Page 110 - Cityview_July_August_2014

politics: Justice is Not For Sale

this august, tennessee vot-
capital punishment. april’s overwhelm-

ers will decide whether or not to ing vote in the general assembly to
erode those safeguards when they bring back the electric chair—68 to 13 in

choose whether to retain Chief the house and 23 to 3 in ramsey’s sen-
Justice gary Wade, Justice Corne- ate—demonstrates the political consen-

lia Clark, and Justice sharon lee
sus that state public opinion remains
to the state’s supreme Court, all of firmly in the pro-capital-punishment

whom are reaching the end of their camp. Most importantly, the last time

eight-year terms. With one boot in tennesseans voted to recall a supreme
the general assembly and one boot Court Justice, Penny White in 1996, the

in the executive branch, lieuten- charge used to defeat her was that she
ant governor ron ramsey hopes
was weak on the death penalty. histori-

to spearhead a “no” vote against all cally, therefore, ramsey’s accusation is

three judges. outside groups such as an election winner.
the republican attorneys general one reason that tennesseans may

association (raga) and (possibly) have to be “educated” about the record
americans for Prosperity (aiP)—a of the current justices, however, is that

self-described political group that without ramsey’s bullhorn no high-
advocates for “the principles of profile incendiary decisions will moti-

entrepreneurship and fiscal and vate voters. instead, evidence proving

regulatory restraint”—have posi- the current court has been neglectful of
tioned themselves behind ramsey’s the death penalty is weak and resting

electoral thrust.
on only two cases:
as recently as March of this year,
leonard edward smith—convicted

the state’s Judicial Performance evalu- in 1984 of murdering a store clerk. in

ation Commission (JPeC) recom- 2011 the court affirmed smith’s con-
mended that tennessee retain all three viction but granted him a sentencing

of the targeted justices—two of them appeal because a judge in his original
unanimously (Wade and lee). given a The Case for trial had previously prosecuted smith

majority of the members of JPeC were the Prosecution
for burglary. Prosecutors subsequently

hand-picked by ramsey himself and Cityview wanted to provide ramsey struck a deal with smith in which
beth harwell, the republican speaker with an opportunity to illuminate his rea- they dropped the death penalty in

of the tennessee house, the sudden sons for opposing retention of the three exchange for smith’s agreeing to serve
pivot by party forces to oust Wade, justices and his role in the campaign to a life sentence.

Clark, and lee appears at first blush unseat them, but the lieutenant governor arthur Copeland—convicted in 1998
inscrutable. Why would ramsey and a declined to speak on the record. he did, for gunning down a man in hopes of

political group whose major interest is however, respond in writing to a few of receiving a $10,000 reward offered for

business regulation and tax policy want the questions posed by Cityview. ramsey the hit. the court granted Copeland a
the scalps of these widely respected describes his efforts as educational, but new trial because of errors in the original

justices? Why would a national organi- he is clearly advocating the removal of but also overruled an appellate court’s
zation of attorneys general take aim at Justices Wade, Clark, and lee: “My long- judgment that the death penalty was

three state office holders?
standing interest in judicial reform issues disproportional. nevertheless, prosecu-

understanding the motives behind
has led me to oppose the retention of the tors declined to reinstate it, and Cope-
the ramsey power play requires delving current supreme Court. this court has land was sentenced to 14 years, including

into tennessee politics more so than been weak on crime and unserious about time already served. two years after his
court cases. regardless of the purported imposing the death penalty.”
release in 2011, Copeland’s girlfriend

reasons for negative ads to “educate” vol- Whether or not his stated reasons are charged him with rape. although his

unteer state voters, the main ambition
genuine, death-penalty opposition is the 2013 mugshot would look none too
of this campaign will be consolidation of go-to justification when calling for a ten- savory in an attack ad, the fact remains

power for one party, the goP, and—indi- nessee judge’s replacement. as a right-of- that the rape charge was dismissed.
rectly—one man: lieutenant governor center electorate, tennesseans are more smith and Copeland are thin gruel

ron ramsey.
likely than the national public to support
because since 2006 the current ten-

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cityviewmag.com july august 2014