Definition
The Tennessee Plan is a merit‑based method for selecting and retaining judges in the state of Tennessee. It combines appointment by the governor from a list of candidates screened by a judicial nominating commission with subsequent retention elections in which voters decide whether the appointed judge should continue to serve.
Overview
Implemented through a constitutional amendment adopted in 1971, the Tennessee Plan applies to appellate courts—specifically the Tennessee Supreme Court, the Court of Appeals, and the Court of Criminal Appeals—as well as to certain trial courts. Candidates who wish to be considered for a judicial vacancy submit applications to a bipartisan Judicial Nominating Commission. The commission reviews qualifications, conducts interviews, and forwards a shortlist (typically three names) to the governor. The governor appoints one individual from this list to fill the vacancy. After serving an initial period (generally two years), the judge faces a retention election, in which the electorate votes “yes” or “no” on the judge’s continued service. If retained, the judge serves a full term of eight years for appellate courts (or four years for trial courts). The process is repeated for subsequent terms.
Etymology / Origin
The term “Tennessee Plan” derives from its origin in the state of Tennessee, where it was formulated as a state‑specific adaptation of the merit‑selection model first popularized by the “Missouri Plan” in the 1940s. Proponents sought to reduce partisan influence in judicial appointments while maintaining democratic accountability through retention ballots.
Characteristics
| Feature | Description |
|---|---|
| Judicial Nominating Commission | A 15‑member body composed of lawyers, lay citizens, and the chief justice of the state supreme court. Membership is balanced between the two major political parties. |
| Application Process | Prospective judges submit written applications; the commission evaluates experience, integrity, temperament, and legal ability. |
| Governor’s Appointment | The governor selects one nominee from the commission’s shortlist; the appointment does not require legislative confirmation. |
| Retention Election | After an initial service period, the judge appears on a statewide ballot with a simple “yes/no” vote; no opposing candidates are listed. |
| Term Lengths | Eight‑year terms for appellate judges; four‑year terms for trial‑court judges, with the possibility of reappointment after retention. |
| Transparency Measures | The commission’s deliberations and candidate questionnaires are made public; retention election results are published by the Secretary of State. |
| Legal Basis | Established by Article VII, Section 6 of the Tennessee Constitution and detailed in state statutes governing judicial selection. |
Related Topics
- Missouri Plan – The original merit‑selection system that inspired the Tennessee Plan.
- Judicial Nominating Commission (Tennessee) – The specific commission responsible for vetting candidates under the Tennessee Plan.
- Retention Election – A ballot process allowing voters to decide whether an appointed judge remains in office.
- Judicial Selection Methods in the United States – Comparative overview of appointment, election, and merit‑based systems across states.
- Tennessee Constitution – The governing document that codifies the Tennessee Plan’s procedures.