Tennessee Law Requires Diverse Judicial Nominating Committee

17-4-102.　　Judicial nominating commission -- Establishment -- Membership -- Appointments -- Application for commission membership.

　　(a)　There is established as a part of the judicial branch of the state a judicial nominating commission, to be composed of seventeen (17) members as follows:

　　　(1)　Eight (8) members shall be appointed by the speaker of the senate;

　　　　　　(A)　Two (2) of the members shall be appointed from each of the state's three (3) grand divisions, and the remaining two (2) members shall be appointed at-large; and

　　　　　　(B)　At least five (5) of the members shall be attorneys;

　　　(2)　Eight (8) members shall be appointed by the speaker of the house of representatives;

　　　　　　(A)　Two (2) of the members shall be appointed from each of the state's three (3) grand divisions, and the remaining two (2) members shall be appointed at-large; and

　　　　　　(B)　At least five (5) of the members shall be attorneys;

　　　(3)　One (1) non-attorney member shall be appointed at-large by joint action of the speaker of the senate and the speaker of the house of representatives; and

　　　(4)　Not more than three (3) of the members appointed at-large may be residents of the same grand division.

(b)　　(1)　The entire membership of the judicial selection commission shall be vacated and shall be replaced by new appointments made to the judicial nominating commission pursuant to this section. In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:

　　　　　　(A)　Two (2) of the speaker of the senates's initial appointments shall be made for terms of two (2) years each;

　　　　　　(B)　Two (2) of the speaker of the house's initial appointments shall be made for terms of two (2) years each;

　　　　　　(C)　The speakers' joint appointment shall be made for a term of two (2) years;

　　　　　　(D)　Three (3) of the speaker of the senate's initial appointments shall be made for terms of four (4) years each;

　　　　　　(E)　Three (3) of the speaker of the house's initial appointments shall be made for terms of four (4) years each;

　　　　　　(F)　Three (3) of the speaker of the senate's initial appointments shall be made for terms of six (6) years each; and

　　　　　　(G)　Three (3) of the speaker of the house's initial appointments shall be made for terms of six (6) years each.

　　　(2)　Thereafter, the terms for all appointments shall comply with §§ 17-4-106 and 17-4-107(a).

(c)　In making the appointments to the judicial nominating commission, each speaker shall do so with a conscious intention of selecting a body that reflects diversity with respect to:

　　　(1)　Race, including the dominant ethnic minority population;

　　　(2)　Gender; and

　　　(3)　Representation of rural areas as well as urban centers.

(d)　The administrative office of the courts shall develop and post on its web site a downloadable information and application form for citizens who wish to be considered for appointment to the judicial nominating commission. The form shall indicate all qualifications required for appointment to the commission. To be considered for appointment, each applicant must complete, sign and submit the form. Appropriate deadlines for submission of the forms shall be established by the administrative office of the courts in advance of each scheduled vacancy and promptly after the occurrence of any unscheduled vacancy. Each time that deadlines are so established, in addition to notice posted on its web site, the administrative office of the courts shall take appropriate action to notify the general public and shall provide written notification to the speaker of the senate and the speaker of the house of representatives. Immediately following the occurrence of any such deadline, the administrative office of the courts shall post on its web site a summary report of all qualified applicants for the vacant position or positions. The summary report shall include at least the name, county of residence and occupation of each applicant. For a period of fourteen (14) days following the posting of the summary report, the administrative office of the courts shall receive public comments from interested persons and organizations. At the conclusion of the period for public comments, the application forms and corresponding public comments shall be forwarded to the appropriate speaker or speakers for consideration and action. Within fourteen (14) days following receipt of the information, the speaker or speakers shall make the required appointments from the pool of qualified applicants. However, for good cause, either speaker may fill a vacancy by appointing a qualified person not included within the pool of applicants if the speaker provides written notice to the administrative office of the courts stating the reasons for appointing a person not included within the pool of applicants.

HISTORY: Acts 2009, ch. 517, § 1.

Georgia Should Codify its Pursuit of Judicial Diversity



[Reprinted from the Daily Report, October 4, 2012]



To the Editors:

We note with interest an article by Leah Ward Sears and Kimberly Bourroughs which appeared in the Sept. 24, 2012, issue of the Daily Report entitled "Raise the bar on judicial diversity." While we concur with the sentiments expressed in the article, we respectfully disagree that the recent gathering at the courthouse steps was an expression of "anger." Rather, it was a concerted effort by minority bar associations and community-based organizations to bring an important issue to the public's attention.

Moreover, we would add that judicial accountability requires that the courts be representative of the communities that they serve. Judicial diversity also promotes impartiality by ensuring that all viewpoints, perspectives and values are part of the decision-making process.

The recent article was particularly commendable in proposing steps that can be taken in pursuit of the goal of a more representative judiciary, especially in addressing the lack of diversity on Georgia's Judicial Nominating Commission ("JNC"). Not long ago, the Georgia Association of Black Women Attorneys asked Governor Nathan Deal to diversify the JNC, but since then there has been no change in the diversity of its membership. The JNC still has only one African-American male, no African-American females, and no other persons of color among its 15 members. In 2012, this lack of representation does a disservice to the state's highly diverse populace.

Beyond the steps toward increasing judicial diversity which were suggested in the recent article, Georgia should also consider some of the more recent steps which other states have taken to pursue this goal. For example, Arizona has a constitutional provision requiring its judicial nominating commission to "consider the diversity of the state's population, however, the primary consideration shall be merit." Ariz. Const. Art.VI, § 36.

Maryland has an executive order which requires that its nominating commission "shall consider … the importance of having a diverse judiciary." Md. Exec. Order No. 01.01.2007.08.

In Missouri, the governing Supreme Court rules direct that "the Commission shall further take into consideration the desirability of the bench reflecting the racial and gender composition of the community." Mo. S. Ct. R. 10.32(f) (2008).

Several other states have laws that mandate diversity in the composition of their judicial nominating commissions. Florida, for example, requires that "the Governor shall seek to ensure that, to the extent possible, the membership of the Commission reflects the racial, ethnic, and gender diversity, as well as the geographic distribution of the population within the territorial jurisdiction of the Court for which nominations will be considered." Fla. Stat. Ann. § 43.291(4) (2008).

Tennessee law requires the appointment of "persons who approximate the population of the state with respect to race, including the dominant ethnic minority population, and gender." Tenn. Code Ann. § 17-4-102(C) (2008) Rhode Island provides that "[t]he Governor and the nominating authorities hereunder shall exercise reasonable efforts to encourage racial, ethnic, and gender diversity within the Commission." R.I. Gen. Laws § 8-16.1-2(a)(3) (2006).

We do not wish to displace the recommendations advanced by Justice Sears and Ms. Bourroughs. However, we suspect that actually codifying the state's pursuit of judicial diversity, as these other states have done, might enhance the likelihood of producing positive results.

Suzanne Wynn Ockleberry, Past President, Georgia Association of Black Women Attorneys
Charles S. Johnson, Past President, Gate City Bar Association