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.


Energy Department Offers Conditional Commitment To Alcoa To Support Manufacturing Of Aluminum For Automotive Sector

The Department of Energy announced a conditional commitment for a $259 million loan to Alcoa Inc. This conditional commitment is the first issued by the Department under the Advanced Technology Vehicles Manufacturing loan program since Secretary Moniz announced a number of improvements to the program last year, and is the first step toward issuing a final loan to Alcoa. If finalized, ... (click for more)

Chattanooga Business Calendar, March 28-April 4

MO/30 Ribbon Cutting for Sola Salon Studios Chattanooga 4:30 p.m   Sola Salon Studios Chattanooga: 2115 Gunbarrel Road, Suite 7 Join the Chattanooga Chamber for a ribbon cutting for Sola Salon Studios.   TU/31 Women Owned Small Business (WOSB) Government Contracting Workshop 1:00 p.m. to 3:00 p.m. BrightBridge Women’s Business Center: ... (click for more)

Fire On Crutchfield Street Ruled Arson

Chattanooga fire investigators have determined that last Thursday’s fire at 1207 Crutchfield St.  that nearly killed four people was deliberately set. Lt. Henry McElvain with the Fire Investigation Division said he cannot divulge the reason why he thinks it’s arson, but he is asking for help from the public. If anyone has information that can help solve this case, call ... (click for more)

Shiquita Tarpkin, 29, And Dominique Bonds, 25, Shot On Windsor Street

Shiquita Tarpkin, 29, and Dominique Bonds, 25, were shot on Windsor Street on Wednesday night. The Chattanooga Police Department is investigating the shooting that is believed to have occurred in the area of 2300 Windsor S. shortly after 10 p.m. Ms. Tarpkin arrived at a local hospital suffering from a gunshot wound. H er injuries are believed to be non-life threatening. ... (click for more)

The Problems With Prescription Drug Addiction

In Tennessee today, we have a major problem with prescription drug addiction, particularly when powerful opioid pain relievers are concerned.    For the first time in 2012, Tennesseans abused prescription opioid drugs more than alcohol.  Our young people ages 18-25 abuse prescription opioids at a 30 percent higher rate than the national average.  In just five ... (click for more)

Roy Exum: I Recall J.C. Owens

If you were to go to Oakville, Ala, a little ways from Decatur, about the biggest thing you’d find would be some 20 or so Indian mounds, where the early tribes would bury their dead many centuries ago. But if you sniffed around a bit, you’d learn it was the birthplace of James Cleveland Owens, a man whose name is of no consequence to anyone. I’m proud to say I talked to him ... (click for more)