by Rep. Jim Cobb
posted May 30, 2009
Judicial selection process reformed, legislation passes Senate,
House on Thursday
The House approved legislation Thursday, after a lengthy debate, that reforms the selection process for the state’s appellate and Tennessee Supreme Court judges. Legislators have debated the issue for nearly 16 weeks in the committee system, hearing testimony from dozens of attorneys, former judges, current judges, and scholars. The Judicial Selection Commission, a component of Tennessee’s current plan for appointing judges, is set to expire next month.
The bill, Senate Bill 1753, sets up a new nominating commission with fewer attorney members and less special interest input. Lawmakers indicated they would still pursue a separate measure that would call for a Constitutional Convention to let the people decide whether or not they want to elect the judges or opt to continue a system of nomination by a commission, followed by a retention vote from voters.
Tennessee’s Constitution says judges must be “elected by the qualified voters of the state.” The lengthy debate in the legislature has focused on whether or not the selection process with a retention vote meets that test, with detractors saying that it blatantly violates the constitution.
The legislation provides for a 17-member Judicial Nominating Commission that would have at least 10 attorney members. After being appointed through this process, the judges would stand for approval by the voters who could decide whether or not to "retain" or "replace" them, a move that proponents say is more clean than the current ‘yes’ or ‘no’ on the ballot regarding the retention of judges.
If voters decide to replace a judge, an interim judge would be appointed by the governor until the next election. At that point, the people could decide who would fill the slot through a popular election, which is the same process by which the state’s trial judges are currently selected.
The bill also bans lobbyists or employers of lobbyists from serving on the Nominating Commission. Finally, the legislation provides public access to every aspect of the nominating process, making the process more transparent than ever before.
“This is certainly an improvement in the current process; however anything that falls short of strict compliance with the Tennessee Constitution is contrary to the oath I took to uphold the Constitution in all cases.” Cobb stated.
House approves resolution declaring state sovereignty
Tennessee joined eight other states this year in moving forward with a resolution to declare sovereignty under the Ninth and Tenth Amendments to the United States Constitution. This week, House Joint Resolution 108 cleared the House floor with a vote of 85 ‘ayes’ and 2 ‘no’ votes.
The resolutions have been filed in response to what many state lawmakers believe is an increased level of fiscal irresponsibility on the federal level, and over-reaching by the federal government. Conservative lawmakers in Tennessee argued that The federal government has handed down a series of unfounded mandates and directives that are dangerously close to violating the Ninth and Tenth Amendments of the Constitution.
Having passed the House, HJR 108 will now be presented in the Senate.
“I co-sponsored this bill because the States created the federal government and now more than ever the federal government has grown to the point that states have less and less governing power and rights. This is clearly moving us closer to a socialist form of government,” Cobb emphasized.
Other significant bills that were considered. . . .
Representative Cobb also passed his bill that would allow golf carts on certain roads in the municipalities of Spring City, Graysville, Soddy Daisy, and five other small communities across the state. “This is a 1-year pilot program that has clear and strict requirements for the operators of the golf carts,” Cobb says.
Representative Cobb is also the prime sponsor of HB 0092 that would extend the service life of a school bus with increased frequencies of inspection. This is bill is expected to pass the House next week.
Rep Cobb co-sponsored the following legislation.
HB 1751 – reduces from 5.5% to 5% the rate of sales tax levied on certain foods intended for human consummation. Signed by the Governor on 5/27/09.
HB 2313 – authorizes the Department of Safety when a commissioned member of the department dies or is killed in the line of duty, to present the member’s service weapon to the surviving spouse or child if they are eligible to possess a firearm. Incorporated into law on 5/12/09.
HJR 0547 – urges the TVA to suspend imposition of fuel cost adjustment increases on consumers until the economy emerges from the recession.
HJR 0546 – urges the Department of Veterans Affairs to except Rhea County’s proposed donation of the old hospital building, facilities, and campus and utilize such facilities to locate a full service VA medical facility at such site.
HJR 0104 – affirms Tennessee’s Sovereignty under the Tenth amendment of the constitution of the United States.
HJR 0231 – names Winfred Ruffner, Jr., M.D. as the 156th President of the Tennessee Medical Association.
HRJ 0369 – urges the United States Senate to reject ratification of the United Nations Convention on the Right of the Child.
HJR 0477 – urges Congress to reject measures adopted by the city council of the District of Columbia relative to recognition of same-sex marriages.
HB 1778 – prohibits confiscation of lawfully possessed firearms and ammunition during periods of Marshall rule. Signed by Gov 5/21/09. “We don’t want to find ourselves in the same position as did the law abiding folks of New Orleans when Hurricane Katrina hit that city. The good guys had their lawfully possessed weapons confiscated making it easier for the thugs to go in and take what they wanted from innocent people.” Cobb stated.
HJR 0223 – naming Mitochondrial Disease Awareness Week as September 20-26, 2009 and every 3rd week in September henceforth. “I was inspired to do this by my good friend Chris Goodwin, whose grandson Jacob is stricken with this terrible disease,” Cobb says.
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