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 For Oct. 23-27

TUES/24 East Brainerd Council Meeting 11:30 a.m. - 1 p.m. Car Barn:  6721 Heritage Business Court Speaker: Steven Wagner, Erlanger Children's Hospital $12.   TUES/24 Grand Re-Opening of Food City 5 - 5:30 p.m. Food City:  7804 E. Brainerd Rd .   THUR/26 Reality Check - East Ridge High School ... (click for more)

Catherine Heigel Named Chief Operating Officer For Elliott Davis

Catherine Heigel, the former director of the South Carolina Department of Health and Environmental Control, has returned to Elliott Davis, LLC as its chief operating officer.  In this role, Ms. Heigel manages the firm’s operational support functions, including legal, information technology, human resource, marketing and communications, and firm administration. In addition, ... (click for more)

TDOT Recommends Spot Improvements For Road Up To Signal Mountain Rather Than Costly Widening Or Reworking The W Road

Tennessee Department of Transportation (TDOT) officials said Friday that widening the road up to Signal Mountain or reworking the W Road would both be very costly. Officials said spot improvements on the existing road should solve most of the issues and be much less expensive.   TDOT officials made a presentation on the status of Signal Mountain Road to the town council ... (click for more)

Shaw Industries To Invest $42 Million At Decatur, Tn., Plant

Tennessee Department of Economic and Community Development Commissioner Bob Rolfe and Shaw Industries Group, Inc. officials announced Friday that the floor products manufacturer will invest $42 million to upgrade its yarn facility in Decatur. Shaw plans create 75 new jobs in Meigs County as part of the investment. “I’d like to thank Shaw for its continued ... (click for more)

October Is Breast Cancer Awareness Month: Myth And Fact Check

My husband and I recently had the privilege of participating in the American Cancer Society’s Making Strides Against Breast Cancer Walk in Chattanooga. I listened as my husband told the audience about how his mother was diagnosed with breast cancer when he was nine and how she died from the disease when he was fourteen. As a child, my husband didn’t understand what breast cancer ... (click for more)

Roy Exum: At Last! New Schools

In this me-me-me-only-me world of today, we-we-we-finally got a thrilling $125 million facility plan for the Hamilton County Department of Education on Thursday night. The School Board unanimously approved a well-thought-out “first Band-Aid” that will provide a new elementary school in Harrison, middle schools in East Hamilton and Howard, and a quite-satisfactory answer to move ... (click for more)