Divided Selection Commission votes to seek outside counsel

In hastily called meeting, commission votes to ask the Attorney General for outside counsel

Email | Print By Ken Whitehouse

In a hastily called meeting of the Tennessee Judicial Selection Commission today, members voted to ask Tennessee Attorney General Paul Summers for outside counsel in their ongoing dispute with Gov. Phil Bredesen over who will be appointed to the Tennessee Supreme Court. The process by which the group came to that decision was not without conflict.

In a 7-3 decision, members have decided to respond to a letter sent by Summers that asked if they wanted outside counsel in the affirmative. They declined to respond to questions by Summers asking whether the majority of the commission wished to defend the lawsuit and whether members believed Bredesen's complaint is contrary to the interests of the commission. They chose to wait on answering those questions until they have retained counsel.

The meeting started off with Nashville attorney John Lyell questioning the presence of media in the room, since legal options were under discussion. After Lyell's comment failed to stir a response from fellow commission members, Memphis attorney Barry Ward launched an attack on Summers, saying that the AG ought to recuse himself from arguing the case since he represented the commission as well, and arguing that the commissioners should "ask for the court to disqualify the Attorney General."

Ward, who was the author of the proposal that placed Covington attorney J. Houston Gordon back in consideration -- the spark for the entire debate -- failed in convincing his colleagues that Summers was doing anything inappropriate by representing Bredesen.

After Ward's charge fell short, Knoxville District Attorney General Randy Nichols took the opposite stance, saying: "I am not in favor of spending one red penny on outside counsel. I am deadly opposed to hiring a lawyer."

Nashville attorney William Farmer, sponsor of today's resolution calling for outside counsel, said that according to TCA 8-6-106 the commissioners had to retain counsel, even if they chose not to defend the matter.

In the end Farmer's proposed request for counsel passed, with opposition coming from Nichols, Lawrenceburg District Attorney General Michel Bottoms, and Knoxville attorney Hulet Chaney.

There may be a surprise in the making, however. Myrlene Marsa, a Chattanooga attorney who is one of the newest commssion members, said that she wanted to have the opportunity to speak with outside counsel because "some members may change their previous votes." The original action that allowed Gordon to be reconsidered passed by only one vote.