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Article published May 24, 2008 Meares campaign reacts to local rules controversy
By Joel Davis of The Daily Times Staff
The Meares campaign is pushing back.
Richard F. Cox, chairman of Committee to Elect Judge Meares, took on questions about Circuit Court Judge Mike Meares' desire to change local court rules in a Thursday press release.
"Any action taken by an office-holder in an election year will be labeled as 'political' by his or her opponents," Cox said. "This is par for the course in today's political arena. As a sitting Blount County judge, Mike Meares has an obligation to do his job and take care of the business of the court whether or not it hurts or interferes with his election campaign. Do we really expect or want our elected officials to stop performing their duties during an election season?
"Judge Meares' request for a local court rule change was meant to accomplish one thing: to give the people of Blount County fair and potentially faster access to the courts. Rather than simply 'cherry picking' additional cases, as was suggested by another local judge, he wants an objective and systematic process for assigning cases from one judge to another."
In an April 11 letter to Blount County Bar Association President Stephen Ogle, Meares asked that the Bar Association form or reconvene a Local Rules Committee to amend the local rules that govern the administration of Circuit Court.
The Bar Association's response to the request, approved at its May 7 meeting, was noncommittal. State law leaves final authority over the rules to the judges themselves. There was some discussion among members of the Bar Association about whether changes to the rules would appear politically motivated, given that Meares is currently running for re-election. He will face General Sessions Judge David Duggan in the August general election.
Cox disagrees.
"(The last rule changes) occurred after the departure of (former Circuit Court Judge) D. Kelly Thomas and before Judge Meares' appointment by the governor to the position of circuit court judge of Division II," Cox said. "Apparently, neither the members of the bar who were aware of the change nor the other sitting judges felt that changing the rules in the absence of a judge in Division II was inappropriate or prohibitively political. Therefore, Judge Meares is baffled as to why those same people should resist a recommendation to change the local court rules again in a way that is intended to provide the people of this county more efficient access to justice."
When contacted on Wednesday, Thomas said that the last revisions to the rules were being worked on prior to his departure.
"We were very close to having the changes that were going to be made to the criminal rules," Thomas said Wednesday. "Then, my name went to the governor for the Court of Criminal Appeals. I just didn't think it would be proper to amend the rules until I found out if I was going to still be the judge in the Fifth District. I thought that whoever the judge was going to be, that should be the judge that ought to be involved in amending the local rules."
Just days after the Bar Association meeting, Meares issued orders for attorneys Melanie Davis, David Black, Rob Goddard, and Stephen Ogle to appear before him on May 10 with "correspondence to or from the Blount County Circuit or Chancery Courts or any of their judges or clerks about Local Rules."
Several of the attorneys involved have commented that the request was unusual, not being connected to any actual case.
"Judge Meares' requested from local attorneys documents pertaining to an earlier recommendation from the Bar Association so he could compare it to actual rule changes implemented in the Blount County courts, which are public record," Cox said. "This is a simple and logical request consistent within his sworn duties as a Blount County judge, and one of his direct responsibilities as a public servant and an officer of the court."
Under the current rules, last amended in April 2007, the judge of Circuit Division I, which is currently W. Dale Young, has primary administrative responsibility for all civil matters. The Division II judge, which is Meares, has primary responsibility for criminal matters. As presiding judge, Young oversees administration of Fifth Judicial District and is the final arbiter of case load and designation of judges to hear cases.
Melanie Davis, one of the attorneys who appeared before Meares, had served on the Rules Committee in 2006. She said on Wednesday that the Bar Association had been asked to review proposed changes.
"We sent over our suggestions and comments in September 2006," she said. "We, the Bar Association, were asked by Judge Young, in a letter, to review and comment on some proposed changes to the local rules, They were about to go up on the Administrative Office of the Court's Web site. The AOC had never done that before and they requested the court update the rules before they went up on the Web site. The court asked us to review and comment. We tried to modernize the rules somewhat. I don't think they were very many substantive changes."
Meares has not yet made any public comment about the nature of the hearing.
"It would be inappropriate for Judge Meares to speak directly to this matter about the local administration of justice given the fact that his fellow Circuit Court judge is ill and not available," Cox said. "Judge Meares will make details available as soon as it is appropriate for him to do so. Please be assured that whatever actions Judge Meares has taken or will take will be made for legitimate purpose and with the public's best interest in mind."