5 - Tennessee

Summary

Tennessee represents a new trend in changing judicial selection: eliminating the constraint that appointees must be recommended by a nominating commission that is the central element of the Missouri Plan. In the 1970s, the Tennessee legislature adopted a version of the Missouri Plan for the state’s appellate courts; however, the Democratic majority in the legislature quickly repealed it for the Tennessee Supreme Court. It was readopted for the Supreme Court in the early 1990s. The Missouri Plan withstood court challenges asserting that the legislature had exceeded its constitutional power by implementing that system without a constitutional amendment. However, dissatisfaction with the system continued, and the Missouri Plan started to come under attack. In 2014, the Republican-controlled legislature submitted a constitutional amendment to the voters that provided for gubernatorial appointment of any person with the legal qualifications, confirmation by the General Assembly, and retention through retention elections. The amendment was approved.