The Commercial Appeal

Defeated resolution shows judicial independen­ce matters

- Your Turn Bob Boston, Aubrey Harwell and Billye Sanders Guest columnists

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 effort side-stepped that Judge Lyle is an exemplary jurist: fair, impartial, respected and skilled.

This was the first time in Tennessee history that any part of the general assembly considered ousting a judge based upon a specific ruling.

Imagine the consequenc­es if this had passed into law, setting a precedent that would affect 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 influenceable by the politics of the day, and by who is in office, 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 reflect 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 filed on Feb. 24, it quickly picked up interest among many House members, and the threat that the resolution might pass spread like wildfire 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 firms to concerned citizens across dozens of communitie­s. All unified to advocate for our proven system of justice.

Citizens must be diligent about preserving the rule of law

Our elected officials 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 fine 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.

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