Defeated resolution shows judicial independence matters
The people of Tennessee confronted a major issue this week when the legislature’s Civil Justice Subcommittee defeated an alarming resolution that threatened to destroy judicial independence and abolish the separation of governmental powers that protect every citizen who comes before our court system.
The resolution called for the removal of Davidson County Chancellor Ellen Hobbs Lyle because some legislators disagreed politically with just one of her hundreds of decisions over a decades-long, distinguished career. That effort side-stepped that Judge Lyle is an exemplary jurist: fair, impartial, respected and skilled.
This was the first time in Tennessee history that any part of the general assembly considered ousting a judge based upon a specific ruling.
Imagine the consequences if this had passed into law, setting a precedent that would affect every judge.
Tennessee citizens would no longer have the assurance that legal matters are resolved by fair, independent and impartial judges.
Justice for those before a court could be subject to the exercise of power as opposed to consideration of the merits of a case. Legal decisions would become influenceable by the politics of the day, and by who is in office, as opposed to the law.
The resolution sparked outrage and unity
Fortunately, justice prevailed and we share a collective relief and thanks to the Subcommittee for listening to all positions. We now reflect on why we must be vigilant in supporting an independent judiciary.
First, let’s review what we witnessed over the last few weeks.
Once the resolution was filed on Feb. 24, it quickly picked up interest among many House members, and the threat that the resolution might pass spread like wildfire across the state.
Within days, growing opposition and sincere concern were shared. From the Tennessee, Memphis and
Nashville Bar Associations to the American Board of Trial Advocates, the Lawyers Association for Women and the Tennessee Trial Lawyers Association, the legal and judiciary communities presented a swift and united front.
Our group, the Committee for an Independent Judiciary, formed on March 3 to channel the support of a huge number of lawyers, judges and citizens – Republicans, Democrats and Independents – from attorneys in rural counties and in major metropolitan law firms to concerned citizens across dozens of communities. All unified to advocate for our proven system of justice.
Citizens must be diligent about preserving the rule of law
Our elected officials admirably took notice of the collective concerns. An important number of legislators listened and weighed all sides in a respectful dialogue.
During an era when there is chronic concern about lawmakers who vote party above all else, Tennessee looked beyond politics to do the right thing for its citizens. It was an open exercise in civics and Subcommittee members, even those opposed to the defeat of the resolution, are to be commended.
We point out that justice has indeed worked since this matter emerged in court last summer.
First because the case was randomly assigned to Judge Lyle’s docket — and then because its appeal moved to the Supreme Court which functioned appropriately in providing review and oversight of Judge Lyle’s rulings. Then, the legislative process functioned to reject what many believed to be overreach into a judicial process in which independence is critical.
This entire episode is a not so gentle wake-up call. We must educate ourselves and each other about the balance of power that enables our democracy to thrive.
From the Bar Associations to our fine Tennessee law schools and public forums, and through the willingness of legislators from all perspectives to listen and debate, we will preserve and defend our independent judiciary. It is a collective duty and honor to uphold the Tennessee judicial system, that in fact upholds us all.
Bob Boston, Aubrey Harwell and Billye Sanders are members of the coordinating committee of the Committee for an Independent Judiciary. Visit supporttnjudiciary.com to learn more.