Introduction: On November 4, 2014, the Judicial Selection Amendment
(Amendment II) to the Tennessee Constitution came before the state’s
electorate. Amendment II sought to replace the role played by the Judicial
Nominating Commission by expanding the governor’s appellate judiciary
appointment power while simultaneously clarifying and codifying what is
known as the Tennessee Plan for judicial selection. Although some felt that
this amendment went directly against the measured determinations of the
state constitution’s drafters, Amendment II passed by a relatively wide
margin, thereby altering and solidifying the judicial selection process in the
State of Tennessee. While the voters of Tennessee expressed resounding
approval for the Tennessee Plan as altered by Amendment II, some
fundamental questions still remain pertaining to its potential democratic and
political effects on the impartial administration of justice in the state. A
consideration of the history of Tennessee’s judicial selection process will
bring these fundamental questions into focus and provide a baseline for
analysis of Amendment II’s future impact.
Neal, William H. III and Casteel, Jarrod B.
"Amendment II: A Consideration of the History, Passage & Potential Effects of the Latest Judicial Selection Process in Tennessee,"
The Forum: A Tennessee Student Legal Journal:
1, Article 1.
Available at: http://trace.tennessee.edu/forum/vol2/iss1/1