posted June 6, 2006
) Judge Gary R. Wade |
Judge Wade, who has served as presiding judge of the Tennessee Court of Criminal Appeals since 1998, fills one of two vacancies created by the retirements of Justice E. Riley Anderson and Adolpho A. Birch, Jr.
The process is starting on the second selection. The Judicial Selection Commission will meet to initiate the process. The meeting dates will be announced as soon as they are scheduled. Applicants for this position may come from the Middle or Western Grand Divisions.
“Gary Wade is a highly qualified judge who has proven himself in the practice of law and his service on the Court of Criminal Appeals,” Bredesen said. “His reputation for fairness and consistency, his strong commitment to the law and his dedication to the timely and faithful dispensation of justice will serve the Tennessee Supreme Court and the citizens of our state well.”
A Tennessee native, Judge Wade resides in Sevier County where he served five two-year terms as mayor of Sevierville prior to his appointment to the Court of Criminal Appeals in 1987. He was in private law practice from 1973 to 1987, including eight years as managing partner of Ogle, Wade & Wynn in Sevier County. He also served as city attorney for the City of Pigeon Forge from 1973 to 1987.
“I’m honored to receive this appointment and appreciate the confidence Governor Bredesen has shown in me,” said Judge Wade. “I have developed a judicial philsophy in my career of due process to litigants, courtesy to counsel, faithfulness to the law and accountability to the people. I believe our supreme court is in the best possible position to inspire the confidence of our citizens in the state’s legal system, and I will apply my philosophy to the Supreme Court to help achieve that goal.”
Juge Wade was named Appellate Judge of the Year by the American Board of Trial Advocates in 2004 and received the Judicial Excellence Award from the Knoxville Bar Association in 2005. He is a member and former president of the Tennessee Judicial Conference and a founder of the Tennessee Judicial Conference Foundation, on which he serves as secretary of the board of directors. The foundation is responsible for endowing five need-based scholarships per year for aspiring law students.
The Supreme Court is the highest court in the state and hears appeals in both civil and criminal cases. The five justices are nominated by the Judicial Selection Commission, appointed by the governor and retained by a “yes-no” vote for eight-year terms.
Judge Wade, 58, graduated from the University of Tennessee at Knoxville and received his legal degree from the University of Tennessee School of Law. He serves on the Board of Directors of several organizations, including Friends of the Great Smoky Mountains National Park, The United Way of Sevier County and the Sevier County Library Foundation. He is also the immediate past president of the boards of directors for Knoxville Zoological Gardens and the Walters State Community College Foundation Board.
With the appointment of Judge Wade, the Judicial Selection Commission will now solicit applicants to fill the second vacancy on the Supreme Court and will recommend three of those applicants to the governor.
* * *
Quotes about Judge Gary R. Wade:
"I do know that he has a very fine reputation both as a person and also as an outstanding judge. He has demonstrated the Judicial temperament along with personal integrity to qualify him to serve our state in this very important position."
Waymon L. Hickman
Senior Chairman
First Farmers & Merchants Bank
"Judge Wade has proven over the years that he has the balance, intelligence, judicial temperment, personal integrity, and experience to be an excellent Supreme Court Justice."
Matthew M. Scoggins, Jr.
Chief Executive Officer
Tennessee Farmers Insurance Companies
"The Tennessee Business Roundtable believes Judge Wade is the best choice for Supreme Court Justice."
Lonnie E. Roberts
Chief Executive Officer
Tennessee Rural Helath
"Judge Wade has a great legal mind, strong morals, and a work ethic second to none."
Ron L. Moyer
President, Memphis Division
Clear Channel Outdoor
"I have come to know Judge Wade during his tireless efforts on behalf of the Walters State Community College Foundation and its Board of Trustees. Judge Wade has just completed his year as President of the Foundation and its current success is in no small way attributable to his service and leadership."
George B. McGuffin
Morristown, Tennessee
"Not only does he have the requisite experience for this position, but he also has a rare combination of both toughness and compassion, whichever is appropriate at the time. I do not believe that anyone would work harder or make a finer Justice of our State Supreme Court than Judge Gary Wade."
John J. Duncan, Jr.
Member of Congress
"During his tenure on the Court of Criminal Appeals, Judge Wade has consistently demonstrated all of the qualities most needed in a Supreme Court justice – intelligence, knowledge of the law, integrity, and sound judgment. In addition, he has a natural ability to communicate easily with lawyers and members of the general public. He gives unstintingly of his time to the legal profession as well to other organizations such as the Friends of the Great Smoky Mountains, a group whose support has helped to preserve the beauty of our National Park thanks to his dedicated leadership."
