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34 minute read
TN Judges Races
The Tennessee Supreme Court, Court of Appeals and Court of Criminal Appeals Judges
The state of Tennessee has three appellate courts, or courts that hear appeals from trial courts: The Supreme Court, The Court of Appeals and The Court of Criminal Appeals. In these courts, Judges hear oral arguments and review the attorneys’ written materials, and they issue written decisions, known as opinions. They also interpret the laws and constitutions of Tennessee and the United States.
Since 2014, Judges that preside on these courts are appointed by the Governor in office and then subject to approval by the General Assembly, and immediately take office upon approval. Prior to 2014, and the adoption of Amendment 2 to the Tennessee Constitution, three judges would be nominated by a bipartisan Judicial Nominating Commission, made up of 17 lawyers, and one of these nominees would be selected by the Governor to be placed on the ballot, with a final “yes or no” vote by the public electing the judge.
This is the first election where Tennessean’s will not have access to the findings of a 12-member Judicial Performance Evaluation Commission, composed of lawyers. This commission reviewed the record of incumbent judges and published its findings approximately six weeks before the retention elections. This commission was also dissolved in 2014.
The Court of Appeals hears appeals in civil, non-criminal cases, from trial courts and certain state boards and commissions. The court has 12 members who sit in panels of three, the Eastern, Western, and Middle Divisions. The Court of Criminal Appeals has nine members that hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. All decisions made in these two courts may be appealed, with permission, to the Tennessee Supreme Court.
The Tennessee Supreme Court is the state’s court of last resort and consists of 5 judges. The Supreme Court may assume jurisdiction over undecided cases in the Court of Appeals or Court of Criminal Appeals when there is special need for an expedited decision. Tennessee Supreme Court opinions on federal constitutional issues can be appealed only to the United States Supreme Court, which may or may not agree to consider the appeals.
SUPREME COURT, AT LARGE
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Jeffrey S. Bivins
Justice Bivins has served on the Tennessee Supreme Court since his appointment by Governor Haslam in 2014. He was elected as Chief Justice by his colleagues in 2016, and held that position until 2021. Bivins earned a J.D. from Vanderbilt in 1986 and a B.A. in Political Science from East Tennessee State University in 1982. He practiced law in Nashville for Boult, Cummings, Conners, and Berry before serving on the Circuit Court for the 21st District from 1999-2000 and returning for a full elected term in 2006. He was appointed to the Court of Criminal Appeals in 2011.
Justice Bivins has served as a past President of the Tennessee Judicial Conference, member of the Board of Judicial Conduct, and member of the Tennessee Judicial Evaluation Commission. He was awarded the ABA’s Justice Frank Drowota III award in 2020, and has emphasized his work to support legal access for underserved communities, including serving as the Supreme Court Liaison for the Access to Justice Commission.
Most recently, Justice Bivins voted with a 3-2 split in a high-profile case concerning the “ESA Act.” The ESA Act is Tennessee’s school voucher program championed by Governor Lee, and it allows only Nashville and Memphis students to apply state funding for their public school education towards private school tuition and fees. Metro Nashville challenged this program, arguing that Tennessee’s Home Rule Amendment should prevent the state from changing local education policy in only these two cities. Justice Bivins voted with the majority in the case, ruling for the state and against Nashville/ Memphis. He also authored the opinion for a unanimous court, finding for the Republican Party that had not erred in removing Newsom from the primary ballot.
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Sarah K. Campbell
Justice Sarah K. Campbell is the newest member of the Tennessee Supreme Court, seeking retention after approximately 5 months on the bench. She was appointed by Governor Bill Lee in January 2022 and confirmed in a near unanimous vote by the General Assembly. Campbell earned a J.D and Masters of Public Policy Degree from Duke University in 2009, where she was managing editor of the Duke Law Journal, and earned a BA degree from the University of Tennessee.
Prior to her appointment, Campbell clerked for Justice Samuel Alito of the US Supreme Court and worked at Williams and Connolly LLP in Washington DC. From 2015 until her appointment, Justice Campbell served in the Tennessee Attorney General’s Office, serving as Associate Solicitor General and Special Assistant to the Attorney General. Campbell is a member of the Tennessee Bar Association, the American Law Institute, and the Federalist Society.
Since joining the Tennessee Supreme Court, Justice Campbell has only recently had a chance to join opinions, as most cases decided recently are from the November 2021 term. She did join the unanimous majority opinion authored by Justice Bivins in the Robert Starbuck Newsom case, finding that the Republican Party had not erred in removing Newsom from the primary ballot. The Court conclusively rejected Newsom’s arguments, and thus far it is the only opinion she has had the chance to participate in.
