Jim Lammey trounced his opponent for Criminal Court Judge (Div. 5) by 30 points. Yet he had a weak endorsement from the Commercial Appeal and his opponent, Dewun Settle, was endorsed by the Democrat Party. I doubt that the voters knew or cared that Settle has been censured, found in willful contempt of court and pleaded guilty to charges of legal malpractice.

Technorati Tags:
Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
Mark Ward,
Alicia Howard,
Avoiding Unqualified Judges,
Jim Lammey,
Dewun Settle.

I have used six primary sources of information, and use the initials after the name in the reference table below:

• The Commercial Appeal [CA]
• The Shelby County Republican Party [Rep]
• The Shelby County Democrat Party [Dem]
• The Shelby County Conservative Republican Club [CRC]
• David Caywood (a right-leaning attorney) [DC]
• Richard Fields (a left-leaning attorney) [RF]

I have come to respect Caywood and Fields as attorneys who leave partisanship behind in an effort to keep clearly-unqualified candidates off the bench. The Commercial Appeal was less partisan than I expected, and the Democrat Party is stridently partisan far beyond my expectations, endorsing borderline criminals even when they are up against clearly-qualified and fair-minded opponents (a point I plan to post about later, if I get the time — although scrolling through the seven most recent posts will clearly show this to be true).

Here is the full list of positions and candidates. I have a check mark in front of the candidates that I endorse, include a link to a post in which I perform my analysis (if available), and indicate the endorsements by the six sources cited above to help you decide for yourself (assuming you don’t like my picks).

AP		CA	Rep	Dem	CRC	RF	DC
	Circuit Court Judge, Div. 1
	John R. McCarroll
	Circuit Court Judge, Div. 2
	Curtis Johnson
	James F. Russell (analysis)
	Circuit Court Judge, Div. 3
	Karen R. Williams
	Circuit Court Judge, Div. 4
	Ritta L. Stotts
	Circuit Court Judge, Div. 5
	Kay Robilio
	Circuit Court Judge, Div. 6
	Lawrence Pivnick
	Jerry Stokes
	Circuit Court Judge, Div. 7
	Donna M. Fields
	Circuit Court Judge, Div. 8
	D’Army Bailey
	Larry E. Parrish (analysis)
	Circuit Court Judge, Div. 9
	Robert (Butch) Childers
	Chancery Court Judge, Part 1
	Walter Evans
	Chancery Court Judge, Part 2
	Arnold Goldin (analysis)
	Carlee McCullough
	Chancery Court Judge, Part 3
	Kenny Armstrong
	Karen Tyler
	Criminal Court Judge, Div. 1
	Tonya C. Saafir
	Paula Skahan (analysis)
	Criminal Court Judge, Div. 2
	W. Otis Higgs, Jr.
	Criminal Court Judge, Div. 3
	John P. Colton
	Criminal Court Judge, Div. 4
	Carolyn Wade Blackett
	Richard Parks
	Criminal Court Judge, Div. 5
	Jim Lammey (analysis)
	Dewun R. Settle
	Criminal Court Judge, Div. 6
	W. Fred Axley
	Latonya S. Burrow
	Criminal Court Judge, Div. 7
	Lee V. Coffee
	Doris Holt
	Larry Nance
	Janet Lansky Shipman
	Criminal Court Judge, Div. 8
	Chris Craft
	Criminal Court Judge, Div. 9
	Alicia Howard
	Mark Ward (analysis)
	Criminal Court Judge, Div. 10
	James C. Beasley, Jr.
	General Sessions Criminal Court Judge, Div. 1
	Lynn Cobb
	General Sessions Criminal Court Judge, Div. 2
	Phyllis Gardner
	General Sessions Criminal Court Judge, Div. 3
	John Donald
	Charles McDonald
	General Sessions Criminal Court Judge, Div. 4
	Keith Alexander
	Joe Barton
	Deborah Henderson
	Tony Kizer
	Stanley Less
	Regina Morrison Newman
	Gloria Smith
	Shannon Toon
	Wayne Vandeveer
	Joeseph K. Willcox
	General Sessions Criminal Court Judge, Div. 5
	Betty Thomas Moore
	Evan Nahmias
	General Sessions Criminal Court Judge, Div. 6
	Lonnie Thompson
	General Sessions Criminal Court Judge, Div. 7
	Tyrone Paylor
	Ann Pugh
	General Sessions Criminal Court Judge, Div. 8
	Tim Dwyer
	General Sessions Criminal Court Judge, Div. 9
	Joyce Broffitt
	General Sessions Criminal Court Judge, Div. 10
	Anthony Johnson
	General Sessions Criminal Court Judge, Div. 11
	Mischelle Alexander-Best
	Karen Massey
	General Sessions Criminal Court Judge, Div. 12
	Gwen Rooks
	Bryan Davis
	Bren Olswanger
	General Sessions Criminal Court Judge, Div. 13
	Louis J. Montesi, Jr.
	Terrance Tatum
	General Sessions Criminal Court Judge, Div. 14
	Larry Potter
	General Sessions Criminal Court Judge, Div. 15
	Loyce Lambert Ryan
	Probate Court Judge, Part 1
	Robert Benham
	Probate Court Judge, Part 2
	Donn Southern
	Karen D. Webster
	Juvenile Court Judge
	Jayne R. Chandler
	Veronica Coleman
	Earnesine Hunt Dorse
	Curtis Person
	William T. Winchester

