12 Attorneys In The Running For Judge Appointment

Friday, February 10, 2012

Twelve attorneys have applied for an interim appointment as judge in General Sessions Court.

The deadline was noon today.

Attorneys Valerie Epstein and Ron Powers were the latest to enter their names.  David Norton and Mike Acuff applied on Thursday.

Others to apply are attorneys Bryan Hoss, Lloyd Stanley, Gary Starnes, Rob Philyaw and Patricia Best Vital, Chief Magistrate Larry Ables and prosecutors Lila Statom and Rodney Strong.

The seat was held by the late Judge Bob Moon.

The County Commission plans to make the choice in early March after private interviews.

Attorneys Starnes, Epstein, Vital, Powers and Philyaw have picked up papers to run for the vacancy in an election in August.

Ms. Epstein said she has "appeared in Session Court many times, held numerous trials there and was mentored by Judge Moon.  I was endorsed by the Chattanooga Times Free Press for chancellor in 2010 and was asked to sit for Judge Moon on the bench. The Epstein family has a long history of legal involvement in Hamilton County from Louis Epstein (my father-in-law)  to Eron Epstein (my husband) and Harry James Hitching (my grandfather).

"I have 20 years of trial experience in both civil and criminal courts and I hold law licenses  in both Tennessee and Georgia and am licensed in the U.S. Court of Appeals for the 6th Circuit, the U.S. District Court for the Eastern District of Tennessee and the Tennessee Supreme Court. I attended Emory University and then the University of Tennessee law school.  I have has served on the University of Tennessee Chancellor’s Roundtable and been involved in numerous boards including WTCI, the Chattanooga Bar Association and the Southeast Tennessee lawyers Association for Women."

Attorney Hoss is the only candidate thus far to pledge to serve as a "caretaker" and not run in August.

He said in a letter to commission members:

Dear County Commissioners,

Please accept this letter and my attached resume as an application for the judicial vacancy created by the unfortunate and unexpected death of Judge Bob Moon.  I am applying to fill in as a caretaking judge only from March to August 2012.  Should I be appointed by the Commission, I will not run for election in August 2012 nor will I support or endorse any candidate. 

My decision to seek this appointment as a caretaker only is based on several reasons.  First, I have had the benefit of growing up in this community, being educated in this community, dedicating my professional life to the courts of this community and bringing up my two small children in this community.  With the untimely death of Judge Bob Moon, I recognize a work load in General Sessions Court that requires immediate care.  

Second, I know that many qualified attorneys will seek this position and they should.  But I also understand that we, as a community, do not need to politicize this process as an appointment now will surely affect the election process in August.  The County Commission is put in a difficult position because it is required by law to make an appointment.  While the appointment is required, ultimately, the decision on who should serve as a General Sessions Judge for the next eight (8) years belongs to the people of Hamilton County.  This is a decision that should be decided in an open election.  Simply put, an office which carries an eight (8) year term should be decided by the voters.  Respectfully, by appointing me in a limited, caretaking capacity only, with the promise that I will not run for the position nor will I support or endorse any candidate, this Commission would be responsible for ensuring a fair and open election process in August.   

Third, as to my education and background, I practice criminal and civil law with Davis & Hoss, P.C. where I am a partner.  I have been involved in every conceivable kind of case in General Sessions Court, both civil and criminal.  I have sat as a special judge in General Sessions Court many times over the years and will be performing these duties in Judge Moon’s absence this month.  My practice is varied but it includes representing and defending police officers in police-officer involved shootings.  I have responded to the scene of four (4) different police officer involved shootings in the last twelve (12) months alone.  As for my criminal practice, it is also diverse as I represent individuals in both State and Federal Court.  I recently concluded as lead counsel a death penalty case in February, 2012 with a plea of guilty.  Lastly, I have taught Criminal Law as an adjunct professor at UTC for the last several years.  I believe that my eleven (11) plus years of experience make me a well-qualified applicant for this position.

 I look forward to meeting with you to discuss this appointment.

                                                                                     Sincerely,

                                                                                     Bryan H. Hoss

 


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