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Holly Kirby
Justice Holly Kirby has served on the Tennessee Supreme Court since her appointment by Governor Haslam in 2014. Kirby earned a J.D. from the University of Memphis in 1982 and a B.S. in Engineering from University of Memphis in 1979. Following law school, she clerked for Justice Harry Welford on the 6th Circuit Court of Appeals and practiced law in Memphis at Burch, Porter, and Johnson. In 1990, she became the firm’s first female partner.
Justice Kirby was appointed to the Court of Appeals in 1995, becoming the first woman ever to sit on the Court of Appeals and served there until her appointment to the Tennessee Supreme Court. Kirby has served on the Board of Judicial Conduct, the Tennessee Judicial Conference, and the Court of the Judiciary’s independent ethics panel. She is a member of the Tennessee Bar Association, the Memphis and Shelby County Bar Association, and the Tennessee Lawyers’ Association for Women. Kirby has received numerous awards as a distinguished alumna from the University of Memphis.
Most recently, Justice Kirby has authored unanimous opinions, in Harris v. Board of Professional Responsibility, upholding the one-year suspension of an attorney for misleading testimony and in Kampmeyer v. State of Tennessee, reevaluating the definition of “timely notice” in Tennessee Code for claims against the state. Justice Kirby also dissented in part from the 3-2 split in a high-profile case concerning the “ESA Act’’ school voucher program. The Court ruled against Metro Nashville, but Kirby disagreed, arguing that the Home Rule Amendment should bar the ESA Act from singling out Metro Nashville and Shelby County.
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Sharon Gail Lee
Justice Sharon Gail Lee has been a Tennessee Supreme Court Justice since 2008. Lee earned a law degree from the University of Tennessee College of Law in 1978. From 1978 to 2004 Lee practiced law in Madisonville, where she also served as County Attorney for Monroe County, City Judge, and City Attorney for Madisonville.
Justice Lee was appointed to the Court of Appeals in 2004, and retained in 2006, becoming the first woman to serve on the Eastern Section of the court. Appointed to the Supreme Court in 2008 and retained in 2014, she served as Chief Justice from 2014 to 2016. Lee is a member of the Tennessee Bar Association, Tennessee Lawyers Association for Women and the East Tennessee Lawyers Association for Women.
In a 2014, Judicial Performance Evaluation Commission report, the Commission expressed positively to Justice Lee’s use of judicial restraint and loyalty to the original intent of interpreting constitutional and legislative provisions. Further, Justice Lee, “professed a jurisprudential philosophy of deference to the co-equal branches of state government.”
In the TN Supreme Court decision that ruled that Governor Lee’s Education Savings Accounts pilot program was not unconstitutional in Metropolitan Government of Nashville and Davidson County, et al. v. Tennessee Department of Education, et al., Justice Lee alongside Justice Kirby wrote a separate opinion from the majority concurring and dissenting in part on the ruling. In addition, Justice Lee joined in on the opinion in Robert Starbuck Newsom a/k/a Robby Starbuck v. Tennessee Republican Party, et al. which overturned a lower court’s ruling, and removed TN Congressional District 5 candidate Robby Starbuck from the Republican Primary ballot.
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Roger A. Page
Justice Roger A. Page is running for reelection for the Tennessee Supreme Court after being sworn in February 2016 by Republican Governor Bill Haslam and elected as Chief Justice in September of 2021. Page began his career as a Circuit Court Judge in 1998, later serving as an appellate judge on the Tennessee Court of Criminal Appeals.
Justice Page also served as a Trial Court Judge in the 26th district, which includes both urban and rural counties. From rural West Tennessee himself, Page believes that his experience as a Trial Court judge gave him a wide variety of experiences and an introduction to a wide range of cases. Page prioritizes respecting everyone in the courtroom, saying “If I mistreat someone, that’s the only impression that person or spectator would ever have of me.”
The ESA Act is Tennessee’s school voucher program championed by Governor Lee, and it allows only Nashville and Memphis students to apply state funding for their public school education towards private school tuition and fees. In this case of Metropolitan Government of Nashville and Davidson County, et al. v. Tennessee Department of Education et al, Justice Page voted that the ESA Act does not implicate the Home Rule Agreement, also delivering the opinion.