Technorati Tags: Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
Judicial Endorsements,
Replacing Left Wing Activist Judges.

The Commercial Appeal issued a strong endorsement for Ward:

The choice in this race is a no-brainer. Judge MARK WARD, appointed to the position in 2004, clearly deserves a full term.

In the 2005 bar association ratings, Ward, 49, scored the highest of any judge, state or federal, in the survey. His entire legal career has been focused on criminal law as a teacher, private attorney and public defender.

His opponent, attorney Alicia Howard, has limited criminal trial experience.

But once again, it is attorney Richard Fields that has the full story (emphasis added):

Judge Mark Ward is an exceptional judge and person. Appointed to his position
in 2005, he was rated by the Memphis Bar Association in the survey of its
members as the best judge in Shelby County and was selected “Judge of the Year”
for 2005. This is significant as most members of the Memphis Bar Association
are civil practice lawyers. He has over 30 years experience in the criminal justice
system as the assistant public defender, an Adjunct Professor of Law in Criminal
Procedure at the School of Law-University of Memphis, a clerk on the Criminal
Court of Appeals, and private criminal defense practice. He also is the author of
the authoritative Tennessee Criminal Trial Practice. His education background
includes a B.A. – Law Enforcement and M.A.’s in Criminal Justice and Religion.

His opponent, Alicia Howard, has virtually no criminal jury trial experience. Her
last employment as an Assistant City Attorney involved no criminal work. After
leaving the City Attorney’s Office, she filed a Chapter 7 bankruptcy in Jackson,
Tennessee in 2000. Her 20 years of practice have been undistinguished and does
not make her in any way fit to replace Judge Ward.

Given Judge Ward’s outstanding credentials and the respect of his peers, one wonders at Ms. Howard’s judgement at attempting to knock off such an obviously qualified opponent. Furthermore, both politcal parties in Shelby County have endorsed Judge Ward — a rare occurance.

Criminal Court Judge Division 9
	Alicia Howard
	Mark Ward

Mark Ward has been endorsed by:

• Comercial Appeal
• Shelby County Republican Party
• Shelby County Conservative Republican Club
• Shelby County Democrat Party
• Attorney David Caywood (R)
• Attorney Richard Fields (D)

His opponent, Alicia Howard, has been endorsed by:

• [*** crickets chirping ***]

Technorati Tags: Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
Mark Ward,
Alicia Howard,
Avoiding Unqualified Judges.

Lammey earned an endorsement from the Commercial Appeal, albeit a weak one:

Two impressive candidates — Asst. Dist. Atty. JIM LAMMEY and defense lawyer Dewun Settle — are running to replace retiring Judge Joseph Dailey. Both Lammey, 49, and Settle, 41, have strong backgrounds handling difficult cases in Criminal Court. And both have credible ideas about making the courts operate more efficiently.

However, we recommend Lammey because of his broader experience as a chief prosecutor in Division 3.

