The Judicial Selection Commission and the Judicial Evaluation Commission are in a wind-up period after the General Assembly let them die last year. (I serve on the later commission as an appointee of former Lt. Governor John S. Wilder.) Both commissions will die on June 30, 2009 unless the General Assembly takes action to provide for their continued existence.
What happens to our existing judges if the commissions are permitted to die? What happens when a vacancy occurs? This is what the Attorney General thinks should happen:
1. Because there would be no statutory mechanism in place for the election of appellate judges upon the expiration of the two commissions, there could not be an election for appellate court judges in either 2010 or 2014. By virtue of Article VII, §5, of the Tennessee Constitution, incumbent appellate court judges would hold over pending further action of the General Assembly to determine the manner of the election of such judges. On the other hand, expiration of the two commissions would not change the current system for electing trial court judges. Incumbent trial court judges either seeking election in 2010 to the unexpired portion of an eight year term or reelection in 2014 to a full eight-year term could stand for election by the qualified voters of their districts in August of 2010 and 2014, respectively.