Judge who declared medical leave changes his mind about returning
A day after his request to return to the bench became public, a local General Sessions Court judge on disability leave changed his mind.
David Bales wrote a letter Wednesday to
Gov. Bill Haslam saying his Oct. 27 request to return to Hamilton County General Sessions Court was “premature” and that he needed to continue his medical disability indefinitely.
Multiple efforts to reach Bales were unsuccessful, but his shift came a day after the Times Free Press published online his initial correspondence with Haslam.
Bales, who declared medical disability in March, will continue to draw his $170,520 annual salary unless he resigns or is impeached before his next election in 2022. In the meantime, Bales’ replacement, Alex McVeagh, will continue to serve.
Bales told Haslam on Oct. 27 that he successfully underwent cancer surgery over the summer and planned to return Monday to the bench, where he’s served since 2005.
But Haslam said he couldn’t reinstate Bales. In this case, the chief justice of the Tennessee Supreme Court must certify Bales is ready to return, spokeswoman Barbara Peck said.
Some attorneys said Jeffrey Bivins, the chief justice, has the discretion to consider anything relevant when certifying Bales.
“I think it’s up to the discretion of the chief justice to consider any evidence he considers pertinent, medical or otherwise, and whether returning him to the bench is going to benefit the public,” defense attorney Jerry Summers said.
The Chattanooga Association of Criminal Defense Lawyers did not formally comment, but member Rich Heinsman said Tuesday several attorneys have been discussing the possibility of Bales returning.
“Personally, I think Alex McVeagh is doing a very good job, and that opinion is shared by the prosecutors, defense, police and staff,” Heinsman said, “and that’s rare, and a real testament to his intelligence, his fairness and how quickly he rose to the demands of the job and then some.”
Some local defense bar members have filed formal complaints against Bales in the past with the Administrative Office of the Courts, Heinsman said, “and I guess that kind of speaks for itself on where we would probably land.”
That organization, which oversees all courts in Tennessee, investigates complaints and can publicly reprimand or suspend judges if members find the allegations to be true. It does not disclose when it receives a complaint.
But in 2011, the AOC publicly reprimanded Bales for violating judicial ethics in two cases.