May 20, 2008

An Injudicious Selection

The Tennessean asks questions about the ethics of lobbyist Betty Anderson, wife of House Speaker Jimmy Naifeh, lobbying on behalf of the Tennessee Bar Association on the future of the Judicial Selection Commission, Tennessee's apparently unconstitutional process that has state appellate judges selected by a closed process involving lawyers' special interest groups and a few politicians, rather than "elected," as the state constitution requires.

The Tennessee Bar Association, which is a key part of the state's judicial selection process known as the Tennessee Plan, is not among clients for whom Anderson is a registered lobbyist.

Her role raises a flag to some because of her marriage to Naifeh, who would be pivotal to any changes to how Tennessee judges are appointed to the bench.

Anderson's appearance last week on behalf of the bar association came just as hopes of an overhaul for state's judicial selection system, known as the Tennessee Plan, ground to a halt. Most parties believe that revamping judicial selection is out of reach for this year.

Anderson, who is incoming chair of the bar association's legislative committee, said she has not broken any ethics laws because she was acting as a volunteer lobbyist, and lobbied on the issue less than the 10 days that would require her registration as bar association lobbyist.

She said that while she discussed judicial selection with both Ramsey and Naifeh, she treated the issue as she would with any of her other clients, and that there was no conflict of interest.

On the ethics meter, though, this one isn't as bad as the Tennessee Trial Lawyers Association lobbyist having an affair last year with the married chairman of the House Judiciary Committee while the committee was handling legislation of great interest to the Trial Lawyers Association. By the way, Naifeh - who rules the House with near-dictatorial dominance and controls through manipulation of the committee system the progress (or lack of progress) almost every single piece of legislation that gets filed - didn't know about that ethically scandalous situation either. Wink wink.

Speaking of the Judicial Selection Commission, the legislation reauthorizing its existence for another few years (without which Tennessee would return to direct election of judges starting in 2010), was thought to be dead, but Terry Frank notes an item buried deep in the Sunday Knoxville News Sentinel that indicates state Sen. John Wilder has found an obscure rule which he will attempt to use to bring the legislation to the floor on the final session of the Senate, Tuesday, March 20.

Frank's blog post neatly summarizes the three main points of view on the Judicial Selection Commission, which affects both state Supreme Court judgeships and appellate-level judgeships.