leader
State Rep. Andrew Farmer (R-Sevierville) is challenging Rep. William Lamberth (R-Portland) for the position of House majority leader this fall, according to a letter to colleagues obtained by the The Tennessee Journal.
Farmer and Lamberth were two of four Republican attorneys first elected to the House in 2012 (the other two were Rep. Mike Carter of Ooltewah and disgraced former Rep. Jeremy Durham of Franklin). Farmer won the District 17 seat following Republican Rep. Frank Niceley’s election to the state Senate, while Lamberth was elected the District 44 seat vacated by the retirement of Rep. Mike McDonald (D-Portland).
Lamberth won the chamber’s No. 2 leadership position in November 2018 in the same caucus election that saw Rep. Glen Casada (R-Franklin) nominated for what turned out to be a truncated speakership.
Here’s Farmer’s letter:
Dear Members,
As most of you know, I have been considering the opportunity to run for a caucus leadership position. Realizing the challenges of the upcoming session, I am ready to work with you to face those challenges to make a positive impact on our great state. After much prayer, deliberation and discussion with my wife and family, I have decided to announce my candidacy for House Majority Leader.
Our caucus benefits from a wide range of abilities, viewpoints and experiences among the members. As Majority Leader, I will work to help every member effectively represent their district. We all deserve to make a difference, and that is only accomplished when all of our voices are heard. We only reach our full potential when we recognize the wisdom of our constituents who put us here in the first place. After more than a decade as an attorney I have experienced the challenges that individuals, businesses, and families face. I have learned that listening and understanding their needs are always the first step in helping. By applying those same principles we can make the upcoming session both exciting and productive.
I appreciate the support that so many of you have already offered and I look forward to meeting individually with each one of you to discuss how we, together can reach new heights as a unified caucus. I am respectfully asking each of you for your support and vote.
Sincerely,
Andrew Farmer
Rep. Farmer ends law firm advertising campaign touting lawmaker role
State Rep. Andrew Farmer, a likely choice to become House judiciary chairman had an unrelated leadership vote turned out differently, has abandoned a billboard campaign for his law firm touting his role as “an actual lawmaker,” The Tennessean’s Joel Ebert reports.
“Who better to argue the law than an actual lawmaker?” read the billboards advertising Farmer’s personal injury, criminal defense, and family law practice.
Rep. Andrew Farmer changes billboards over concerns he used his elected office to promote private business https://t.co/R7Y9nkDPGW via @knoxnews
— Joel Ebert (@joelebert29) September 9, 2019
Farmer said he sought approval from the state Board of Professional Responsibility and ethics officials about the language used in the ads before putting them up. He then started getting calls from constituents raising concerns.
“The first phone call I got, they said, it might be some people are taking this the wrong way,” Farmer told the paper. He then decided to change the billboards.
Farmer, of Sevierville, is the chairman of the House criminal justice subcommittee. He was widely believed to be the frontrunner to succeed House Judiciary Chairman Michael Curico had the latter won his bid for House Republican Caucus chairman. But Curcio lost to Rep. Jeremy Faison (R-Cosby), so nothing has changed within the Judiciary Committee.
Farmer said he doesn’t use his elected office to drum up business.
“When I talk to clients … I don’t say, ‘Hey hire me because I’m in the legislature,'” he said. “I think that’s over the line.”