In the case of Robert Starbuck Newsom aka “Robby Starbuck” v. Tennessee Republican Party et al., Robby Starbuck sought to be on the ballot as a Republican candidate for Tennessee’s 5th Congressional District for the US House of Representatives. Mr. Starbuck filed a complaint after the Tennessee Republican Party and the Tennessee Republican Party State Executive Committee determined that he was not a bonafide Republican and excluded him from the ballot, claiming that this violated the Tennessee Open Meetings Act. The court ruled that this did not violate the Tennessee Open Meetings Act, and Justice Page joined in the opinion.
COURT OF APPEALS, EASTERN DIVISION
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Kristi Davis
Kristi Davis was originally appointed to the Court of Appeals, Eastern Division by Republican Governor Bill Lee in 2020. She grew up in the rural Knoxville community of Karns, and graduated cum laude with her Bachelor of Science from the University of Tennessee and magna cum laude with her Juris Doctor from the University of Tennessee College of Law.
Davis went on to clerk for Judge Joseph M. Tipton on the Tennessee Court of Criminal Appeals before serving as an attorney for Hodges, Doughty, & Carson, PLLC, where she practiced for 14 years. Davis has served as Knox County Circuit Court Judge since 2014 and as Presiding Judge for the Sixth Judicial District from 2018- 2019. Davis is the second female judge to serve on the Court of Appeals, Eastern Division and the sixth woman to serve on the Court of Appeals. Judge Davis feels “very strongly that our job as judges is simply to interpret the law that is made. We are not to be activists. It is not our job to impose our policy [preferences] in the cases we decide, that’s the job of the legislature.”
She is a member of both the Tennessee and Knoxville Bar Associations, where she is a member of the executive committee, as well as the Tennessee Trial Judges Association. She is involved in the Executive Women’s Association and the University of Tennessee’s Chancellor’s Associates program, and has served as a special judge on the Tennessee Supreme Court Workers’ Compensation Panel as well as on the Tennessee Board of Professional Responsibility’s investigative panel.
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Thomas R. “Skip” Frierson
Judge Thomas R. “Skip” Frierson was appointed to the Court of Appeals, Eastern Section by Bill Haslam in 2013 and retained in 2014. Frierson graduated Phi Beta Kappa from the University of Tennessee, Knoxville in 1980. He received his Juris Doctor from the University of Tennessee College of Law in 1983. He pursued private practice law with Bacon, Dugger, Jessee & Perkins from 1983-1990. In 1990, he was elected as Hamblen County General Sessions Court Judge for the Domestic Relations Court, Probate Court, and as the municipal judge for the City of Morristown. In 1996, he began serving as chancellor in the Third Judicial District.
In May 2022, in the wake of the late Justice Cornelia Clark’s passing, Frierson presided over a Tennessee Supreme Court hearing for Governor Bill Lee’s controversial school voucher Education Savings Account (ESA) program. Frierson contributed to the 3-2 majority that overturned the ruling from lower courts that the law was unconstitutional, a significant victory for Lee at the end of his first term.
He is a past president of the Tennessee Judicial Conference and has served as a Chairperson for their Family Judicial Institute. He was elected a Fellow of the Tennessee Bar Association in 2007. He served as president of the Tennessee Trial Judges Association from 2007-2009 and in 2000 was honored as “Trial Judge of the Year” by the American Board of Trial Advocates, Tennessee Chapter. Frierson is “committed to performing the duties of judicial office impartially, competently, and diligently. [sic] I am fully committed to upholding and promoting the independence, integrity, and impartiality of the judiciary.”
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John W. McClarty
John W. McClarty was appointed to Court of Appeals Judge, Eastern Division by Democratic Governor Phil Bredesen in 2009, and retained in 2014. McClarty received his Bachelor of Science in Political Science from Austin Peay State University and went on to serve in the US Army, receiving both the Army Good Conduct Medal and the Army Commendation Medal in 1973. In 1976, he graduated with his Juris Doctor from the Southern University School of Law in Baton Rouge, Louisiana. He began his law career at the Law Office of Jerry Summers from 1976-1978, and went on to work as a solo practitioner at his own practice until his appointment as Court of Appeals Judge in 2009.
His prior judicial experience includes serving as the Hamilton County Juvenile Court Referee and as a Special Judge for the Chattanooga City Court and the Hamilton County Juvenile and General Sessions Courts. When he was appointed as a Court Appeals Judge in 2009, McClarty stated, “I will bring to this appointment a commitment to equal justice under the law for all parties and my belief that the business of the court should be conducted in a manner that demonstrates respect and dignity for all who come before it.”
