Posted on 06/15/2006 7:48:22 AM PDT by SmithL
Confusion over the validity of Knox County's charter spilled over into its courtrooms Wednesday, with one lawyer alleging an appointed General Sessions Court judge shouldn't be allowed to preside over cases.
It's the first direct challenge to a county government action since Chancellor John Weaver tossed out the charter Friday.
In papers filed late Wednesday afternoon, lawyer Gregory P. Isaacs argues that General Sessions Court Judge Jimmy Kyle Davis shouldn't hear cases because he was appointed by County Commission under the authority of the charter.
Weaver tossed out the Knox County Charter on Friday, ruling that it was "incomplete, invalid and ineffective." Weaver said the charter doesn't authorize all county responsibilities, as required by state law, and wasn't filed with the Tennessee secretary of state's office after its passage in 1988.
"Jimmy Kyle was never legally appointed," Isaacs said. "Every case that he's touched is in jeopardy."
County Commission appointed Davis in February to replace Brenda Waggoner, who retired. Davis was defeated in the Republican primary in May by Andrew "Andy" Jackson VI.
In a motion to dismiss DUI charges against two of his clients, Isaacs argues that allowing Davis to hear cases "would violate both the letter and the spirit" of Tennessee court rules.
"Simply put," Isaacs wrote, "an individual required to maintain confidence in our legal system should not be the product of an invalid appointment."
In a memorandum outlining his legal reasoning, Isaacs cites Weaver's decision and expands his argument.
"In addition, every case that Jimmy Kyle Davis presided over in the context of a criminal prosecution is legally defective based upon the fact that each citizen was denied a lawfully appointed judge as specifically mandated by the Tennessee Constitution and Tennessee statute," he wrote.
Weaver's ruling doesn't become final until next month, but Isaacs said in an interview that the judicial system shouldn't take any chances.
"Why would you want to risk all these prosecutions for 30 days?" he asked.
Knox County Law Director Mike Moyers had not seen Isaacs' motion Wednesday afternoon. He said that at first blush, Davis' appointment should stand.
"Under general state law, all county legislative bodies have the authority to appoint replacements to Sessions Court when the office is vacant," Moyers said. "It would have been done whether or not we have a charter."
Knox County's five General Sessions Court judges hear 65,000-70,000 cases each year. The court's jurisdiction includes civil and criminal cases, as well as cases involving violations of county ordinances.
The County Commission is scheduled to meet Monday to consider its legal options regarding Weaver's ruling.
If the decision stands, county officials have said that operating without a charter could invalidate ordinances, jeopardize the pension system and lower the bond rating, which would make it more expensive to borrow money for projects like school construction.
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