James H. London
Attorney
London & Amburn, P.C.
"Judge Wade has a reputation for great sensitivity to the victims of crimes – even while granting defendants the courtesy they deserve as part of our system of justice. Judge Wade's legal philosophy is straight down the middle and faithful to the law above all else."
Lloyd C. Daugherty
Chairman
Tennessee Conservative Union
"Judge Wade's work product will continue to reflect his high moral standards of leadership, his experience, his vision, his knowledge of the law, and his writing skills. In my opinion he will uphold and enhance the fine qualitites of our Supreme Court."
Judge Richard R. Ford, Retried
"He was, and is, a quality scholar."
Judge Richard R. Ford, Retired
"I have found Judge Gary Wade to be a man of honor and integrity, and I have no doubt that he will perform the duties of a Supreme Court Justice in the same exemplary manner as he conducts himself on a daily basis."
Wade B. McCamey
President
Walters State Community College
"His strong sense of altruism in wanting to help his fellow man and the results he has achieved through his volunteer service to our region and state would add to his outstanding record as a judge whose knowledge, character and professionalism are without question. I cannot imagine how anyone could be better qualified to serve on Tennessee's Supreme Court than Judge Gary Wade."
Jack E. Campbell
President Emeritus
Walters State Community College
"My experience with Gary is more from a personal and civic standpoint and I can without hesitation say he is one of the finest men with whom I have come in contact. He has been a great example for our community and has been active in many charitable endeavors which have literally changed the face of Knoxville and the surrounding area."
Robert S. Talbot
President
Holrob Investments, LLC
"After 24 years as presiding judge of the Criminal Court for the Eighth Judicial District I concluded that our generation is going to be judged by how well we deal with preserving personal freedoms while confronting issues like drug use, terrorism and national security. I really believe that Judge Gary R. Wade has the experience, intellect and insight to strike the needed balance."
Judge Lee Asbury, Retired
"I feel comfortable in saying that the State of Tennessee would be well served by having a Justice such as Gary Wade on the Supreme Court and that the citizens of the great State of Tennessee would be proud to have Judge Wade as a Supreme Court Justice."
F. Braxton "Brack" Terry
Attorney
Terry, Terry and Stapleton
"His ability, dedication, and professionalism are reflected in the many awards he has received during his tenure on the bench. He has also earned the respect and admiration of practicing attorneys all over the state. I have known Judge Wade for over twenty years. He is a person of impeccable character, a proven jurist who is committed to public and community service."
W. Thomas Dillard
Attorney
Ritchie, Dillard & Davies, P.C.
"Gary's legal knowledge and analytical ability is suburb. His opinions are excellent. His ethical conduct is beyond reproach. Most of all, Gary is fair. I have often heard it said that a good judge does not care who wins. A good judge follows the law and attempts to apply it fairly. There could be no better description of Judge Gary Wade."
Douglas A. Trant
Attorney
"If we were putting together our ideas of the qualities of a Supreme Court justice should embody, the finished product would greatly resemble Gary Wade. He is at once thoughtful and decisive, soft-spoken and articulate, dignified and a regular guy."
Gus Manning & Haywood Harris
"He is a person who uniquely possesses the knowledge, demeanor, commitment and vision to lead the Tennessee judicial system to greater heights of service to the citizens of Tennessee."
J.S. Daniel
Senior Judge
"The governor could not possibly find a judge in Tennessee of better quality."
John Seigenthaler
Founder
First Amendment Center
"Judge Wade is a servant leader of the highest order, who is well respected by all who know him."
J. Laurens Tullock
President
Cornerstone Foundation of Knoxville
"Judge Wade's character and reputation are beyond reproach. His intellect is apparent in his many Opinions. His appetite and enthusiasm for his work are evidenced by his dedication on the appellate bench."
Timothy A. Priest
Attorney
Pryor, Flynn, Priest & Harber
"A historic federal courtroom built in the early 1930's was refurbished for use by Tennessee appeals courts and preserved for future generations. This former federal court building stands as a monument to Judge Wade's ability and leadership."
John W. Patrick, Jr.
Colonel, United States Army, Retired
"All of us know Judge Wade, and I believe that he would be fair, impartial, and wise in his decisions."
