thedailytimes.com : Your 24/7 news source

There's a possibility that voters — not Blount County Commission — will pick the successor to General Sessions Judge David Duggan.

County Commission's plan to appoint Duggan's successor may be premature as his leaving office could fall within an ambiguous statutory time-frame that would require the seat to be put on the ballot in November.

Duggan is vacating his seat after winning the Circuit Court judge Division II seat in last Thursday's general election.

Administrator of Elections Libby Breeding has asked for legal advice from the state of Tennessee regarding Tennessee Code Annotated 5-1-104(b)(2), which reads:

"If the vacancy occurs less than 60 days before the August election but 60 days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election."

Duggan will take office on Sept. 2 (Labor Day falls on Sept. 1), which is 63 days before the Nov. 4 election. Breeding said she has asked for clarification.

"I sent an e-mail to the attorney at the state because the days are really short in there and it depends on when he is sworn in and all that type of information," Breeding said. "That was Tuesday morning, and I have not heard back from her."

The statute is confusing, she said.

"It's real tricky in there," Breeding said. "That was some of the questions I've posed to them -- When will I have to have my notice of election in the paper, when would be the qualifying deadline and that type of information."

When asked if the Blount County Democratic Party would select a candidate, Chairman Dave Finch declined to comment.

His opposite number, Dave Bennett, county finance director and Republican Party chair, said he knew that Breeding had asked for legal advice, but he felt that, in this situation, the state constitution held the answer.

"I look forward to hearing that advice, but it's pretty clear to me what the constitution says about the election of the judge," he said. "The constitution trumps anything else."

Bennett quoted Article 7, Section 5, of the Tennessee State Constitution:

"Elections for Judicial and other civil officers shall be held ... on the first Thursday in August next preceding the expiration of their respective terms of service."

Section 5, however, also includes this text:

"No special election shall be held to fill a vacancy in the office of Judge or District Attorney, but at the time herein fixed for the biennial election of civil officers; and such vacancy shall be filled at the next Biennial election recurring more than thirty days after the vacancy occurs."

Previously, County Commission Chairman Robert Ramsey and Vice Chairman both said that the Blount County Commission would discuss naming a replacement for Duggan at its September meeting.

Duggan beat out current Circuit Judge Michael H. Meares, who was appointed to the post by Gov. Phil Bredesen after previous Judge D. Kelly Thomas was appointed to the Tennessee Court of Criminal Appeals.