Shelby County Election Commission v. Turner

OPINION

COOPER, Justice.

The primary issues on appeal are (1) whether a vacancy exists in the office of Clerk of the Juvenile Court of Memphis-Shelby County, Tennessee, and, (2) if so, when and how the vacancy must be filled. The answers to these issues depend, in the main, on the resolution of the issue of constitutionality of Chapter 629 of the Public Acts of 1988, amending T.C.A. § 37-1-211. The chancellor concluded that Article VI, Section 13 of the Constitution of Tennessee mandates that the office of Clerk of the Memphis and Shelby County *776Juvenile Court is an elective office, and that…