Wm. Paul Phillips
District Attorney General
8th Judicial District of Tennessee
"Wade is highly qualified to fill the vacancy, not only from his 19 years on the appeals court but also from his involvement in other activities that make him a community leader."
Knoxville News Sentinel
Editorial
April 12, 2006
"He has played such a strong role in preserving and strengthening the Great Smoky Mountains National Park. Judge Wade is a man of the highest personal integrity and insight. I know of very few people who are as committed to their community, state, and country as Judge Wade."
Bill Haslam
Mayor
City of Knoxville
"Gary Wade is one of the most admired and respected judges in this state and is deserving of being a member of the Tennessee Supreme Court."
Donald P. Harris
Senior Judge
"Judge Wade listens and treats everyone with courtesy and consideration both on and off the bench. Judge Wade possesses and utilizes the talents of excellent leadership, good judgment, honesty, hard work, tenacity and diplomacy."
Rebecca E. Domina
Staff Attorney
Court of Appeals
"The Judge is a founding member of the Friends of Great Smoky Mountains National Park, and he has chaired that board since its beginning in 1993. Because of his volunteer leadership efforts, thousands of schoolchildren have participated in the invaluable educational experience of the Parks as Classrooms programs, trails have been restored, historic structures have been preserved, a new science center is being built, and hundreds of new species have been identified under the All Taxa Biodiversity Inventory."
James M. Hart
President
Friends of the Great Smoky Mountains National Park
"We are so proud to be associated with Judge Wade and are certain that he will fulfill his responsibilities on the Tennessee Supreme Court just as he did his responsibilities to Knoxville Zoo, with vigor, dignity and a true caring."
Jim Vlna and Marie Vlna
Executive Director and Director of Guest Services
Knoxville Zoological Gardens
"He is the perfect candidate to the position of the Supreme Court Justice."
Victoria M. Fulmer
"I know Judge Wade will continue a strong tradition of making sure that all citizens have full and prompt access to the courts at every level."
David L. Raybin
Hollins, Wagster, Yarbrough, Weatherly & Raybin
22nd Floor The Financial Center
424 Church Street
Nashville, Tennessee 37219
"I congratulate Governor Bredesen for his appointing Gary Wade to the Supreme Court of Tennessee, although the Governor had three well qualified candidates to consider. For years, Judge Wade has been a guiding force for the Court of Criminal Appeals and an excellent and fair jurist and colleague. I know he will exhibit those same talents as a supreme court justice and will continue to serve the people of Tennessee with great distinction."
Judge Joseph M. Tipton
Tennessee Court of Criminal Appeals
"Gary, I will miss you as my Presiding Judge. However, my loss is a tremendous gain for the State of Tennessee."
Judge J.C. McLin
Tennessee Court of Criminal Appeals
"I have known Judge Gary Wade for nearly two decades and sat with him on the Court of Criminal Appeals for over eight years. He has impeccable character and follows the rule of law. He will not hesitate to take the right course of action regardless of pressure or criticism. He knows right from wrong. He is tough and hard but fair. The governor made an excellent choice in selecting Judge Wade for the Supreme Court. Gary Wade will continue to make me proud of our judiciary and of him as a jurist."
Tennessee Attorney General Paul Summers
"I have gotten to know Gary Wade well in the seven years we have served together on the Court of Criminal Appeals. During his time on the court, he has demonstrated a deep understanding of the law and its role in maintaining the cohesiveness of our society. He has balanced his demanding duties as the court's presiding judge with substantial leadership roles in a number of civic organizations. I have the highest respect for him both as a judge and as a good friend and value greatly the legal and personal advice he has given me over the years. I am confident that his wisdom, judgment and work ethic will make him an outstanding Justice of the Tennessee Supreme Court."
Judge Alan E. Glenn
Tennessee Court of Criminal Appeals
"Governor Bredesen’s appointment of Gary Wade to the Supreme Court will give the Court an extremely well-qualified appellate judge. Wade has 20 years of judicial experience, is the Presiding Judge of the Court of Criminal Appeals, and has been a strong leader in the judiciary. Blessed with an excellent judicial temperament, I am confident he will be an outstanding Justice."
