Five Hamilton County residents being considered for a local circuit court judge vacancy are expected to be interviewed Tuesday during a hearing at which members of the public can express objections concerning the applicants.
Charles W. Gilbreath II, Christina R. Mincy, Jennifer K. Peck, Patrick Alan Wagner and William Matthew Wayne all made a bid for the role, according to a statement from the Tennessee courts.
Circuit Court judges hear a range of mostly noncriminal cases from business disputes to divorces, and they also preside over cases that have been appealed from lower courts.
The Trial Court Vacancy Commission will consider the five applicants at 9 a.m. at The Chattanoogan Hotel, 1201 Broad St., the statement said. The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Lee for his consideration.
Circuit court judges are paid about $212,800 yearly, according to 2024 Tennessee General Assembly fiscal notes.
The Hamilton County division 2 seat was left vacant after Michael Dumitru moved to Chattanooga’s federal court to takeover as a United States magistrate judge.
WAGNER
Wagner, who is a trial attorney at Wagner & Weeks, has wanted to be a judge for a long time, he said by phone.
“It’s the most gratifying and fulfilling position I can imagine holding with my law degree and my law license in terms of serving my community,” he said.
Wagner said he believes all the candidates will share that sentiment because they shouldn’t be doing this if they are not drawn to service.
He has a high amount of trial experience across different courts, he said, and he deals with many clients who are representing themselves without the assistance of the attorney.
The advantage of him being 33 (three years over the age requirement) is he could be a career judge in the county, Wagner said.
“The longer someone sits on the bench, that they are doing a great job presumably, they are going to age like fine wine,” he said.
When Wagner isn’t practicing law, he spends much of his free time with No Excuse, which is a children’s nonprofit lacrosse club he founded, he said.
Recently, he’s also been sitting in to observe circuit court because he doesn’t practice domestic law, which makes up over half of the docket, he said.
“I view it as a strength,” Wagner said. “You come in with this fresh, unbiased perspective.”
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WAYNE
Wayne, who is a partner at Copeland Stair Valz & Lovell, said this judgeship would not be a stepping stone for him.
If it were any other judgeship, he would not be applying, Wayne said by phone.
“I love Chattanooga. I was born here. I went to school here. I live here,” Wayne said. “I want to be in a position, that this would provide for me, to be able to serve Chattanooga.”
Wayne said he would be as balanced and apolitical as is possible for a human to be from the bench.
While much of his law practice focuses on construction law, he doesn’t foresee having issues dealing with domestic cases, he said.
“I’m a quick learner,” he said. “I’ll be leaning pretty heavily on the other judges in the event that I am selected and also doing a lot of homework on the side.”
Wayne said he assists with mock trials, volunteers with the youth court and helps with job shadowing.
His grandmother was the longest tenured public school teacher in the state, he said, and his mother taught public school for over 30 years.
“They’d give the shirts off their backs, and they still do that,” Wayne said. “Serving others is just a part of who I am.”
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PECK
Peck is chief of staff at the Tennessee Department of Commerce and Insurance, according to her trial court vacancy application.
She did not respond to a message left at the department requesting an interview.
“When I decided to go to law school, it was for the ultimate purpose of serving as a judge,” the application said.
She has experience at the trial court level and specialized in divorce litigation, the application said, adding that her time spent in a large department within state government has strengthened her resolve to serve in her hometown of Chattanooga.
Peck previously applied to a Hamilton County Circuit Court judge vacancy in 2017.
She had one complaint filed against her in 2015, which was dismissed by investigations and closed the following year, the application said.
Peck said she would uphold the law even if she disagreed with the substance of the law at issue, according to the application.
“I want to focus on treating each attorney, litigant and witness with the respect and patience they deserve, whether they are in court once a day or once in their lives,” the application said.
MINCY
Mincy owns and operates Mincy Law and has been licensed to practice law in Tennessee since 2011, according to her trial court vacancy application.
She did not respond to a message left at her law office requesting an interview.
Her current practice is over 95% family law, and she noted one case she was especially proud of resolving that involved minor children and an “overly litigious husband,” the application said. She was able to bring peace to the children and her client after years of constant legal filings.
Mincy has volunteered for the Hamilton County Recovery Court for the past five years and conducts monthly office hours with participants to assist with family law issues and reestablishing healthy relationships in recovery, the application said.
The three current circuit court judges are male, so her selection would provide a female perspective, she said.
She has responded to two formal complaints with the Board of Professional Responsibility during her 13 years of heavy litigation, the application said. One complaint was dismissed and another is ongoing.
A man who Mincy was not representing filed a complaint against her and others involved in the termination of his parental rights, the application said.
Mincy is aware of the immense responsibility, both substantive and procedural, to preside over circuit court, the application said.
“I believe that my work ethic, demeanor and acumen are suited for this position,” the application said.
GILBREATH
Gilbreath is a partner at Wright, Cortesi and Gilbreath, where he works primarily in state and federal litigation, according to his trial court vacancy application.
He did not respond to a message left at his law office requesting an interview.
“If appointed, I would aim to bring a calm to the court that will hopefully carry through the style and judicial temperament that Judge Dumitru and his predecessor Judge Hollingsworth brought to the bench,” the application said. “Trying to live up to their standard is something I would strive for each day.”
Gilbreath said one of his strongest skills is in client control and helping his clients see the facts of life based on law, according to the application. This skill would translate to how he would view cases from the bench by following the law to the correct and right answer.
His calm demeanor will be an invaluable asset if appointed to this judgeship in handling tense situations and enabling attorneys to advocate their positions well, the application said.
A trial judge’s role in the justice system is to enforce the law and not make it, the application said.
“Being a judge is a calling, not a job,” the application said. “It is something that I have strongly desired since before I graduated law school, and being afforded the opportunity to do so in my home has long been a dream of mine.”
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.
Staff Photo by Matt Hamilton / The Hamilton County Courthouse is seen on Friday, Nov. 5, 2021.