The State Election Commission has indicated that the Blount County Commission must pick the successor to General Sessions Judge David Duggan, rather than requiring the matter go to the ballot in November.

"The vacancy will not be on the ballot until 2010," said elections specialist Kathy Summers. "Your county commission will make the appointment."

An attorney for the State Election Commission provided local Administrator of Elections Libby Breeding with a copy of a 1984 State Attorney General's opinion that indicates that the state constitution "prohibits special elections for general sessions judges at any time other than the August biennial elections."

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State: Appoint Duggan's replacement — Election for sessions judge seat ruled out

By Joel Davis
of The Daily Times Staff
Originally published: August 15. 2008 3:01AM
Last modified: August 14. 2008 11:21PM

The Blount County Commission will pick the successor to General Sessions Judge David Duggan rather than putting the office on the ballot in November, according to the State Election Commission.

"The vacancy will not be on the ballot until 2010," said elections specialist Kathy Summers on Thursday. "Your county commission will make the appointment."

An attorney for the State Election Commission provided local Administrator of Elections Libby Breeding with a copy of a 1984 State Attorney General's opinion that indicates that the state constitution "prohibits special elections for general sessions judges at any time other than the August biennial elections."

Blount County Republican Party Chairman Dave Bennett said the opinion shows that the County Commission must make the appointment since the vacancy will occur on Sept. 2.

"It's pretty clear," he said.

When asked about reports that Knox County will be allowing a vote to replace an outgoing general sessions judge during the Nov. 4 election, Summers said she didn't know about that particular situation, but that it could have something to do with Knox County's home rule charter. Calls to the Knox County Election Commission and Law Director's Office for clarification were not returned Thursday.

Earlier in the week, it appeared that the Duggan's 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 the Aug. 7 general election.

Breeding had asked for legal advice from the state 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."

According to the opinion, this is trumped by Article 7, Section 5, of the Tennessee State Constitution, which includes the follow text:

"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."

Duggan will take office on Sept. 2.

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.