Justice Riley E. Anderson
Tennessee Supreme Court
"I have known Judge Wade as a lawyer, colleague and friend for almost thirty years. Those of us who live in Sevier County are especially proud of Judge Wade and his accomplishments. He is an outstanding judge and legal scholar who will interpret the law fairly and without bias. I am certain that he will serve the Tennessee Supreme Court with the same integrity, strong work ethic and dedication to improving the judiciary and the community that he has shown throughout his life."
Judge Norma McGee Ogle
Tennessee Court of Criminal Appeals
"I have know scores of judges in may career and there are none I like better personally than Gary Wade. I like him because he is a very kind and generous person. I like him because his company is always a pleasure. Most importantly as a judge, I like him because of his integrity and intelligence.
As an appellate judge, Gary has sometimes been criticized. Almost every time, the opinions for which he was criticized merely followed the precedent set forth by our Tennessee Supreme Court. An appellate judge who refused to follow those rulings would not only be unprofessional but in violation of his oath as a judge.
The role of a Justice of the Tennessee Supreme Court is different from that of an appeals court judge. The Justices make the determinations of law that the other courts are required to follow. The role of our Supreme Court Justices is to decide what the law in Tennessee is and how it applies. I am convinced that in that role Judge Gary Wade will use his keen knowledge of the law and his abundant common sense to reach decisions that protect public safety and the rights of crime victims while being fair to, but not unduly favoring, criminal defendants."
District Attorney General Randy Nichols
"His personal commitment to professionalism and public service were evident throughout the city's organization. The entire city staff was inspired by his dedication, work ethic, and love for his community, traits he not only encouraged but also modeled on a day-to-day basis.
I can think of no one who is more qualified than Judge Wade to serve on the Tennessee Supreme Court."
Russell Treadway
Former Sevierville City Administrator
"I am pleased to call Judge Wade a fellow Sevier Countian, a brilliant legal mind, a tireless supporter of charitable causes but most of all a true friend. I believe that the people of the State of Tennessee could not have a better person serving on our Tennessee Supreme Court."
Larry Waters
Sevier County Mayor
* * *
During his service on the Court of Criminal Appeals, Judge Wade has authored more opinions than anyone in the 39-year history of the. He has authored more capital case opinions than any other Court of Criminal Appeals judge, ruling far more often to uphold the sentence of death and yet never fearful of modifications of the sentence when warranted by the facts and the law. Judge Wade has participated in many high profile cases, including those of the Lillelid murders and the Byron de la Beckwith ("Mississippi Burning") extradition. He has also served on the panel in cases where convictions were affirmed for Joseph and Evangeline Combs and several leaders of the prominent Memphis street gang the Gangster Disciples.
In the past three years, Judge Wade has spearheaded an effort which has resulted in a nearly six month reduction in the time of disposition in capital cases and a more than two month reduction in the time of disposition in other cases.
Court of Criminal Appeals Opinions he has authored and in which he has participated, October 1987-Present
All Opinions:
Total number of majority opinions: 1539
Total number of separate opinions: 104
Total number affirming the judgment of the trial court: 1333
Total number reversing the judgment of the trial court: 225
Capital Cases:
Total number of capital cases: 35
Total number affirming the imposition of the death penalty: 25
Total number reversing the imposition of the death penalty: 5
Other: 5
Percentage of total cases affirmed: 71%
Opinions Authored since January 1, 1996:
Total number of majority opinions: 870
Total number affirming the judgment of the trial court: 758
Total number reversing the judgment of the trial court: 124
Percentage of total cases affirmed: 87%
Total number of cases by section:
1. Eastern Section:
Total number of majority opinions: 351
Total number of cases affirmed: 296
Total number of cases reversed: 51
Percentage of total cases affirmed: 85%
2. Middle Section:
Total number of majority opinions: 274
Total number of cases affirmed: 243
Total number of cases reversed: 36
Percentage of total cases affirmed: 89%
3. Western Section:
Total number of majority opinions: 245
Total number of cases affirmed: 212
Total number of cases reversed: 34
Percentage of total cases affirmed: 87%
Court of Criminal Appeals (Entire Court) Totals since January 1, 2001:
Total number of opinions: 5459
Total number affirming the judgment of the trial court: 4713
Total number reversing the judgment of the trial court: 723
Percentage of total cases affirmed: 86%
Total number of cases by section:
1. Eastern section:
Total number of majority opinions: 2153
Total number of cases affirmed: 1851
Total number of cases reversed: 292
Percentage of total cases affirmed: 86%
2. Middle Section:
Total number of majority opinions: 1519
Total number of cases affirmed: 1282
Total number of cases reversed: 230
Percentage of total cases affirmed: 84%
3. Western Section:
Total number of majority opinions: 1787
Total number of cases affirmed: 1580
Total number of cases reversed: 201
Percentage of total cases affirmed: 88%
Career Highlights:
Mayor of Sevierville, 1973-1987
City Attorney, City of Pigeon Forge, 1973-1987
Tennessee Sentencing Commission, 1990-1994
Authored Trexler Saga: Hale & Middlebrooks, 1993
(Suggesting possible remedies qualifying aggravated child abuse resulting in death for capital punishment)
Special Committee on Capital Cases, 1995
(Authored time lines on the disposition of capital cases for the Court of Criminal Appeals satisfactorily to joint committee of the General Assembly.)
