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VOL. 45 | NO. 50 | Friday, December 10, 2021

Tennessee panel names 3 finalists for state high court seat

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NASHVILLE (AP) — A Tennessee panel picked three finalists Thursday for a state Supreme Court opening: two intermediate appeals court judges and a high-level lawyer in the attorney general's office.

The Governor's Council for Judicial Appointments voted to send Republican Gov. Bill Lee the names of Tennessee Associate Solicitor General Sarah Campbell and state Court of Appeals judges Kristi Davis and William Neal McBrayer. Eleven candidates applied for the opening, though two dropped out of the running before interviews took place Wednesday and Thursday.

There's no firm timeline on when Lee will make his selection. Afterward, the nominee also faces confirmation by state lawmakers.

The seat was left vacant by the death of Justice Cornelia Clark in September at the age of 71. She had been diagnosed with cancer.

Clark was appointed by former Democratic Gov. Phil Bredesen. All the remaining justices but one — Sharon Lee — were appointees of former Republican Gov. Bill Haslam, signaling a likely shift further rightward for the court with the upcoming appointment by Gov. Lee.

Davis, 48, has served on the Court of Appeals since August 2020, after an appointment by Gov. Lee. The Court of Appeals deals with civil cases, and there is a counterpart intermediate Court of Criminal Appeals. Davis previously spent about six years as a Knox County Circuit Court judge.

Davis said she initially intended to practice criminal law, including an internship with the U.S. attorney's office and time as a law clerk for a judge on the state Court of Criminal Appeals. But she ultimately moved to a law firm focused on civil law that got her into the courtroom for cases.

Campbell, 39, the associate solicitor general and special assistant to the state attorney general, joined the attorney general's office in 2015, and has represented the state on appeals ranging from abortion laws to absentee ballots. She previously had stints as a law clerk for U.S. Supreme Court Justice Samuel Alito and for Judge William Pryor on the 11th U.S. Circuit Court of Appeals.

During her interview, Campbell told the panel there would be an "adjustment period" going from an advocate for the state's positions to a neutral judge, but she said she thinks it would only take a short time to adapt, citing her previous judicial clerkships.

McBrayer, 58, has served as a judge on the Tennessee Court of Appeals since May 2014. He was appointed to the position by Haslam.

McBrayer who was in private practice for two decades, dealing with insurance and then bankruptcy cases. When panel members asked about his lack of expertise with criminal law, he said that no one can be familiar with all areas of the law and that judges always have to research whatever subject is before them.

On Wednesday, state Attorney General Herbert Slatery's top deputy dropped out of contention for a state Supreme Court opening and instead joined Lee's gubernatorial office as his chief legal counsel.

Jonathan Skrmetti, most recently the chief deputy attorney general, had also served as an assistant U.S. attorney in Memphis. Skrmetti replaces Lang Wiseman in the governor's office.

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Travis Loller in Nashville contributed to this report.

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