Tennessee Judicial Elections, 2014

Tennessee Supreme Court justices are retained

Three Tennessee Supreme Court justices—Cornelia Clark, Sharon Lee, and Gary R. Wade—were retained in office following an August 7, 2014 vote. The elections followed a high-profile campaign, with each justice winning retention by a relatively narrow margin: Clark with 55.3 percent, Lee with 56.0 percent, and Wade with 56.6 percent.

Senate Speaker Ron Ramsey publicly opposed the justices’ retention, while the justices formed a campaign group, "Keep Tennessee's Supreme Court Fair," to support their efforts to remain in office.

The races drew significant attention due to the volume of money spent. According to campaign finance reports filed July 31, the three justices reported approximately $1,044,220 in contributions. The justices’ campaign group raised an additional $46,000. The opposition group, Tennessee Forum, raised $426,000, most of it from Ramsey's political action committee. The Republican State Leadership Committee also reportedly spent more than $196,000 opposing the justices. More than $987,000 in total was spent on television advertising.^[14]

The New York Times reported that, although the justices were retained, the relatively close margins were viewed by some conservatives as a sign of shifting momentum. By contrast, in 2012, the 24 supreme court justices who faced retention elections nationwide received an average of 69.7 percent of the vote. Tennessee’s elections were compared to a similar 2012 effort in Florida that was ultimately unsuccessful.^[15][16]

Following the Tennessee elections, attention turned to upcoming state supreme court races in Michigan, Montana, North Carolina, Ohio, and Texas.^[16]

Nashville mayoral candidates address unopposed judicial candidate

An uncontested judicial race in Tennessee drew attention during the 2015 Nashville mayoral campaign. Metro Councilwoman Megan Barry called for the resignation of Judge Casey Moreland, while a political action committee associated with businessman Bill Freeman expressed continued support for the judge. Barry and Freeman were both candidates or potential candidates in the 2015 mayoral race.^[17]

Judge Moreland, of the Davidson County General Sessions Court, had served since 1995 and was unopposed for re-election in 2014. His role in a domestic violence case led to criticism after he waived a 12-hour "cooling-off" period and released a defendant, David Chase, who was later accused of reoffending. Attorney Bryan Lewis, a friend of Moreland’s, had misrepresented the nature of the relationship between Chase and his girlfriend, Lauren Bull.^[17][18][19]

Three state senators filed a complaint about Moreland’s actions with the Tennessee Board of Judicial Conduct. In court the following month, Chase alleged that Bull had assaulted him.^[17]

Moreland expressed regret over the decision but maintained that he acted independently. He said Barry’s criticism was politically motivated, which Barry then disputed.^[17][19]

Freeman, a Democratic Party donor and chair of Nashville United for Fairness and Justice, defended the PAC’s endorsement of Moreland, which was made alongside support for other Davidson County Democrats in the August 7 primaries. Freeman said:

Increased campaign spending in Tennessee

In 2014, three Tennessee Supreme Court justices faced a competitive retention election campaign marked by increased political attention and spending. Justice Cornelia Clark, who had previously won retention without campaigning in 2006, was joined by fellow justices Sharon Lee and Chief Justice Gary R. Wade in a high-profile effort to remain on the bench.^[21]

Several conservative organizations, including Americans for Prosperity, became involved in the campaign against the justices. Ronald L. Ramsey, the Republican lieutenant governor, also contributed to opposition efforts through his political action committee. On the other side, attorneys and supporters of the justices raised nearly $1 million in advertising, according to the nonpartisan group Justice at Stake.^[21]

Susan Kaestner, president of the Tennessee Forum—a PAC opposing the justices’ retention—commented on the elevated attention to the races:

Justice at Stake’s executive director, Bert Brandenburg, expressed concern about the growing influence of politics in judicial elections:

Tennessee uses a merit-based appointment system for its high court, followed by retention elections. Since the system’s expansion in 1994, only one state supreme court justice had lost a retention vote prior to 2014.^[21]

Kaestner argued that retention elections are typically not competitive:

Justice Clark noted the challenges of campaigning in a judicial context:

Critics of the court cited its 2006 selection of Attorney General Robert E. Cooper, Jr. and his decision not to join a lawsuit challenging the Affordable Care Act. Some also raised concerns about court decisions they believed were unfavorable to business interests or victims' rights.^[21]