Tennessee Judicial Conference, 1987- ; President, 1995-1996
Commission on the Future of the Tennessee Judicial System, 1993-1996
Member of Special Joint Committee on Special and Pro Tempore Judges, 1996
Founder, Tennessee Judicial Conference Foundation
Board of Directors, 1995- ; Secretary, 1995-
Governor's Task Force on Sentencing, 2004-2005
Chair, Screening Committee for Selection of Administrative Director of the Courts, 1998
Chair, Screening Committee for Selection of Administrative Director of the Courts, 2005
President, Friends of the Great Smoky Mountains National Park, 1993-2005
Board of Directors, Knoxville Zoological Gardens, 2000-2005; Vice Chair, 2002-2004; Chair, 2005-2006
Chair, Knoxville Supreme Court Building Commission
(Led a thirteen year successful effort to move the offices of the Eastern Section of the Appellate Courts into its current location in the Historic United States Post Office and Court House.)
Honors and Awards:
Appellate Judge of the Year, American Board of Trial Advocates, 2004
(Awarded only three times in ten years)
Judicial Excellence Award, Knoxville Bar Association, 2004
(Periodically awarded)
Citizen of the Year, Sevierville Chamber of Commerce, 2004
Legion of Honor, Phi Delta Theta International Fraternity, 2004
(Periodically awarded)
Four-Time Sevier County Mover and Shaker of the Year as awarded periodically by The Mountain Press
(1983, 1984, 1985, 1997; the only other winner was Dolly Parton; the award has been given only five times in twenty-three years)
Quotes and addition information:
Judge Wade's nomination was endorsed by the Executive Committee of the Tennessee District Attorney General's Conference and the Tennessee Business Roundtable.
Lloyd Daugherty of The Tennessee Conservative Union has described Judge Wade as a "moderate to conservative Democrat" and noted his "great sensitivity to the victims of crimes." Mr. Daugherty, whose organization endorsed Judge Wade's nomination, has stated, "Judge Wade's legal philosophy is straight down the middle and faithful to the law above all else."
In his most recent Judicial Evaluation in 2006, Judge Wade was rated as excellent by appellate judges, trial judges, attorneys, and court personnel. The Evaluation Commission recognized that his "oral argument and appropriate judicial temperament were particularly noteworthy." The Commission also noted "Judge Wade's excellent leadership as Presiding Judge of the Court of Criminal Appeals." The Commission recommend retention of Judge Wade in a unanimous vote.
In 1998, the Commission graded Judge Wade's performance as excellent and unanimously recommended retention.
Judge Wade's colleagues on the Court of Criminal Appeals have credited him "with instituting and monitoring promptness in disposing of cases, and with promoting collegiality of the members of the court."
The Mountain Press has stated that "Gary Wade has all he needs to become an effective, fair and honorable Tennessee Supreme Court justice." The publication observed that Judge Wade's "life has been one of public service in the truest sense of the word, a life served with honor and integrity as well as respect for and devotion to the law."
In commending Judge Wade's opinion in the case of the Lillelid murders, The Knoxville News Sentinel noted that Judge Wade's words were "worthy of repeating, as much for what they say about the murderers as for what they say about upholding the law."
Time of Disposition of Court of Criminal Appeals Cases since 2003
Capital Cases:
1st Qtr.
2003 2004 2005 2006
Total days from NOA to Disposition: 673.69 696.74 672.71 500.00
Non-Capital Cases:
1st Qtr.
2003 2004 2005 2006
Total days from NOA to Disposition: 437.66 397.00 392.87 374.84
All Cases:
1st Qtr.
2003 2004 2005 2006
Total days from NOA to Disposition: 440
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