Delaney v. Thompson

OPINION

DAVIS, Chief Justice, Special Supreme Court.

In this case, we are invited to decide whether the Tennessee Plan for election of appellate judges, codified as Title 17, Chapter 4 of the Tennessee Code Annotated, is unconstitutional for a variety of reasons, but most particularly because it contemplates “retention elections” for incumbent appellate judges. In general, the Tennessee Plan provides that an incumbent appellate judge may run for reelection unopposed on the ballot, provided the incumbent’s retention has been recommended by the judicial evaluation commission; the judge will be…