Memphis Bar Poll affirms attorneys support for incumbent judges

The Memphis Bar Association surveyed local attorneys on judicial candidates in the 2014 elections. Their results showed strong support for incumbents, especially in retention elections for the supreme and appellate courts, where support was nearly unanimous.^[22]

The poll, open to 1,383 active attorneys in Shelby County (not limited to Memphis Bar members), asked respondents to select the most qualified candidate in contested races—or “no opinion” where undecided.^[23]

Key findings included:

• In the Division 3 Circuit Court race, 42% favored Lee Ann Pafford Dobson over D'Army Bailey (36%), while 22% had no opinion.
• In Division 5 of the General Sessions Civil Court, Ellen Fite led with 44%, compared to Betty Thomas Moore at 35%, and 21% expressing no opinion.^[24]

Other races showed broader support:

• For Division 8 Criminal Court, Tim James Dwyer received 77% endorsement vs. 5% for J. Nathan Toney.
• In Division 2 General Sessions Civil Court, Phyllis B. Gardner earned 82% support compared to 5% for Myra May-Hamilton.^[24]

In retention elections for the Tennessee Supreme Court, Judges Cornelia Clark, Sharon Lee, and Gary R. Wade each received approximately 78–79% "yes" votes.^[24]

Tennessee retention elections under scrutiny

In July 2014, a group of Tennessee Republicans led by House Majority Leader Gerald McCormick (R–Chattanooga) issued a letter calling for changes to the Judicial Performance Evaluation Commission (JPEC), which reviews judges' qualifications before retention elections.^[25]

The letter cited a Wall Street Journal opinion claiming the process “transferred power to state bar associations” and made judicial selection “dominated by partisan politics.”^[25]

Separately, independent gubernatorial candidate John Jay Hooker and others filed a complaint against JPEC members, citing a January ruling by Judge Hamilton V. Gayden that the commission’s composition (with only two women out of nine members in a state 52% female) violated equal protection.^[26]

Despite the ruling, JPEC continued to recommend that 22 appellate judges appear on the August 7 retention ballot—a decision later challenged by Hooker's complaint.^[26]

Early voting in Tennessee starts July 18

Early voting for Tennessee’s August 7 judicial elections began July 18 and continued through August 2. Voters selected trial court judges and voted on appellate judge retention.^[28]

Notable contests included:

• In Lincoln County, ADA Brooke C. Grubb challenged appointed Judge Forest A. Durard of the Seventeenth Circuit Court.^[28]
• In Knox County, three incumbent judges—Harold Wimberly (Circuit), Daryl R. Fansler (Chancery), and Patricia Hall Long (General Sessions)—faced re-election.^[29]
• In Davidson County, of 30 trial court seats, 10 were contested in the primary, and four remained contested in the general election.^[30]

Complaint filed against Tennessee justices for campaigning for each other

In the lead-up to the 2014 retention elections, blogger George Scoville filed a complaint accusing Justices Cornelia Clark, Sharon Lee, and Gary R. Wade of violating judicial ethics by campaigning for each other and using court resources.^[31]

Key allegations included:

• Use of court facilities or staff in campaign materials.^[32]
• Holding interviews in court chambers.
• Establishing **Keep Tennessee's Supreme Court Fair**, described as a political organization funded by the justices' campaign funds.^[33]

The complaint cited Canon 4, Rule 4.1 of the Code of Judicial Conduct, which restricts judges from political activity and using court resources for campaigns.^[32]

Supporters of the justices responded via the campaign group’s website, stating the matter was nonpartisan:

State senator calls for review of judicial complaint process

Bell’s November 2013 complaint alleged that Wade violated judicial ethics rules by appearing to publicly support three appellate judges while speaking to the Knoxville News Sentinel.^[35]

At the time, Judges Andy D. Bennett (Court of Appeals), Camille McMullen, and Jerry L. Smith (Court of Criminal Appeals) were undergoing evaluations by the Judicial Performance Evaluation Commission (JPEC). Preliminary reviews from some commission members were unfavorable. Judges must receive a satisfactory final report to run unopposed in a retention election; otherwise, they must seek re-election in a contested race.^[36]

In a November 10, 2013, article, Wade was quoted saying the judges “deserve new terms.”^[36] All three received positive remarks in the interview, though Judge Smith, who had entered a guilty plea following a DUI arrest, withdrew from consideration later that month. McMullen and Bennett were recommended for retention.

