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.


GDOL To Host ResCare HomeCare’s Recruitment In LaFayette

The Georgia Department of Labor’s (GDOL) LaFayette Career Center will help ResCare HomeCare, Inc., a nursing and residential care company, recruit as many as 10 certified nursing assistants (CNAs) to work in Catoosa and Walker counties. The recruitment will be held on  Thursday, May 4 , from  10 a.m. to 2 p.m.  at the career center located at 200 West Villanow ... (click for more)

GDOL To Host Recruitment For Express Staffing In LaFayette

The Georgia Department of Labor’s (GDOL) LaFayette Career Center will help Express Staffing recruit 100 automotive production employees to work for Nissin Brake in Rock Spring. The recruitment will be held on  Friday, May 5 , from  10 a.m. to 1 p.m.  at the career center located at 200 West Villanow St. in LaFayette. Due to U.S. Occupational Safety and ... (click for more)

Severe Thunderstorms Cause Damage On Signal Mountain; Widespread Power Outages Reported

Severe thunderstorms that came through around  7:30 p.m.  brought trees down on Signal Mountain, and widespread power outages were reported. Two homes that had damage were at  205 Sunnybrook, with eaves and gutter damage, and  601 Dunsinane Road, with major damage to the roof line and a tree fell through the living room area. No injuries were ... (click for more)

Rescuers Called Out After Male Hits Head After Fall From Rope Swing; He And Companions Trapped On One Side Of The Creek

Rescue crews were setting up a safety line at the first creek crossing at the Pocket Wilderness at the foot of Mowbray Mountain after a male was injured on Saturday night and he and his companions were blocked by high water. Around 7:30 p.m. , a 911 call was made reporting the male had fallen from a man-made rope swing and hit his head on the rocks below at the Blue Hole ... (click for more)

Whatever Happened To The People's Game Warden?

Earlier this year a Chattanoogan.com article published a Tennessee Wildlife Resources Agency  (TWRA) Wildlife Officer encouraging readers to turn in anyone keeping or caring for an orphaned raccoon, squirrel, bunny or deer, because it may have rabies or pose a danger to some fictitious person.   In another  article, the TWRA Officer invaded a girl's home, seized ... (click for more)

Roy Exum: Einstein Explains Insanity

In September of 2002, a detailed study of “Tennessee Schools on Notice” was prepared by the state’s Office of Education Accountability. This was when Senator Bob Corker was the Mayor of Chattanooga and it proves, pretty thoroughly I might add, that after millions upon millions of extra dollars have been poured down the collective drains at schools such as Orchard Knob, Clifton Hills, ... (click for more)