Kurtz retiring

Davidson County Circuit Court Judge Walter Kurtz is leaving the bench; two prime Nashville judicial slots now up for grabs UPDATED 1:07 p.m. -- Statement issued from AOC

Email | Print By Ken Whitehouse

Walter C. Kurtz

UPDATE, 1:07 p.m.;

The Administrative Office of the Courts issued the following statement regarding the retirement of Judge Walter Kurtz:

Judge Kurtz Stepping Down to Take Senior Judge Status

Circuit Court Judge Walter Kurtz of Nashville will retire effective March 21 after more than 25 years to become the state's fifth senior judge, he said in a letter to Gov. Phil Bredesen.

"I have applied for and the chief justice has offered me a position as a senior judge," Kurtz wrote. "* I will miss my service as Fifth Circuit Court judge, but I am looking forward to serving a four year term as a senior judge."

Chief Justice William M. Barker of Chattanooga said Kurtz will be missed as a trial court judge, but will continue to serve Tennesseans in his new position. Senior judges are former trial and appellate court judges who may be assigned on a temporary basis to any state court.

"He is as well-respected as any judge in the state, and for good reason," Barker said. "My colleagues on the Supreme Court and I are pleased that he has agreed to become a senior judge."

Kurtz, 64, has been a judge since 1982 and previously served one term as a public defender in Davidson County.

"I wish to express my appreciation to the people of Davidson County who have elected me four times as judge and one term prior to my judgeship as public defender," Kurtz wrote to the governor. "I am thankful to them for the trust they have placed in me since 1978."

As originally posted;

The Tennessee Administrative Office of the Courts served notice today that it is taking applications for the vacancy being created in Davidson County's Circuit Court by the retirement of Judge Walter Kurtz. Not the type of retirement announcement you would expect in relation to such a prominent jurist.

With today's announcement, and the vacancy on Nashville's Chancery Court created last week with the elevation of Chancellor Richard Dinkins to the Tennessee Court of Appeals, Nashville's aspiring robe-clad attorneys will be in a frenzy to fill one of these two plum judicial jobs.

Kurtz, who is married to Davidson County Chancellor Ellen Hobbs Lyle, was most recently in the news for his admonishments and criticism of legendary litigator John Jay Hooker. In 2004, Kurtz ordered restraints on Hooker's access to Tennessee courts for a five-year period in the interest of preventing Hooker from "re-litigating" issues that courts are deemed to have settled. Late last year, Hooker appeared before the Tennessee Board of Professional Responsibility to address these issues after the board had threatened to take away his law license. Following that hearing, the board decided upon a public censure.

According to his court bio, Kurtz received his bachelor's from The Citadel in 1965 and served in the Army from 1966 to 1969, including a tour in Vietnam with an armored cavalry squadron during which he was awarded The Bronze Star Medal four times.

After his Army service, Kurtz attended Vanderbilt Law School, graduating in 1972. He then served as Director of Legal Services of Nashville (what is now Legal Aid) and was the elected Metropolitan Public Defender from 1978 to 1982. He has taught law at both Vanderbilt Law School and The University of Tennessee Law School and argued and won a case before the Supreme Court of The United States.

Kurtz served as presiding judge from 1987 to 1989, and has presided over both civil and criminal cases, including eight death penalty cases. He has heard mostly civil cases as of late.

The deadline to apply for the vacancy created by his retirement is Wednesday, Feb. 13, two days after the deadline to apply for the vacant Chancery Court seat.

Earlier today, NashvillePost.com published a list of possible candidates for the latter. Chances are some of these same people also will seek Kurtz's seat.