Chancellor recuses self from Supreme Court lawsuit

Bredesen action against Judicial Selection Commission awaiting court assignment

Email | Print By Ken Whitehouse

Davidson County Chancellor Claudia Bonnyman yesterday was assigned the lawsuit filed at the behest of Gov. Phil Bredesen against the Tennessee Judicial Selection Commission over whom the governor can consider for the vacancy on the Tennessee Supreme Court. Today, however, Bonnyman has recused herself.

Bonnyman filed notice of her recusal with 7th Circuit Court Judge Randy Kennedy, senior judge for the 20th Judicial District which encompasses Davidson County. When contacted to discover the reason for the recusal, an aide to Bonnyman declined to give reasons for the recusal.

Attorneys speaking on background with NashvillePost.com speculate Bonnyman's recusal is due to the fact that she was appointed by Bredesen in 2003, and because her husband, public-interest attorney Gordon Bonnyman, has had ongoing legal issues with the state over the operation of TennCare.

Kennedy must now decide which chancellor will hear the case. His choices would appear to be limited.

Chancellor Richard Dinkins is unlikely to hear the case due to the fact that he was recommended by the selection commission for the Supreme Court seat in question before withdrawing his name from consideration.

Chancellors Carol McCoy and Ellen Hobbs Lyle are the other two possible choices, but the presence of Appeals Court Judge Bill Koch on the slate of candidates presented to Bredesen could motivate both jurists to recuse themselves as well, since cases appealed from Chancery regularly come before Koch.

Courthouse observers have even speculated that Kennedy would have to draft a retired judge to hear the case.