But Attorney Richard Fields has the goods on Dewun Settle (emphasis added):

Dewun R. Settle is his opponent and he has serious problems. In 2000, Mr. Settle received a public censure from the Tennessee Board of Professional Responsibility where he neglected his client’s legal matter and failed to file a brief in the Court of Criminal Appeals and was found in willful contempt of court. He also is involved in current litigation with his ex-partners, including Curtis Johnson, for debts of their former law firm. He also has a $9,000 judgment against him in 1998 for legal malpractice involving a personal injury case.

Lammey has 15 years experience as a Shelby County Assistant District Attorney, serving in the Major Violators Unit and the Violent Crimes Prosecution Unit and prosecuting over 50 homicides. He has earned the respect of fellow prosecutors and defense attorneys alike.

On the other hand, Settle has been censured, found in willful contempt and guilty of legal malpractice.

As I said, this one is a no-brainer:

Criminal Court Judge Division 5
	Jim Lammey
	Dewun R. Settle

Jim Lammey has been endorsed by:

• Comercial Appeal
• Shelby County Republican Party
• Shelby County Conservative Republican Club
• Attorney David Caywood (R)
• Attorney Richard Fields (D)

His opponent, Dewun Settle, has been endorsed by:

• Shelby County Democrat Party

Technorati Tags: Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
Jim Lammey,
Dewun Settle,
Avoiding Unqualified Judges.

The Commercial Appeal has a short bio for Goldin:

Chancellor ARNOLD GOLDIN, 56, was appointed to the bench in 2002 to replace the late Floyd Peete Jr. He was elected in 2004 to finish the remainder of Peete’s term. Goldin is one of the most respected judges on the bench, has earned accolades from attorneys who appear before him and should be re-elected. Goldin has a solid legal background, with 28 years of law experience.

More impressive are the write-ups by local attorneys. David Caywood writes:

Those of us who have practiced before Chancellor Goldin
are of the opinion he is one of the finest Chancellors that any of us can remember.
When you walk into his Courtroom he usually knows more about your case than you do
and he is fair to all parties and renders timely and scholarly opinions.

While Richard Fields effuses:

Chancellor Arnold B. Goldin is one of the finest Chancellors in the history of
Shelby County. He was appointed in 2002 and elected to fill and unexpired term
in 2004. He was voted Judge of the Year in 2004 by the Young Lawyers Division
of the Memphis Bar Association and is past president of the Tennessee Trial
Lawyers Association. He has also served as Honorary Chairman of the
Committee to preserve the legacy of Dr. Benjamin L. Hooks. He is always wellprepared,
fair to all parties, and his written opinions are timely and scholarly.

Running against Goldin is someone completely unqualified for the position. Here is the Commercial Appeal’s blurb:

His opponent is Carlee McCullough, 38, an attorney in the City of Memphis’ office of contract compliance. McCullough says Chancery Court should have a woman serving on the bench and, because the court handles many divorce cases, none of the current judges “have experienced divorce. Therefore a divorcee’s perspective is not represented.”

Yeah, that’s what I want. A bitter divorcee presiding over divorce cases.

But the full story is actually much, much worse, as related by attorney David Caywood (emphasis added):

She was recently divorced from Scott Crawford , a
former attorney who went to Federal prison as a result of his involvement with the
Gangster Disciples. Before their divorce, Ms. McCullough and her husband owned the
Ivy Cat, the former Justine s Restaurant. It was a financial disaster and investors lost all
of their money. Ms. McCullough has twice been declared ineligible to practice law in
California as a result of not paying her Bar dues and not taking the mandatory
Continuing Legal Education programs. In addition , without having the required license
Ms. McCullough is presently passing herself off as a CPA which is a violation of
Tennessee law. She has been warned about this by the State of Tennessee
Department of Commerce and Insurance and was sent notices May 8 , 2006 and May
22, 2006. As of yesterday, July 10 , 2006, Ms. McCullough has not responded to the
Complaint. However, in her present job with the City of Memphis assisting minority
vendors, she has been involved with Reginald French’s contracts with the City of
Memphis which have been the subject of news media stories. In addition the records
reflect Ms. McCullough has been involved in only two (2) cases in Chancery Court and
in each of those she was a litigant. One of those was her own divorce case which she
handled herself and another was where she was being sued. If that were not enough
she was only licensed to practice law in the State of Tennessee last year, 2005. Ms.
McCullough has no standing to become a member of our Judiciary.

