Did Tennessee’s Chief Justice Break Judicial Ethics Code? Conservatives Keep Pressing

Sen. Mike Bell (R-Riceville) was recently rated as one of the most conservative members of the Tennessee Senate. He’s often an ally of Lt. Gov. Ron Ramsey, who has launched a campaign to unseat the three members of the Supreme Court appointed by Democratic governors. Credit: TN Photo Services

Conservative legislators spent the better part of Tuesday questioning whether Tennessee’s chief justice broke rules that bar judges from making political endorsements.

Late last year, Chief Justice Gary Wade gave an interview to the Knoxville News Sentinel defending several appellate court judges who’d received negative professional reviews. Wade argued they should get another chance, only alluding to their reelection.

To state Senator Mike Bell (R-Riceville), it read like an endorsement. But during a legislative hearing, the lawyers who handle judicial oversight cleared the chief justice.

“If the statement had been ‘everyone needs to get behind these judges on August 7^th,’ that would be an absolutely clear statement of an endorsement in an election rather than an implied endorsement,” said judge Chris Craft, chair of the Tennessee Board of Judicial Conduct.

Bell remains unconvinced.

“Maybe what he [Wade] did was not illegal or unethical, but it stinks to high heavens,” he told reporters afterward.

Bell’s hearing comes amid a campaign to oust three members of the state Supreme Court appointed by Democrats, including Wade. For that reason, Democrats charge Bell of putting on a political sideshow just as the justices appear on the ballot so voters can decide whether to keep them.

A few Republicans are making the same claim.

“It’s a witch-hunt. It was designed as a witch-hunt,” said former appellate court judge Lew Conner. “I just find it a horrific infringement on the separation of powers.”

Conner says retention elections for Tennessee’s appellate court have never been so highly politicized under the current system.