Attorneys jockey for job vacated by Judge Haston
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The surprise announcement by Circuit Court Judge Charles Haston last Tuesday, declaring his retirement effective May 1, has swept through the legal community like a wildfire. Attorneys have begun posturing for a short, and likely intense, political battle to determine who will succeed Haston on the bench to serve out the four years remaining on his unexpired term. Speculation has been the courthouse topic of the week, despite the fact qualifying petitions are not yet available.
According to Election Administrator Donna Yates, qualifying petitions will not become available until the governor notifies the local election office. The notification is expected shortly after Judge Haston’s retirement papers are processed by the state.
Assuming there are not last-minute changes on Haston’s retirement date, Yates said she anticipates the qualifying deadline for circuit judge to be May 16. To qualify, the person must be licensed to practice law in Tennessee, be at least 30 years old, lived in Tennessee for at least five years and lived in the 31st Judicial District, which includes Warren and Van Buren counties, for at least one year.
The fact that qualifying deadline is after the May 7 Democratic Primary has caused the local Democratic Party to make a decision. According to Democratic Party Chairman Paul Davis, the party will meet at 6:30 p.m. this Monday at the VFW post home to decide on the course of action.
Technically, the local party could caucus and pick a candidate to endorse from the Democratic field. However, Davis said he will recommend the party wave the caucus and allow Democrats seeking the office to all run under the Democratic banner in the general election Aug. 1.
In the meantime, announcements of candidacy have already been made by several local attorneys, with others saying they are leaning toward a run at the circuit bench.
Among those declaring their candidacy are some familiar faces in the political arena. Keith Smartt has announced he will run. He lost to Haston in the Democratic Primary in 1998.
“I ran four years ago and I intend to run again,” Smartt said. “I’ve been intending to seek the office again since the last campaign and I’m looking forward to getting out and meeting the voters again.”
Bernard K. Smith will also be tossing his hat in the ring. Smith lost to Haston in the general election in 1998.
“Of course I’m going to run,” Smith said. “I’m not planning on letting them have a race for circuit judge without me.”
Clerk and Master Richard McGregor was the first to announce his candidacy last week. He lost a narrow race to Dan Bryant for public defender in 1998.
“I plan to do this race just like me and Dan’s,” McGregor said. “We’re going to be friends going in and be friends at the end and let the voters decide who they want.”
Robert Newman of the law firm Galligan & Newman will also be a candidate.
“Yes, I’m going to run,” Newman said. “I’m looking forward to it.”
Attorney Peg Stewart may be the lone woman seeking the office as she said Tuesday she will likely make a run. Former District Attorney Susan Marttala said she has no plans to run, but has not totally ruled out becoming a candidate.
Bart Stanley has declared he is strongly considering a run for the judgeship, but has not definitely decided.
“I’m leaning that way right now,” Stanley said.
Stanley’s law partner, Thomas Bratcher, said it is too soon for him to decide if he will be a candidate, noting he has not ruled out the possibility.
On the mountain, attorney Al Johnson of Spencer said he is leaning toward a run at the job. Johnson, who has been practicing law since 1993 in Spencer, said he is glad the voters will get to decide who will be their next judge.
Scott Horton said he is leaning toward a run, but has not decided for sure.
Former District Attorney General Bill Locke said he is still surveying the situation and has not decided if he will run. Impacting his decision is the fact Robert Newman and he are brothers-in-law and Newman has already announced his candidacy. Locke, who is presently an assistant district attorney for Bill Gipson, was defeated by present District Attorney Dale Potter in 1998. Potter has declared he will not seek the circuit post.
General Sessions Judge Larry Ross is also downplaying rumors he may be a candidate, saying he has a lot of responsibilities in sessions and juvenile court.
A handful of attorneys including Richard Dorris, Billy Tollison, Aubrey Harper and Tim Pirtle say they will not run.
“The court won’t be the same,” said Pirtle. “You can’t replace the experience and wisdom Judge Haston has gained from all those years on the bench. He’s been the lynch pin which has held the judicial system together.”
Former sessions judge Barry Medley has said he will not run. Frank Farrar, Medley’s law partner, also says he will not run.
“We think we will be more benefit to the community by continuing to represent our workman’s compensation cases,” Farrar said. “Whoever takes the office will have some mighty big shoes to fill.”
Along with filling the bench held by Haston for more than four terms will be the fact his successor will assume a court docket with more than 400 criminal cases, 100 workman’s compensation cases and over 100 civil cases, not counting divorces and orders of protection.
While the attorneys decide who will seek the office, it is still unclear what arrangements will be made to fill the office from May 1 to Sept. 1. Speculation is that an out-of-town judge will be appointed to serve as special judge for those three months.