Special Supreme Court Denies Hooker's Petition To Rehear

Wednesday, April 23, 2014

The Tennessee Special Supreme Court has issued an order denying John Jay Hooker’s Petition to Rehear the case in which he challenged the constitutionality of the state’s judicial selection process.

Mr. Hooker filed the petition with the Court March 27, seeking a rehearing on the issue of the constitutionality of the Judicial Nominating Commission (JNC) under the Tennessee Plan, on the issue of the constitutionality of statewide voting for the judges of the intermediate appellate courts, and on the issue of the competence of the Court of Appeals to have ruled in this case.

In its order, the Court explains Mr. Hooker has suffered no harm from its holding that the challenge to the constitutionality of the JNC under the Tennessee Plan is moot in this case. Because the Special Supreme Court vacated the decision of the Court of Appeals on that issue, the issue may still be litigated in another case in which different facts may be presented.

The Court also explains in the order that the constitutional limitation on voting by district is inapplicable to appellate court elections because those judges are not “assigned” to any district. The statutory residence requirement by grand division is only a qualification for the office of intermediate appellate judge; it does not apply to those voting for those offices. A judicial candidate can be required to live in a certain geographic area as a qualification for office, but still be elected statewide without regard to geographic area in which the qualified voters reside.

Because the Special Supreme Court did not rely on the holding or the reasoning of the Court of Appeals, but rather based its decision on its own, independent analysis of each of the issues presented, no rehearing is required on the issue of the competence of the Court of Appeals.


Chattanooga Chamber Calendar Of Events Feb. 27-March 3

TUES/28 LCAA Candidate Forum 7:30-9 a.m. EPB Building: MLK Boulevard The Leadership Chattanooga Alumni Association hosts a meet and greet with candidates for City Council and Chattanooga Mayor.   TUES/28 East Brainerd Chamber Council Meeting 11:30a-1 p.m. Car Barn: 6721 Heritage Business Ct. Speaker: James McKissic $12   TUES/28 Action/Priority Matrix: ... (click for more)

Attorney Virgil Duane Parker Goes On Disability Status

 By Order of the Tennessee Supreme Court entered February 23, 2017, the law license of Hamilton County attorney Virgil Duane Parker was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Mr. Parker cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee ... (click for more)

St. Elmo Woman, 45, Dies At County Workhouse On Wednesday Night; Investigation Underway

An inmate died at the county workhouse at Silverdale on Wednesday night, and an investigation is underway.   She was identified as  Dana Shunice Palmer, 45, of St. Elmo.   Ms. Palmer was booked into the Hamilton County Jail from the Chattanooga Police Department on Feb. 14 on a public Intoxication charge. She was transferred from the jail to CoreCivic ... (click for more)

Shannon Whitfield Raising Rates At Money-Losing Walker County Landfill; Moratorium Placed On Fracking, Deep Well Drilling, Tiny Homes

New Walker County Sole Commissioner Shannon Whitfield is raising rates at the money-losing Walker County Landfill. The higher charges go into effect on March 1. Mr. Whitfield, during his campaign, said the landfill had been losing about $500,000 per year for many years. He said other area landfills were making a profit, but Walker County was having to subsidize its landfill. ... (click for more)

CVB Should Share Financials With The Home Folks

The recent debate over the Convention and Visitor's Bureau's funding and budget has gotten ugly. A Hamilton County commissioner has asked questions and made comments about the CVB. The director of the CVB has organized a campaign to dismiss the commissioner's questions and comments. The children on the playground are choosing sides and nothing useful seems to be happening. It's ... (click for more)

Roy Exum: The Haggling Must Stop

Far be it for me to suggest the Hamilton County Commission and the School Board need to spend more time at recess but it was obvious this week the two groups need to work at being better friends. We have nine county commissioners and just as many corresponding school board members to work together for the betterment of one entity – Hamilton County. Everybody who thinks that is happening ... (click for more)