He is a member of the Chattanooga Bar Association, sat on the Board of Professional Responsibility of the Supreme Court of Tennessee, and was a Fellow with the American College of Trial Lawyers in 2009. Notably, he also received an “AV” rating from Martindale-Hubbell in 2001, which is the highest rating in the peer-review process and signifies excellence in skill and integrity. McClarty is a lifetime member of the NAACP and past member of the NAACP Official Board; a past member of the board for Greater Chattanooga Community Services, YMCA Youth Residential Center, past Chairman of the Board for Hamilton County Police Department Civic Service Board; and has also served associate pastor at Warren Chapel A.M.E. Church.
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Mike Swiney
Judge Mike Swiney has been a Court of Appeals judge since 1999. Swiney obtained a law degree from the University of Tennessee College of Law in 1978 and was accepted to the Tennessee Bar in 1979. He and his wife live in Knoxville.
Swiney was appointed to the Tennessee Court of Appeals in 1999 by Governor Sundquist. He was retained by voters in 2000, 2006, and 2014. His fellow Court of Appeals judges elected him Chief Judge in 2016. Judge Swiney is a member of the Tennessee Bar Association, Knoxville Bar Association, and was an adjunct professor at the University of Tennessee College of Law from 1997 to 2006.
Swiney has ruled in favor of letting plaintiffs sue a church accused of covering up sexual assualt cases in John Doe 1, et al v. Woodland Presbyterian, et al; authored an opinion telling state legislators to stop becoming legally involved in a same-sex divorce case due to the divorce case being over and no further lawsuit left to pursue and become
involved in Sabrina Renae Witt v. Erica Christine Witt; and ruled that in the midst of a criminal investigation, Tennessee cannot withhold public records in Scripps Media, Inc., et al v. Tennessee Department of Mental Health and Substance Abuse Services et al.
COURT OF APPEALS, MIDDLE DIVISION
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Andy D. Bennett
Andy D. Bennett was appointed judge on the Tennessee Court of Appeals in 2007 by Democratic Governor Phil Bredesen, and has held the position through elections in 2008 and 2014. Bennett received his undergraduate degree from Vanderbilt University in 1979 and his J.D. degree from the Vanderbilt University School of Law in 1982. He worked at the Tennessee Attorney General’s Office from 1982-2007, and was Chief Deputy Attorney General before being appointed to the Court of Appeals.
Bennet received the William M. Leech, Jr. Award for outstanding service to the Tennessee Attorney General’s Office in 1998 and the Marvin Award from the National Association of Attorneys General for “outstanding leadership, expertise and achievement in advancing the goals of the National Association of Attorneys General” in 2004.
In Jetmore v. Metropolitan Government of Nashville and Davidson County, Bennett ruled against the Metro Nashville Police Department (MNPD) concluding that, according to the Tennessee Public Records Act, a person has the right to prompt delivery of records from MNPD and that delaying or limiting access to public records violates the law. The now dissolved Judicial Performance
Evaluation Commission in 2014 recommended Bennett for retention, by a 7-2 vote. Those who voted against retention raised concerns that Bennett’s opinions may lack proper application of judicial precedent and review. Those who voted in favor of retention, the majority, concluded that his service and record justified retention.
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Frank G. Clement Jr.
Frank G. Clement Jr. was appointed to the court by Democratic Governor Phil Bredesen in 2003, elected in 2004, and retained in 2006, and 2014. He is the son of former Tennessee Governor Frank G. Clement received his undergraduate degree from the University of Memphis in 1972 and his J.D. from the Nashville School of Law in 1979.
He practiced law privately from 1979 until 1995, when he was appointed to the position of Judge of Division VII of the Circuit Court of Davidson County. He served in that capacity until his appointment to the Court of Appeals.
In 2012, he was awarded the Appellate Court Judge of the Year by American Board of Trial Advocacy. A commission of his peers on the Appellate court reported that Clement Jr. shows “ethical conduct, demonstration of courtesy and respect, and appropriate judicial temperament were particularly noteworthy”. Clement Jr. was recognized as the Appellate Court Judge of the Year in 2012 by the American Board of Trial Advocacy. He is a Past President of the Nashville Bar Association and a member of the Tennessee and Nashville Bar Associations.
A 2013 ruling by then judge Richard Dinkins, but joined by Clement, set legal precedent to allow any government official to refuse to release documents to a citizen seeking to review, establishing a “deliberative process privilege” that shields the records of policymakers. This received criticism as it holds negative implications for open government in Tennessee. This decision has been upheld and clarified by subsequent Federal Supreme Court rulings.
