Retirement creates bench battle: Several attorneys expected to vie for Haston’s position
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Judge Haston, who has been on the bench for almost 30 years, made the surprise announcement to members of the McMinnville Bar Association Tuesday. He has not been available for further comment since dropping the bomb.
“It came as a big surprise to all of us,” said local attorney and bar president Richard Dorris, who was amongst the lawyers present for the specially called meeting Tuesday. “He’s been an icon of the judicial system as far back as I can remember. He’s been a great judge and we’ll sorely miss him. He was probably one of the reasons for our lower crime rate here.
“However, you can’t blame a man who wants to enjoy some years of retirement. If anyone has earned them, it’s Charles Haston.”
In his retirement announcement, Haston said he intends to step down Sept. 1, midway through service of his eight-year term which does not expire until 2006. He was elected to his fourth elected term of office in 1998. He was first appointed in the early 1970s following the early retirement in midterm by former Judge Robert Brady. He was then elected to his first full term in 1974.
According to Election Administrator Donna Yates, should Haston retire Sept. 1 as announced, his successor will be chosen by Gov. Don Sundquist. The governor would likely choose the successor from a recommendation tendered to him by the 17-member Tennessee Judicial Selection Committee.
The committee normally recommends three candidates to the governor after interviewing applicants. A public hearing would also be held before the committee makes its recommendations. Dorris said the local bar would not have a hand in selecting Haston’s successor.
The person selected to take Haston’s place would serve for two years, until the general election of 2004. A public election would then be held to determine who will serve until the main election in 2006. The winner in 2006 would then serve an eight-year term.
Such an appointment fuels almost endless possibilities of who will get the nod.
“It ought to be awfully interesting,” said local attorney and former general sessions judge Barry Medley. “It’s a very powerful and important position and it pays about $100,000 a year so there could be several come out.”
Medley says he does not believe he is interested in the job although he thinks, given his judicial and legal experience, he is very qualified.
“I’ve learned never to say never, but right now I’m really happy with what I’m doing,” he said.
Medley’s law partner, Frank Farrar, has also been mentioned as a possible candidate. The veteran attorney could have a good line on the job since he is a well-known attorney and a Republican. If there is an appointment, it will be made by a Republican governor. Farrar was not in the office for comment Thursday and Medley said he did not know about his partner’s plans.
Medley pointed out another possibility is the board could appoint a “caretaker judge” who would serve two years until the next election and then agree not seek election in 2004. In that way, the appointed judge would not gain advantage as an incumbent in the 2004 election.
The caretaker role was used by the governor in 1990 with the appointment of pro-tem district attorney Susan Marttala, who did not seek election that year. Marttala is also a rumored possibility for Haston’s position.
While appointment by the state could lead to a wealth of applicants, a minor change in Haston’s retirement date could lead to a hotly contested public election this year.
According to legal sources, should Haston move up his retirement date to one month prior to the scheduled August election, a public election would be held to fill the four unexpired years of his term. A short-term appointment would then be made to serve from his retirement until Sept. 1.
General Sessions Judge Larry Ross, who was rumored to be eyeing the circuit bench, said he doubts he will seek the job given his responsibilities in sessions and juvenile court.
“It’s sad to see Judge Haston go. He has really assisted the community and it’s a shame to lose him,” Ross said. “I would encourage him to reconsider but I’ll support him no matter what he decides.”
Ross said he has several important efforts going on, especially in juvenile court, which he wants to see through. However, Ross said he won’t rule anything out.
District Attorney General Dale Potter flatly said he has no intentions of applying for the circuit job. Potter earlier received an appointment by the governor for the job of public defender in 1990.
“I have no intentions of seeking the judgeship at this time,” Potter said. “We have a lot to do here and I’m interested in being DA. The circuit job is something I’d only be interested in if I ran and were elected to it by the voters.”
The actual list of those who will seek the job will likely not be known for some time, unless Haston’s date of retirement is moved up to necessitate a public election. Otherwise, candidates for an appointment would file their applications with the selection committee for its consideration.