43 Pages Posted: 6 Aug 2009
Date Written: Spring 2008
In his essay Election as Appointment: The Tennessee Plan Reconsidered, Professor Brian T. Fitzpatrick contends that Tennessee's selection and retention method for appellate court judges is both unconstitutional and unmeritorious. This Essay responds to those claims. Part I will respond to Professor Fitzpatrick's claim that the Tennessee Plan is unconstitutional; Part II will respond to his claim that the Plan is not fulfilling the purposes which led the Tennessee legislature, in its wisdom, to adopt it.
Keywords: Judicial Selection, Judicial Election, Judicial Retention, Tennessee Plan
Suggested Citation: Suggested Citation
White, Penny J. and Reddick, Malia, A Response to Professor Fitzpatrick: The Rest of the Story (Spring 2008). Tennessee Law Review, Vol. 75, No. 3, 2008; University of Tennessee Legal Studies Research Paper No. 69. Available at SSRN: https://ssrn.com/abstract=1275456