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W. Neal McBrayer
W. Neal McBrayer was appointed to the Tennessee Court of Appeals by Republican Governor Bill Haslam in 2013 and retained the position in 2014 even though McBrayer held no previous experience as a judge. McBrayer received his undergraduate degree from Maryville College in 1986 and his J.D.from William & Mary Law School in 1989.
From 1989 until his appointment in 2012 McBrayer practiced commercial litigation and bankruptcy law for three different private practice firms in Nashville. He is a past president of the Mid-South Commercial Law Institute. He has written extensively on the law of commercial transactions, including his published 2001 Article 9 Forms and Practice Manual.
McBrayer has been recognized in “The Best Lawyers in America” and as a Mid-South Super Lawyer. He is a member of Maryville College Board of Directors, the Nashville, Tennessee, and American Bar Associations, and The Harry Phillips American Inn of Court. McBreyer is a member of the Federalist Society, a legal organization of conservatives and libertarians that advocates for a textualist and originalist interpretation of the United States Constitution.
In 2020, McBrayer supported a ruling in Glenn R. Funk v. Scripps Media, Inc., and Phil Williams affirming that fair and accurate news reports of judicial proceedings are protected from defamation claims, unless malicious intent is proven. McBrayer dissented against a ruling by Judge Dinkins in The Tennessean, et al. v Metropolitan Government of Nashville and Davidson County, et al., which denied media outlets access to public records being used during the the continuing police investigation and pending prosecution of an alleged rape in a Vanderbilt campus dormitory.
COURT OF APPEALS, WESTERN DIVISION
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Kenny Armstrong
Judge Kenny Armstrong was born in Munford, Tenn. In 2014, Gov. Bill Haslam appointed Armstrong to the Tennessee Court of Appeals, Western Section, where he currently presides and was retained in 2016. He holds an undergraduate degree from Tennessee State University and a Juris Doctorate from the Duke University School of Law.
Armstrong worked for the United States Department of Justice as an Assistant U.S. Attorney and as a legal officer for the U.S. Air Force before moving into private practice in 1978. After 18 years at Higgs, Armstrong, White & Johnson, Armstrong became Clerk and Master of the Thirtieth District Chancery Court in Memphis. In 2006, he was elected Chancellor of the Thirtieth District Chancery Court, Part III.
In a profile published by the Memphis Daily News, Armstrong is described as a “highly competent, highly effective lawyer” and a “lifelong Republican.” In 2009, he made the news when he ruled in favor of Memphis City Schools in the case of The State of Tennessee, ex rel. The Board Of Education Of The Memphis City Schools, et al. v. City Of Memphis, et al. Armstrong ruled that the Memphis City Council broke the law when it drastically cut funding to city schools, in spite of a ‘maintenance of effort’ statute that requires municipalities to at least match funding from the previous year. He ordered the city to pay $57 million in funds owed to the school board, a decision that was hailed as a victory by the board of education and school advocates in Shelby County.
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Arnold B. Goldin
Arnold B. Goldin was appointed to the Tennessee Court of Appeals, Western Section, by Governor Bill Haslam in 2014 and was retained in 2016. Goldin holds a B.A. from the University of Virginia and a Juris Doctorate from the University of Memphis.
After receiving his law degree in 1974, Goldin went into private practice, where he litigated civil cases in state and federal courts for nearly 30 years. In 2002, Governor Don Sundquist appointed him chancellor in the Shelby County Chancery Court, where he served for 12 years until his Court of Appeals appointment. In 2004, Goldin received the Chancellor Charles A. Rond “Judge of the Year Award.”
In April, Goldin made the news when he reversed the decision of a trial court judge in the case of Clay County v. AmerisourceBergen Drug Corp. Over a dozen Tennessee counties filed suit against Endo Pharmaceuticals and its parent companies for alleged lax oversight of highly addictive drugs, contributing to the opioid epidemic. Judge Jonathan Young of the Circuit Court for Cumberland County ruled that Endo and its parent companies were liable by default for concealing documents from the court. He harshly sanctioned the drugmaker and stripped them of their right to legal defense in upcoming stages of the trial.
Sparked by an appeal from Endo, Goldin and two other appellate judges ruled that Judge Young was unfit to preside over the case due to several Facebook posts in which he displayed “clear bias.” Consequently, Goldin reassigned the case to a different court, and threw out Judge Young’s sanctions on the grounds that Young should have recused himself from the start. Goldin, now 73, lives in Memphis and has authored over 300 opinions.