According to Board Chair Chris Craft, the board investigated the matter as an “internal complaint” and dismissed it. The board concluded that Wade’s comments addressed whether the judges should be eligible to run in retention elections, not whether voters should re-elect them. Disciplinary counsel determined the comments did not constitute public endorsements. Wade received a confidential notice of dismissal on December 18, 2013, which also cautioned him that such remarks could be interpreted as a violation of the judicial code of conduct.^[36]

Justices and judicial reform on the ballot in Tennessee

Ramsey, a Republican, met with various groups to raise funds in opposition, arguing the three Democratic-appointed justices should be removed. If voters rejected the justices, their replacements would be appointed by Republican Governor Bill Haslam.^[38]

The court is responsible for selecting the state's attorney general. Ramsey expressed interest in shifting the court's political balance, stating, “Folks, it’s time that we had a Republican attorney general in the state of Tennessee.”^[38]

Governor Haslam declined to support Ramsey’s campaign, citing concern that it could influence a separate ballot measure—Tennessee Judicial Selection, Amendment 2 (2014)—which proposed changes to the judicial appointment process. Haslam supported the amendment and expressed concern that voters could be confused by simultaneous debates over retention and constitutional reform.^[39]

The amendment proposed retaining the governor’s authority to appoint appellate judges and preserving the retention election system, while also granting the Tennessee State Legislature power to confirm or reject appointments.^[39]

Attorneys support retention of justices

On May 14, a fundraiser for the justices' campaign raised $100,000. Later, on May 27, the Nashville Bar Association Board of Directors passed a resolution encouraging members to vote in favor of retention.^[40]

That same day, the Tennessee Bar Association (TBA) announced it would conduct a candidate evaluation poll of the justices. The organization stated: “The TBA is taking this unprecedented step as part of its efforts to help ensure that the 2014 judicial elections maintain a fair, impartial and accountable judiciary.”^[41]

Former Chief Justice Frank Drowota also voiced support for retention, stating:

These efforts responded to opposition from Lieutenant Governor Ron Ramsey. His communications director, Adam Kleinheider, responded to the legal community’s actions by saying:

Lieutenant governor opposes Democratic supreme court justices

Lieutenant Governor Ron Ramsey opposed the August 2014 retention of Tennessee Supreme Court Justices Cornelia Clark, Gary R. Wade, and Sharon Lee. His actions drew criticism for appearing partisan, including from some within his own party.^[43]

Ramsey circulated materials criticizing the justices—appointed by former Democratic Governor Phil Bredesen—and met with business and victims’ rights groups. The materials alleged the justices were "soft on crime" and anti-business.^[43] Ramsey is also affiliated with the Republican State Leadership Committee, a national group involved in judicial elections.^[21]

He criticized specific rulings made by the justices, who are prohibited from publicly commenting on those decisions. Ramsey defended his actions, saying voters deserved to hear both sides.^[44]

Some Republican critics expressed concern about Ramsey’s campaign. Former appellate judge Lew Conner and former Supreme Court Chief Justice William "Mickey" Barker said it threatened judicial independence. Barker stated:

Knox County candidate cited for owing back taxes

A Republican judicial candidate in Knox County faced scrutiny in 2014 after federal records showed she owed nearly $60,000 in back taxes.^[45]

Patti Jane Lay, a candidate for Division IV of the Sixth Circuit Court, had unpaid taxes dating from 2000 to 2003. Records from the Knox County Register of Deeds indicated she owed $11,300, and her husband owed $46,700, for a combined total of $58,000. The lien was filed four years before the election.^[45]

Lay stated the lien stemmed from a “clerical mistake” and believed it had been resolved through an appeal in 2010. Her brother, CPA Edwin Lay, confirmed they had pursued a correction for what he described as a processing error.^[45]

Lay practiced law at her Knoxville-based firm, The Law Offices of Patti Jane Lay. She earned her undergraduate degree from Emory University and her J.D. from the University of Tennessee College of Law.^[46][47]