Circuit court bench like musical chairs

By DUANE SHERRILL / Staff Reporter for the Southern Standard

DANIEL

With over three months left until a publicly elected judge takes office, the circuit judgeship in the 31st Judicial District has turned into a game of musical chairs with numerous judges filling the role once handled by Judge Charles Haston.

Since Haston’s official retirement May 1, five judges, all hailing from elsewhere in the state, have taken the oath of office after being appointed to temporary status by the Tennessee Supreme Court. Their appointments have, for the most part, been limited to certain days on which they are assigned to hear regularly scheduled dockets.

Included in those taking the oath of office are James L. Weatherford, who presided Friday, John K. Byers, who will be on the bench four days this month, John D. Wooten Jr., who will preside May 17, Steve Daniel, who will swear in the new grand jury May 20, and L. Terry Lafferty, who presided May 3.

All except Daniel are senior and retired judges. Daniel is judge for the district centered in Mufreesboro and has served as special judge here before.

In addition to the aforementioned judges, the now retired Haston will continue hearing some cases which he formerly presided over until an elected judge is installed Sept. 1. There is also a movement to have Haston appointed temporary judge until Sept. 1; however, there has been nothing official announced by the state and such a plan would be contingent on the now-retired Haston wanting to return to the bench for the summer. He has, sources say, indicated he would be willing to help out until the elected judge is sworn in.

The steady stream of temporary judges presenting presiding in court comes after a nearly complete snubbing by local attorneys of an interim appointment to the office. Under state guidelines, an interim judge was to be appointed by the governor to serve until an elected judge is seated. However, only one attorney, Bernard K. Smith, submitted his name for consideration and he has since withdrawn his application.

The application deadline, once set for April 22, has been re-opened but there have been no takers, with some candidates for elected judge referring to the interim judgeship as “political suicide.” Smith, in withdrawing his name this week, said he felt any endorsement by “the tax-and-spend governor” would be detrimental to his candidacy for elected judge.

The administrative office of the courts could not be reached for comment Friday as to their plans on how they will continue filling the vacancy until Sept. 1.