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Carma Dennis McGee
Judge Carma Dennis Mc- Gee was appointed to the Court of Appeals, Western Section, by Bill Lee in 2019, making her the fifth ever woman to sit on the court. A native of Savannah, Tenn., she holds an undergraduate degree from Union University and a Juris Doctorate from the Cecil C. Humphreys School of Law at the University of Memphis.
After receiving her law degree in 1998, McGee returned to Savannah and spent the next 15 years practicing privately as a partner at McGee & Dennis. In 2014, Governor Bill Haslam appointed her a chancellor of Tennessee’s Twenty-Fourth District Chancery Court. In 2019, at her appointment ceremony, Governor Lee praised McGee’s leadership and conservative values.
McGee stated “I am proud to serve the people of West Tennessee. I pray that God will grant me the wisdom to be a faithful steward over the responsibilities that He has entrusted to me.” She is a member of the Lawyers Association for Women and the Tennessee Bar Association. She last faced and won a retention vote in August of 2020.
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J. Steven Stafford
Judge J. Steven Stafford was appointed by Democratic Governor Phil Bredesen to the Court of Appeals, Western Section in 2008 and has retained this position for 14 years. He holds an undergraduate degree from The University of Tennessee at Martin, and a Juris Doctorate from the Cumberland School of Law at Samford University.
After graduating in 1983, Stafford went into private practice. In 1988, he took on a part-time role as a judge at the Municipal Court in Dyersburg. Five years later, he became a chancellor on the 29th District Chancery Court where he served until his appointment to the Court of Appeals.
Stafford was retained in 2014, and the Tennessee Judicial Performance Evaluation Commission voted unanimously in his favor. The commission praised Stafford for his “professional demeanor” and “collegial nature,” but noted that his written opinions showed “room for improvement.”
In 2021, Stafford made the news when he reversed a Shelby County Circuit Court judge’s decision in the case of Moses v. Terry Roland et al. Stafford overturned the circuit court’s ruling that former Shelby County Commissioner Terry Roland was guilty of defaming Memphis-based organizer and BLM-affiliate Pamela Moses during a county commission meeting. Stafford argued that government officials have full immunity to libel and defamation suits when conducting legitimate government business and struck down the initial ruling, which had been hailed as a victory for activists in Shelby County.
Stafford is a member of the Leadership Team for Tennessee’s Committee on Building Public Trust and Confidence in the Judicial System, and is a frequent seminar speaker, specializing in ethics.
COURT OF CRIMINAL APPEALS, EASTERN DIVISION
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Robert H. Montgomery Jr.
Robert H. Montgomery Jr. was appointed by Republican Governor Bill Haslam to the Tennessee Court of Criminal Appeals in 2014. He attended Vanderbilt University and earned his J.D. from the University of Tennessee in 1979. Montgomery Jr. practiced law privately in Kingsport, Tenn., from 1979 until 1986 when he became the unemployment appeals referee in the Department of Employment Security for four cities.
In 1987, Montgomery became the Assistant District Attorney for Sullivan County, where he won the President’s Award from the Tennessee District Attorney’s Conference and served as the prosecutor for the Sullivan County Highway Safety Office. Montgomery assumed the Sullivan County Criminal Court bench in 2006 until his appointment to the Court of Criminal Appeals.
As the former vice president and legislative committee chair of the Tennessee Judicial Conference, he served as an instructor for the National District Attorneys Association and National Highway Traffic Safety Administration. He was also a faculty member at Indiana University for Alcohol and Highway Safety. Montgomery has belonged to the Judicial Performance Evaluation Commission since 2012.
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James C. Witt Jr.
James C. Witt Jr. was appointed to the Court of Criminal Appeals in 1997 by then Republican Governor Don Sundquist and retained in 1998, 2006, and 2014. Witt received his associate’s degree from Hiwassee College in 1968, his undergraduate degree from Tennessee Wesleyan College in 1970, and his Juris Doctor from the University of Tennessee College of Law in 1973. He then circled back to the U.T. College of Law as an adjunct professor.
Witt served the Monroe County Juvenile Court from 1979-82. His career also involved time as a counsel on the Monroe County Board of Education, and a Juvenile court referee. He has also served on the Faculty of the Tennessee Judicial Academy and regularly lectures on legal topics.
