Local court rules become issue in race for judgeship

By Joel Davis
of The Daily Times Staff

Circuit Court Judge Mike Meares' desire to change local rules to allow him to hear more civil cases has been a subject of much discussion in the Blount County legal community.

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.

"Rather than approach the long standing division between the civil and criminal dockets on an ad hoc basis, I would hope that the bar could assist the court in amending the local rules to provide for a simple systematic approach to this matter," Meares wrote. "Perhaps all that is needed would be an amendment allowing counsel set for trial in Division I or Chancery to submit an agreed order for a hearing by interchange in Division II when their clients' second, third or fourth trial setting in the other court division appeared to be destined for a continuance."

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.

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.

"The assignment of cases among judges and the promulgation of local rules of practice are the province of the local trial court judges; however, the bar would appreciate the opportunity to review and to comment upon any amendments to the local rules that the trial judges propose prior to adoption, as set forth in Rule 18(a) of the Rules of the Supreme Court of Tennessee," Ogle wrote in an April 24 response to Meares.

Melanie Davis, who served on the Rules Committee in 2006, said that members of the Bar Association were concerned about the timing of the request, given that Meares is currently campaigning for re-election. He will face General Sessions Judge David Duggan in the August general election.

"Judge Meares wanted to revise the rules to allow him to hear more civil cases," she said. "There was discussion at the bar meeting about whether that was appropriate for the local Rules Committee to be reconvened and draft changes at one judge's request or if we should wait and consider the issue later after the election.

"The local rules are not supposed to be political. If we changed them at this time, it would create that appearance. It's never been the role of the Bar Association to take a position in a political race. We stay neutral. In the past, requests to review the local rules have come with the blessings of the two judges and chancellor. This just came from a singe judge during the months preceding an election. The timing of it just made everyone feel uncomfortable."

Just days after the Bar Association meeting on May 7, Meares issued orders for Davis and three other local attorneys to appear before him with "correspondence to or from the Blount County Circuit or Chancery Courts or any of their judges or clerks about Local Rules."

On May 10, Meares ordered Davis, Ogle and attorneys David Black and Robert N. Goddard to appear in his courtroom at 8 a.m. on Monday, May 12.

Davis said the order was unusual "because it is not attached to a case or a pending matter. I've never seen that before. I've been practicing law since 1996. It was served on me at my home at 10 p.m. (on Saturday, May 10)."

When lawyers require someone to appear in court, they generally have to give them at least five days notice, Davis said.

Meares has offered no explanation for the orders. Last week, he said he wasn't ready to comment until he reviewed the materials. He could not be reached for comment on Wednesday.

Goddard said Wednesday that he has received no further contact from Meares about the matter.

Meares' desire to hear civil cases has apparently become a campaign issue. In an April 27 letter to the editor published in The Daily Times, Judge Young wrote: "This writer has agreed time after time after time for Judge Meares to hear all the civil cases he would like to hear. My impression was that he wanted civil jury trial experience to enhance his judicial qualifications. He even made a list of the civil jury cases he wanted to hear. That was in 2007.

"To my knowledge, he has not heard one single case nor has he docketed any of those cases for trial. It is totally false that Judge Meares is now offering to assist in the civil area. His former 'offer of assistance' was all talk and absolutely no action."

Young, who has been suffering from pneumonia, was not available for comment Wednesday.

Court of Criminal Appeals Judge D. Kelly Thomas, Meares' predecessor, said that during his time in the office, he and Young divided cases by agreement.

"Judge Young and I divided the docket by agreement," he said. "I heard quite a few civil cases. I heard the vast majority of the criminal, almost all, and he heard all of the civil jury trials. I presided over one civil jury trial. We divided the non-jury civil cases, and that came through by agreement."

The local rules were being amended while Thomas was still in office in Blount County, but Thomas said he had stepped back from issuing any revised criminal rules when he was nominated for his current position, to give that opportunity to his successor.