Meanwhile, attorney Richard Fields calls Ms. McCullough “the most dangerous judicial
candidate on the ballot” (emphasis added):

Ms. McCullough’s personal and professional life have been marked with serious problems. Ms. McCullough was married to Scott Crawford, a former attorney
who went to federal prison recently concerning his involvement with the Gangster
Disciples. Before their divorce, Ms. McCullough and her husband operated the
Ivy, the site of the former Justine’s. It was a financial disaster and her investors
lost all of their money. Ms. McCullough is liable for over $50,000 in judgments
which she is paying off at approximately $400 per month.

Before returning to Memphis, Ms. McCullough was licensed in California, and
her law license was suspended twice for non-payment of fees.

As the City of Memphis Contract Compliance Officer, Ms. McCullough has
certified a business as a minority contractor that was in fact operated by white
males. In 2004, American Medibanc was certified as a female business enterprise
for an ambulance fee billing contract of over $1 million per year, which in fact
was being operated by two white males. It was recently determined that while
Medibanc had the contract, it did not have the capacity to do electronic billings
for all of its accounts, and the City of Memphis may have lost over $2 million in
untimely billings to Medicare and other insurances. Ms. McCullough has taken
no action to recoup these funds.

She now seeks to award the ambulance fee collection contract to Affiliated
Computer Services even though the services will be subcontracted to a firm in
Philadelphia. This contract was protested in April of 2006, but the protest hearing
has not yet been scheduled.

Chancery Court Judge Part 2
	Arnold Goldin
	Carlee McCullough

Arnold Goldin has been endorsed by:

• Comercial Appeal
• Shelby County Republican Party
• Attorney David Caywood
• Attorney Richard Fields

His opponent, Carlee McCullough, has been endorsed by:

• Shelby County Democrat Party

The Shelby County Conservative Republican Club has not made an endorsement in this race.

Technorati Tags: Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
Arnold+Goldin,
Carlee McCullough,
Avoiding Unqualified Judges.

Incumbent Judge Paula Skahan was appointed by Gov. Bredesen in 2004. She is white, a lesbian and devoted Democrat.

Her opponent is Tonya Saafir, a young black attorney that has overcome many obstacles to earn her law degree, who is also a Democrat.

I have met Saafir several times and find her to be intelligent, personable and well spoken. The first time I heard her speak I wrote about it and generated a fire storm of comments. It was quite entertaining, except to Saafir who was being smeared quite badly. There were questions about her “Muslim” name and background (false) and the fact that her kids are “half-Muslim” (which doesn’t even make sense — is there such a thing as “half-Christian”?). Out of the blue, someone even threw in a shot at Angelo Cobrasci, the force behind the Shelby County Conservatie Republican Club.

John Farmer did a little digging and has an extensive post on the smear campaign.

In the meantime, I have dug a little and have not found anyone who believes that Paula Skahan is a tyrant or an activist judge.

The Commerical Appeal says of her:

Skahan, 45, worked as both a prosecutor and defense lawyer for 19 years before becoming a judge, and is familiar with all aspects of the Criminal Court operation at 201 Poplar.

Attorney Richard Fields notes:

Judge Paula Skahan was appointed by Governor Bredesen as Criminal Court Judge in 2005 after serving as a public defender, assistant district attorney, and in
private practice as a criminal defense attorney. She has handled capital cases as a
private attorney as well as over 25 felony jury trials and thousands of other cases
in her 19 years of practice. She is supported by law enforcement officer associations as well as defense attorneys and prosecutors. She has received national recognition as the recipient of the “Spotlight Award” from the National Association of Women Judges.

