The state attorney general, at the request of Gov. Phil Bredesen, filed suit Monday against the Judicial Selection Commission over candidates put forward by the panel for a vacancy on the Tennessee Supreme Court.
The lawsuit filed in Davidson County Chancery Court disputes that the Judicial Selection Commission gave Gov. Bredesen a "full slate of nominees" on a replacement for the only black member of the high court, A.A. Birch.
Gov. Bredesen rejected the first slate of three candidates after a minority contender dropped out. He said minority candidates needed to be included.
A second slate was submitted that included one minority. The panel also resubmitted the name of Covington attorney J. Houston Gordon.
The governor accused the panel of "game playing."
Attorney General Paul Summers asked the Judicial Selection Commission for its guidance on whether it wants to seek separate legal representation in the case.
He said his office has a duty to represent all state agencies in litigation of this nature, but "because my office has initiated the suit on behalf of the governor against the Commission ... the question arises whether the Commission will require separate legal representation in the case."