Sen. Mike Bell
R-RicevilleNASHVILLE - Sen. Mike Bell, R-Riceville, says he is working on a contingency plan should voters reject a proposed amendment to the Tennessee Constitution that would enshrine the state's existing retention elections for appellate judges.
"The impetus for putting Amendment Two on the ballot is that the General Assembly was not comfortable that the state is in compliance with the State Constitution through our current 'retain or replace' system of choosing appellate judges," said Bell, chairman of the Senate Government Operations Committee, in a news release today.
The retention process has been upheld by three occassions by special state Supreme Courts, but Bell and other critics contend it violates a provision in the Tennessee Constitution requiring Supreme Court and other appellate judges by "elected."
In the retention scheme, governors appoint the appellate judges and they go before voters in the next election on a retain/reject ballot. But it is not a traditional election in which candidates square off against each other.
The amendment is an effort to address concerns by Republican majority members, including Bell, in the General Assembly. Republican Gov. Bill Haslam, who believes the current process is constitutional, supports the amendment to resolve concerns.
Bell noted that a similar constitutional amendment failed before voters in 1978, and he plans to have legislation providing for competitive elections. Statewide appellate judges might be elected by district and on a nonpartisan basis, he said.
Amendment 2 also adds a provision for gubernatorial appellate appointments to be confirmed by the state House and Senate.
Early voting in the Nov. 4 election starts Wednesday.