4 Chattanooga judges' seats about to become empty

Judge Rebecca Stern speaks speaks from the bench in this file photograph from 2013.
Judge Rebecca Stern speaks speaks from the bench in this file photograph from 2013.

On Monday, after months of consideration, Hamilton County Criminal Court Judge Rebecca Stern sent a letter to Gov. Bill Haslam and made her retirement official.

Stern's announcement that she's leaving her state court position comes on the heels of three others in the local federal court system. That means that by summer's end, Chattanooga could see four new judges raised up by appointment.

Local attorney Tim Mickel said that in some ways, the federal retirements in particular could change the game.

"That's going to have quite an impact on we litigators," he said.

Each position will be filled by a different process.

In U.S. District Court, Judge Curtis L. Collier's announcement that he would take senior status, a sort of working retirement, was followed by the official nomination of Travis R. McDonough, who is now Mayor Andy Berke's chief of staff.

photo Judge Curtis Collier presides over a naturalization ceremony in this 2009 file photo.

Collier's retirement ceremony in November celebrated his more than 20 years on the bench in the Eastern District of Tennessee. He said he will continue to try some cases even through his official retirement.

The White House sent McDonough's name to the U.S. Senate in early January, and his confirmation hearing is expected this spring.

It's less clear who will replace U.S. Magistrate Judge William Carter, who was appointed in 1999, when his term runs out and he retires this summer.

Sam Elliott, the Chattanooga attorney who headed a panel tasked with nominating Carter's replacement, said a list of five finalists was sent to each of the Eastern District's judges about two weeks ago.

"We were required to keep it all confidential," Elliott said.

The justices will select Carter's replacement from that list, Elliott said.

In U.S. Bankruptcy Court, Judge John C. Cook is also set to retire at the end of March. His replacement hasn't yet been appointed.

And in the local Criminal Court, Stern's replacement could be the governor's first chance to make an appointment under the new Council for Judicial Appointments system that was adopted by amendment in November.

Haslam spokeswoman Laura Herzog said the council comprises 11 people from around the state chosen by the governor. That council will interview potential appointees, and Haslam will select Stern's replacement.

Leslie Longshore, an assistant district attorney for Hamilton County, has already thrown her hat into the ring.

Mickel said although some years have seen more turnover, the change in the federal judiciary might be most noticeable.

"That I take as being a little more unusual," said Mickel, immediate past president of the Chattanooga Bar Association.

photo Judge Rebecca Stern speaks speaks from the bench in this file photograph from 2013.

A lawyer's "stock in trade" often involves knowing the scheduling preferences and personalities of individual justices. Though attorneys can never predict their judgments, Mickel said, they do rely on an understanding of the way the judges view procedures.

But current bar association President Paul Hatcher said this year's crop is nothing compared to 2014, when state Criminal, Chancery, Circuit and Sessions Court judges all stood for election.

"Last year was a huge year for shifting over," Hatcher said.

Elections last year filled vacancies in a way that's become fairly normal, Hatcher said.

He doesn't take Stern's early-term retirement as unusual either.

"Every year there's a little bit of a shift," Hatcher said.

Contact staff writer Claire Wiseman atcwiseman@timesfreepress.com or 423-757-6347. Follow her on Twitter@clairelwiseman.

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