Meanwhile, Tonya Saafir has limited experience and does not even practice criminal law.
Richard Fields is not impressed:

Her opponent, Tonya C. Saafir, is completely unqualified to be a criminal court judge. She has practiced law for only 2 ½ years with virtually no criminal jury
trial experience. She filed bankruptcy in 1998. In 2004 she was sued in General
Sessions Court for non payment of debts, yet on November 28, 2005, she
purchased a 2006 Cadillac Escalade, and no lien is recorded with the state against
this vehicle. On April 8, 2003, she filed a Uniform Civil Affidavit of Indigence in
her divorce complaint.

Bottom line: Tonya Saafir has agressively pursued improving her life, achieving one goal after another. But it is too soon for this one: she simply does not have the experience to make a claim to a criminal court bench at this point in her career.

It is too bad that Saafir did not choose to go after a true activist judge like Childers.

But as these are the only two choices in this race, I will be voting for the more experienced, most qualified candidate: Paula Skahan.

Criminal Court Judge Division 1
	Tonya C. Saafir
	Paula Skahan

Paula Skahan is additionally endorsed by:

• Commercial Appeal
• The Shelby County Democrat Party
• Attorney David Caywood
• Attorney Richard Fields

Tonya Saafir is endorsed by:

• Shelby County Conservative Republican Club

Technorati Tags: Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
Paula Skahan,
Tonya Saafir,
Avoiding Unqualified Judges.

The Commercial Appeal notes:

Circuit Court Division 2: Judge JAMES F. RUSSELL is seeking a second full term on the bench. He was appointed in 1997 and elected the following year. Russell, 61, spent 26 years in private practice before being appointed to the bench, and his judicial service has been exemplary. His opponent is Curtis Johnson, 39, a Memphis attorney who has been censured twice by the Board of Professional Responsibility of the state Supreme Court for mishandling cases. He offers no strong alternative to Russell’s re-election.

Attorney David Caywood is more explicit:

Judge James Russell is running for reelection in Division 2 of Circuit Court. He has an outstanding record and is a member of the Vestry at St. John s Episcopal Church. His opponent has twice been publicly reprimanded by our Supreme Court Disciplinary body, the Board of Professional Responsibility. In addition he has several judgments rendered against him in General Sessions Court for nonpayment of debts. Judge Russell’s opponent was also sued in Chancery Court for paternity and child support where it was alleged he caused the woman to quit her full time job and then withdrew all financial support from her.

Caywood includes copies of the Supreme Court censure which reads in part:

Memphis lawyer Curtis D. Johnson was publicly censured by the Tennessee Supreme Court on July 27 2004. Pursuant to Section 16 of Tennessee Supreme Court Rule 9, Johnson submitted a guilty plea in exchange for a stated form of discipline. He acknowledged that he had. been negligent in the handling of certain client matters, that he had charged an excessive fee and that he had failed to adequately communicate with his clients.

Another attorney, Richard Fields, agrees:

Judge James F. Russell has been a Circuit Judge since 1996. His 9 years as a judge and his experience in private practice for 26 years has resulted in his ability
to run a fair and efficient courtroom with respect and collegiality. He is
exceptionally gracious to all parties.

Judge Russell was rated the best overall Judge in Circuit Court (Memphis Bar
Association 2005 Survey) and received the 2002, “Judge Charles A. Rond Judge
of the Year Award.” He served as President of the Memphis Bar Association in
1992 and is a member of the Special Judicial Ethics Committee appointed by the
Tennessee Supreme Court.

Unfortunately, his opponent Curtis D. Johnson, Jr., may be the most unqualified
candidate in all the judicial races. Mr. Johnson has received two public censures
by the Tennessee Board of Professional Responsibility in 2001 and 2004 for
mishandling client matters. He has a series of judgments and pending cases
against him in general sessions court for court reporter bills, expert witness fees,
and a personal injury case. He also was sued in Chancery Court for paternity and
child support where it was alleged that he withdrew all financial support when the
mother, a client, would not terminate the pregnancy. He currently has a $13,000
judgment for back child support with a contempt aspect still pending. He filed for
bankruptcy in 1998. Mr. Johnson clearly does not have the qualifications to be a
judge, much less a practicing attorney.