In 2014, the Tennessee Judicial Performance Evaluation Commission unanimously recommended his retention and in their report noted that “his ratings in oral argument and ethical conduct were particularly noteworthy” but otherwise included little detail on their findings in their report.
Witt’s community involvement includes serving as the past president of the Boys & Girls Club and includes a variety of memberships as the President of Monroe County Bar Association, the Board of Professional Responsibility, the Tennessee Judicial Council, former chairman, board of trustees of Emory & Henry College, Tennessee Wesleyan College, and Hiwassee College.
COURT OF CRIMINAL APPEALS, MIDDLE DIVISION
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Jill Bartee Ayers
Jill Bartee Ayers was appointed to the Criminal Court of Appeals by Republican Governor Bill Lee in 2021 and is only the fifth female to hold this position.
Ayers majored in English at Belmont University and attended University of Tennnessee’s College of Law for her JD. She has served as a partner at Batson Nolan PLC in Clarksville, Tennessee, a school board attorney for the Clarksville-Montgomery County School System, and an Adjunct Professor at Austin Peay State University.
Ayers ran for her first position on the courts citing the need for a “conservative, qualified candidate.” In 2015, Ayers was appointed as a Circuit Court judge by former Governor Bill Haslam, covering primarily criminal cases in Montgomery and Robertson Counties. Notably, she has worked with three expungement clinics in partnership with the NAACP, and the Faith and Justice Alliance, among other organizations.
Ayers is an active member in her community, participating in various volunteer and board positions, including Leadership Middle Tennessee, SAFE (Soldiers and Families Embraced), and Tennessee Promise.
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Timothy L. Easter
Timothy L. Easter was appointed by Republican Governor Bill Haslam to the Criminal Appeals Court in 2014. He earned his Bachelor’s Degree at Lipscomb University, and law degree from the Nashville School of Law.
After law school he worked as an assistant district attorney for the 21st Judicial District, and later at the law firm of Rogers & Easter. He joined the 21st Circuit Court in 1998, presiding over Hickman, Lewis, Perry, and Williamson counties in Tennessee. Easter served on the 21st Circuit Court until his appointment to Criminal Appeals Court.
In 2001, Easter was one of the founders of the 21st District Recovery Court. Recovery courts offer people with substance use issues rehabilitation and support services as an alternative to serving jail time for non-violent, criminal offenses. Easter commented that the people in his courtroom are “children of God, deserving of grace and redemption.”
Easter is a member of the Williamson County Bar Association and has served as both the Vice President and Secretary of the Tennessee Judicial Conference.
Additionally, he is part of the Integrated Criminal Justice Committee of Tennessee, which seeks to provide technical infrastructure and systems that share criminal and juvenile justice data among partners of the state such as law enforcement agencies, judicial agencies, and corrections agencies.
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Robert L. Holloway Jr.
Robert L. Holloway Jr. was appointed as Court of Criminal Appeals Judge in 2014 by Republican Governor Bill Haslam. Holloway Jr., graduated from Columbia Central Highschool and attended University of Tennessee, where he earned his Bachelor’s and law degree. Following law school, he served as a clerk for Judge James Parrot of the Tennessee Court of Appeals.
After his clerkship, he joined the law firm of Fleming, Holloway, Flynn and Sands. During that time he served as general counsel for Columbia Power and Water Systems, and as general counsel for Kwik Sak. In 1998, he became Circuit Judge of the 22nd Judicial District, presiding over Giles, Lawrence, Maury and Wayne counties, until his appointment to the Court of Criminal Appeals.
Outside of the courtroom, Holloway was Chairman of the Maury County Republican Party; President of the United Way of Maury County; Scoutmaster for the Boy Scouts; and Deacon at First Presbyterian Church. He was also President of the Kiwanis Club of Columbia, where he was honored with the “George F. Hixson Fellowship” for his significant contributions to the Kiwanis’ history of service and generosity.
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Robert W. Wedemeyer
Robert W. Wedemeyer was appointed to the Tennessee Court of Criminal Appeals by Republican Governor Don Sundquist in 2000, and was retained in 2006 and 2014. He received his Bachelor’s degree from Vanderbilt University, and his law degree from the University of Memphis.
Following law school he worked in private practice for 13 years. He was appointed as Circuit Judge in the 19th Judicial District in 1990 by Democratic Governor Ned R. McWherter, and was re-elected in 1998 serving until his appointment to the Court of Criminal Appeals.
