Missing in action: African American interest in judicial appointments
http://tri-statedefenderonline.com/articlelive/articles/1722/1/Missing-in-action-African-American-interest-in-judicial-appointments/Page1.html
By Justin L. Bailey
Published on 08/23/2007
Governor Bredesen’s comments regarding the Judicial Selection Commission’s nominations to fill the vacancy created by Judge Willam C. Koch Jr.’s appointment to the Tennessee Supreme Court were transparently disingenuous. That he made the remarks during a ceremony celebrating the renaming of a Nashville street after Civil Rights icon Rosa Parks is more outlandish. Most insulting is that perhaps no one, and particularly African-American Tennesseans, will challenge the Governor’s statements or hold him accountable.
It was only months ago that Governor Bredesen performed the same song and dance in the wake of the Commission’s nominations for the state Supreme Court vacancy created by Justice Adolpho A. Birch Jr.’s retirement. Among the nominees was Memphis Circuit Court Judge D’Army Bailey who, by all indications, was a “qualified minority candidate.” The Commission called the Governor’s bluff. Tennessee ended up with a white, Republican justice.
No disrespect intended to Justice Koch, who I’m sure is a fine jurist, but this is not a matter of legal ability. All of the Commission’s nominees are unquestionably competent. The issue is diversity of ideas and perspectives permeating Tennessee jurisprudence. It also should be noted that Justice Koch’s appointment came after Governor Bredesen passed over another African-American nominee, Chancellor Richard Dinkins, in favor of another white nominee from East Tennessee, Judge Gary Wade.
What’s a Judicial Selection Commission to do? There seem to be only two reasonable alternatives: either nominate three minority candidates, forcing the Governor to choose one and diversify the Court by default; or select whatever particular qualified minority candidate suits the Governor’s taste, thereby usurping the Commission’s authority and disregarding the Tennessee Plan altogether.
Neither one of these options is particularly palatable, as one seems to give the Commission too much power, and the other, not enough. Exercising the former would likely end up in Federal Court. The latter would indicate total surrender and acquiescence by the Commission.
What has emboldened the Governor to recite the same rhetoric notwithstanding his actions, which are clearly contrary to his stated intentions, is the fact that no one questions his politically correct, yet substantively hollow, sentiments. The Governor’s actions don’t indicate that he has any interest in considering qualified minority candidates.
Certainly, grandstanding and baiting by political aspirants is no novel concept. But such strategies only work where there is no accountability by the electorate to whom the politico seeks favor in making the statements in the first place. The Governor relies on the perceived short memories and limited interests in judicial affairs of the Tennessee Black electorate in his knee-jerk reactions to the Commission’s monochromatic selections. The sound bite propels his visibility in minority communities, while the actual appointments result in minimal reaction or political repercussion.
It’s time for Tennessee’s African-American communities to hold the Governor accountable for our decidedly uniform Courts of Appeals. The Governor knows all of the right things to say, but when will he accept the responsibility of doing the right thing for Tennessee’s underrepresented minorities?
(Justin L. Bailey is an associate attorney with The Hardison Law Firm, P.C. He is the son of Memphis Circuit Court Judge D’Army Bailey.)
Governor Bredesen’s comments regarding the Judicial Selection Commission’s nominations to fill the vacancy created by Judge Willam C. Koch Jr.’s appointment to the Tennessee Supreme Court were transparently disingenuous. That he made the remarks during a ceremony celebrating the renaming of a Nashville street after Civil Rights icon Rosa Parks is more outlandish. Most insulting is that perhaps no one, and particularly African-American Tennesseans, will challenge the Governor’s statements or hold him accountable...
Missing in action: African American interest in judicial appointments
 |
| Justin L. Bailey |
It was only months ago that Governor Bredesen performed the same song and dance in the wake of the Commission’s nominations for the state Supreme Court vacancy created by Justice Adolpho A. Birch Jr.’s retirement. Among the nominees was Memphis Circuit Court Judge D’Army Bailey who, by all indications, was a “qualified minority candidate.” The Commission called the Governor’s bluff. Tennessee ended up with a white, Republican justice.
No disrespect intended to Justice Koch, who I’m sure is a fine jurist, but this is not a matter of legal ability. All of the Commission’s nominees are unquestionably competent. The issue is diversity of ideas and perspectives permeating Tennessee jurisprudence. It also should be noted that Justice Koch’s appointment came after Governor Bredesen passed over another African-American nominee, Chancellor Richard Dinkins, in favor of another white nominee from East Tennessee, Judge Gary Wade.
What’s a Judicial Selection Commission to do? There seem to be only two reasonable alternatives: either nominate three minority candidates, forcing the Governor to choose one and diversify the Court by default; or select whatever particular qualified minority candidate suits the Governor’s taste, thereby usurping the Commission’s authority and disregarding the Tennessee Plan altogether.
Neither one of these options is particularly palatable, as one seems to give the Commission too much power, and the other, not enough. Exercising the former would likely end up in Federal Court. The latter would indicate total surrender and acquiescence by the Commission.
What has emboldened the Governor to recite the same rhetoric notwithstanding his actions, which are clearly contrary to his stated intentions, is the fact that no one questions his politically correct, yet substantively hollow, sentiments. The Governor’s actions don’t indicate that he has any interest in considering qualified minority candidates.
Certainly, grandstanding and baiting by political aspirants is no novel concept. But such strategies only work where there is no accountability by the electorate to whom the politico seeks favor in making the statements in the first place. The Governor relies on the perceived short memories and limited interests in judicial affairs of the Tennessee Black electorate in his knee-jerk reactions to the Commission’s monochromatic selections. The sound bite propels his visibility in minority communities, while the actual appointments result in minimal reaction or political repercussion.
It’s time for Tennessee’s African-American communities to hold the Governor accountable for our decidedly uniform Courts of Appeals. The Governor knows all of the right things to say, but when will he accept the responsibility of doing the right thing for Tennessee’s underrepresented minorities?
(Justin L. Bailey is an associate attorney with The Hardison Law Firm, P.C. He is the son of Memphis Circuit Court Judge D’Army Bailey.)