James Russell has been endorsed by:

• Comercial Appeal
• Shelby County Republican Party
• Shelby County Conservative Republican Club
• Attorney David Caywood
• Attorney Richard Fields

His opponent, Curtis D. Johnson, Jr., has been endorsed by:

• Shelby County Democrat Party

Technorati Tags: Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
James F. Russell,
Curtis Johnson,
Avoiding Unqualified Judges.

We must conform the system to the Constitution, not the constitution to the system.

That is a quote from Larry Parrish, candidate for Circuit Court Judge Division 8, made during an address to the local chapter meeting of the Tennessee Firearms Association on May 17th of this year.

Larry E. Parrish has my unqualified, enthusiastic endorsement.

Parrish has been a federal prosecutor for ten years and has over 75,000 hours of litigation experience. He grew up in Nashville and was active in the state Democratic Party but as time went on he found that people were compromising principals in the name of politics, so he entered into the Judicial system.

Parrish said, “Nothing in our country needs revolutionizing like the judiciary,” as justice and the rule of law have all but disappeared from our trial courtrooms. He said that before he goes into a courtroom an exchange with his client will go like this:

Parrish: OK, we have the facts on our side and we have the law on our side.

Client: So we’re going to win?

Parrish: I have no idea!

Parrish said that the law and facts have become meaningless; it all depends on which judge you get. Some judges rule by personal opinion, ignoring precedent. It is as if “there are 10,000 little kings in black robes“. In fact, Parrish says, some of the most egregious violations of the law come from conservative Christian judges — it’s just the culture.

Worse yet, according to Parrish the appeals process rarely works because appeals courts don’t like to overrule one of their own. In spite of this, Parrish has filed ethics complaints against judges who have ruled in violation of the law. Furthermore, he worked with legislators to formulate legislation aimed at reforming the appeals process. (And after Republicans take a majority in the House, perhaps we can get some of that legislation passed!)

Parrish believes that we need to get back to the time when judges ruled according to the law, even when they believed the law is wrong. He picked D’Army Bailey to run against because Bailey is as far left as you can get and Parrish is as far right as you can get (note: Bailey is running for his fourth 8-year term).

Parrish spoke of other things, like the need to upgrade the technology in our courts and that we must hire good clerks. But Parrish believes that the most important issue is to punish judges who rule in violation of the law.

Oh yeah, did I mention he’s pro-2nd Amendment? The way it was written, that is. You remember, individual right and all that stuff.

Circuit Court Judge Division 8
	D’Army Bailey
	Larry E. Parrish

More on the race from the Memphis Flyer.

Other endorsements for Larry Parrish:

• Shelby County GOP
• Shelby County Coalition of Conservative Republicans
• John Farmer

Those who endorse D’Army Bailey:

• Communist Commercial Appeal (look here at Parrish’s answer to the endorsement)
• The Shelby County Democrat Party
• Lawyer Richard Fields (rumored to be just to the left of Speaker Neifeh)

Causey & Caywood had no recommendation to make on this race.

Technorati Tags: Tennessee Politics,
Tennessee Shelby County Judicial Races of 2006,
Larry E. Parish,
D’Army Bailey,
Replacing Left Wing Activist Judges.

Larry Hensen feels fairly strongly that everyone should be thrown out except William C. Koch, Jr. in the Middle Division of the Court Of Appeals.

TeamGOP has endorsed the candidates researched and chosen by the Tennessee Federation of Republican Women, saying:

“Rank and file Republicans across this state should not be timid about standing by their convictions on this important issue when others may choose to sit on the sidelines,” said Ward. “Judges who use precedent and scholarship to interpret laws and the Constitution deserve our thanks and our support. Those judges who choose to legislate from the bench or let dangerous criminals out of of jail to create more mayhem should be sent home.”

Meanwhile, the TFRW notes that any judge voted out of office will be replaced by Democrat governor Bredesen. According to their website, the TFRW reasoning is driven more by ideology than research, which is not what TeamGOP implies says.

However, I will say that a whole slate of judges appointed by Bredesen is a scary thought, and so I am carrying forward the Tennessee Federation of Republican Women’s recommendation:

Technorati Tags: Tennessee Politics,
Tennessee Court of Appeals, Tennessee Criminal Court of Appeals, Tennessee Supreme Court,
Tennessee Judicial Races of 2006.