A judge calls Mayor Ron Littlefield’s e-mail to her about the city’s case against the Pet Company at Hamilton Place an “improper, unethical, and perhaps contemptible disregard for the separation of powers between judicial and executive branches of government.”
Local law experts agree.
“It is completely inappropriate to attempt to contact the judge in a sitting matter to try to influence the outcome of the case,” said attorney Barry Abbott, managing partner at Cavett & Abbott. “It defies the process that we’re supposed to have – an independent and neutral judiciary.”
In a July 1 e-mail to City Court Judge Sherry Paty, the mayor wrote that he needed to speak with her. His e-mail said they could not leave the McKamey Animal Care and Adoption Center, which handles the city’s animal control, “holding the bag for all the expenses associated with the Pet Company’s unacceptable condition.”
McKamey and city workers seized 84 animals from the Pet Company on June 15. The store was accused of violations that included nonworking air conditioning, filthy cages and inadequate watering of dogs that led to dehydration.
On July 14, Paty ruled that the Pet Company could get its animals back and resume selling them if the Tennessee Department of Agriculture allows the store to keep its operating license.
Afterwards, McKamey officials asked for about $40,000 reimbursement for the care of the animals, which were sent to other Pet Company stores.
Paty recused herself Monday, saying that because of the mayor’s e-mail, she could not make a ruling without raising a question of influence by him. According to Tennessee Supreme Court rules, a judge shall not consider communications made outside the presence of both parties.
The mayor maintains he merely sent the e-mail to Paty to start a conversation.
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“I know where the line is,” Littlefield said. “When the interest of the city and tax dollars are as involved as they are in this case, with a lack of decision by the judge, it is my responsibility to try to get the matter resolved.”
Others don’t see it that way.
“The mayor was skirting the edge of a serious issue for a judge, and Judge Paty made a very ethical decision to recuse,” said Richard Wilson, professor of political science at the University of Tennessee at Chattanooga.
Paty’s decision means the case will start over with a new judge and new testimony.
Penny White, a law professor at the University of Tennessee in Knoxville and former state Supreme Court justice, said the mayor had the right to voice his concern to the judge but doing it by private e-mail put Paty in a difficult position.
“We have built courthouses and courtrooms so that decisions aren’t influenced behind closed doors,” White said.
Paty said she did not get the mayor’s e-mail until she returned from vacation July 12 and immediately considered whether to recuse herself.
Littlefield said he does not regret sending the e-mail.
“It was the proper thing to do, and the court is now put in the proper direction,” he said.