Outside the courtroom, Wedemeyer frequently lectures at Austin Peay State University, and has taught courses on Family Law and the Death Penalty. He is also faculty for the Tennessee Bar Association and has taught various courses on Criminal Law basics. In his community, he has served as a Little League Baseball Coach, Soccer Coach, YMCA Basketball Coach, and President of Montgomery County Chapter of American Red Cross.
The Judicial Performance Evaluation Commission, published in 2014, although unanimously recommended his retention, stated that Wedemeyer had “performance with both areas of excellence and potential for self-improvement” and within this report, it was noted that attorneys rated him slightly lower than the other groups, leaving some room for improvement in what was an overall favorable evaluation.
COURT OF CRIMINAL APPEALS, WESTERN DIVISION
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John W. Campbell, Sr.
Judge John W. Campbell, Sr. was appointed to the Tennessee Court of Criminal Appeals, Western Section on January 12, 2022 by Republican Governor Bill Lee.
Campbell earned his bachelor’s degree in history and his law degree in 1980 from Memphis State University.
Campbell served as an Assistant Public Defender in the 30th Judicial District from 1984 to 1985, and then an Assistant District Attorney General from 1985 until 2012 when then Republican Governor Bill Haslam appointed him to Criminal Court Judge of Division VI in 2012. He retained his judgeship in 2014.
He has served as a technical advisor to the National Civil Rights Museum, has taught on ethics and trial advocacy, and is Chairman of the Education Committee for the Tennessee Judicial Conference. Campbell has stated that he is “passionate about criminal justice, education and the law.” Judge Campbell also is a member of the Diocesan Review Board of the Catholic Diocese of Memphis. This board focuses on evaluating sexual misconduct accusations, and then advises the Bishop of how to proceed to better protect children in these institutions.
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J. Ross Dyer
Judge J. Ross Dyer was appointed to The Court of Criminal Appeals in the Western Division in 2016 by Republican Governor Bill Haslam.
Coming from three generations of lawyers and judges, he received his bachelor’s degree in business administration from Millsaps College in 1995 and his J.D. from Cumberland School of Law at Samford University in 1998.
He has served as Assistant Attorney General in the Tennessee Attorney General’s Office from 1997 until 2007, when he became Senior counsel and managing attorney for the Memphis office of the Tennessee Attorney General. Dyer also served as chief counsel for Shelby County from 2014-2016.
Dyer is a member of the Tennessee Bar Association as well as the Memphis Bar Association. Dyer is a board member on Christ Community Health Services and Lay Leader, Congregational Elder and Past Chair of Board of Trustees for the Christ United Methodist Church.
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Camille McMullen
Judge Camille McMullen was appointed to The Court of Criminal Appeals in 2008 by then Democratic Governor Phil Bredesen, and was retained in 2014. McMullen is the first African-American woman to serve on an intermediate court in Tennessee. Earning her B.S. degree in political science from Austin Peay State University, McMullen went on to receive her law degree from the University of Tennessee in 1996.
McMullen was Law clerk to Joe G. Riley, Tennessee Court of Criminal Appeals from 1996 to 1997, and went on to serve as the Assistant District Attorney General in Shelby County District Attorney’s Office until 2001, and Assistant U.S. Attorney for the Western District of Tennessee from 2001 until 2008.
McMullen received the US DOJ Special Achievement Award in 2005. She is a past board member of Girls Incorporated of Memphis, Tenn., and The Children’s Museum of Memphis, and a member of Memphis, Tennessee, and National Bar Associations, and the Tennessee Women’s Forum. Judge McMullen has stated that “...I will continue to work tirelessly to ensure the fair and impartial application of the law in each and every case that comes before me.”
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John Everett Williams
John Everett Williams was appointed to the Tennessee Court of Criminal Appeals’ Western Division by then Republican Governor Don Sundquist, in 1998, elected in 2000 and retained in 2006 and 2014. Williams received his law degree from Cumberland School of Law, Samford University in 1981. Before beginning his judicial career, Williams was an attorney with Williams and Williams Attorneys at Law.
Judge Williams is a member of the Tennessee Bar Association, Tennessee Trial Lawyers Association, and participated in the Tennesseans for Fair and Impartial Courts Project. He lectures frequently on legal topics and is involved in the American Heart Association, American Cancer Society, and Carroll County Habitat for Humanity, among several other community organizations.
In 2014, Williams was unanimously recommended for retention by the Tennessee Judicial Performance Evaluation Commission. He received notable ratings in giving parties adequate time to be heard in oral arguments as well as demonstrating respect to court personnel. Williams’ judicial philosophy is one that approaches the law practically.