Open letter to Hamilton County Commissioners:

I have heard about all the jockeying that has been going on with the General Sessions judge appointment.  It was shocking to learn that certain lawyers were circling before Judge Moon’s body was removed from his house.  I am certain that each of you gentleman has received numerous phone calls from lawyers as well as their supporters. 

I am also certain that there have been promises made to some applicants for the position, promises to other commissioners regarding filling this position and perhaps, promises of future political favors should a vote go a certain way, as well as future retribution for those who find themselves on the wrong side of the vote or perhaps to punish those who gave their solemn word, but with fingers crossed.

This appointment is one of the most important decisions that you can make.  Whoever you appoint will have the luxury of a short-lived, but a definite incumbency heading into the August election.

Please remember that the government official that most citizens are likely to come into contact with is the General Sessions judge.  There is nobody in this county who has never violated the speeding laws.  The majority of speeding cases are heard by General Sessions judge.  Ninety plus percent of all misdemeanor cases end in General Sessions Court.  On the civil side, General Sessions Curt can be likened to a “People’s Court,” with many cases filed and heard there every year. 

It is imperative that whoever gets this position be experienced in both civil and criminal law, but primarily criminal law.  The job is 90 percent criminal, so whoever does not have significant experience in that area should be automatically eliminated.  If the eliminated attorneys really want the position, they can run for it.

Maturity, patience and neutrality is an absolute must.  Those who do not possess all three should not be considered.  A judge is not a “super prosecutor” nor is he or she a defense attorney.  A judge is supposed to be neutral, hearing both side of a case before making a decision.

Temperament is also paramount.  Those who lose their temper with little provocation should be eliminated.  A judge who does not possess sound temperament will abuse all parties who appear before that judge.  All lawyers know what “Robe-itis” means.  It is an ailment that afflicts many judges upon ascending to the judiciary.  Their disposition changes, they want to work very few hours, and act like they are being bothered when only called upon to do their jobs.  I would estimate that our present General Sessions judges average about 25 hours per week, maybe less.  That is another story, though.  Those applicants who have shown poor temperament should not be considered.

What is the absolute worst way to fill this position?  I think we all know.  If any of you are seeking to fill this position on the basis of prior political paybacks, friendships, promises of future political favors, etc., then maybe you should step down right now.  Likewise, those commissioners who cannot find it within themselves to vote for someone purely on the basis of what kind of job they think the future judge will do, you should abstain from this vote.  If you are feeling pressured to vote a particular way because you go to church with one of the candidates, then I would dare say that you are totally violating your oath as well as your duty to the citizens of this county.  Don't do it.  It shows a complete lack of respect for the process as well as the citizens who elected you to your position.

In summary, no political paybacks, no political promises, no promises to other commissioners, No voting for someone because you go to church with that person.

Please do what is right and for once, forget the political gamesmanship.  Appoint someone who has the experience, the temperament, the maturity and the patience to do the job.  Please.

Pat Johnson

Chattanooga