Amendment 2 Passes; Foes Say Win Due To ‘Deceptive Advertising’

Amendment 2 passing means there is virtually no way to attack the state’s judicial appointment system.

Tennesseans upheld by a wide margin a system of appointing the state’s top judges. That’s the result of voters passing Amendment 2.

Yes on 2 supporters sought to re-write the state’s constitution preventing Tennessee from ever going to a system of directly electing the state’s appeals judges.

The campaign succeeded by a 60 to 40 margin.

Those championing the amendment argued that its passage would make for more predictability in the judiciary, which would lead to more business-friendly conditions. What that really boiled down to, though, was putting an end to lawsuits over the system. Furthermore, supporters contended that the amendment added a layer of accountability by requiring that any appeals judge nominee be approved by both chambers of the state legislature.

The amendment also aimed to keep politics and special interest groups out of judicial races, or, to put it another way, making sure judges don’t become politicians in robes.

John Avery Emison, the lead opponent of Amendment 2, said voters across the state didn’t know what a “yes” vote meant. He said some of that is attributable to what he characterizes as “deceptive advertising” by the other side.

“Their message was that Amendment 2 protects your right to vote for judges. Well, there is no threat to anyone’s right to vote for judges,” Emison said. “That message is deceptive.”

The Vote Yes on Amendment 2 outspent the Vote No camp 30 to 1.

The amendment’s supporters included Gov. Bill Haslam, former governor Phil Bredesen and other business and legal groups.

Emison said if the outcome was closer, there might’ve been an opportunity to contest the results. Now, however, fighting appears “unlikely,” he said.

Under the current system, the governor will appoint a judge to an appeals bench when there is a vacancy with the blessing of state lawmakers. That judge will then face an up or down vote by Tennesseans every eight years.

Over the years, the spirited debate over the judicial appointment system focused on whether the up or down “retention election” counted as an election under the state’s constitution.

With Amendment 2’s passage, there is now far less ambiguity.