Sat
Aug 9 2014
07:17 pm
By: Bbeanster
I've been talking to attorney friends for two days about Pridemore's election. To say they are worried understates what I'm hearing by about 1000-fold. The guy's not just inexperienced – he's going to be a train wreck.
This court hears all kinds of important cases. Businesses, families and government depend on it to not only do the right thing, but to do justice.
I tried to do my bit to vet him, but I have a little bitty voice, relative to the daily newspaper and the TV stations, and Campfield/Briggs sucked all the air out of the room. Knox County's voters have made a mistake of historic proportions. This one made me sick at my stomach when I heard. And listening to Republican party hacks crow about winning it throws me into relapse.
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What Betty said
Ditto ad infinitum.
Except there was nothing to vet, really - he hasn't been practicing long enough, and he refused to talk to reporters. I did talk to a couple of people who knew him growing up in Harlan, and they all said he's a nice guy who had a possibly rough childhood. But I don't think any more reporting on him would have made a difference - the people that voted for him over Fansler were just voting a straight party line. I reported that he didn't even know what Chancery does - didn't make a difference at all.
But when even Ruthie Kuhlman (albeit somewhat disingenuously) agrees something is wrong? Whoo boy.
Judges should be appointed,
Judges should be appointed, not elected.
And if they ARE elected, it
(in reply to R. Neal)
And if they ARE elected, it should be in non-partisan races.
Yes and yes. Neither way
(in reply to Rachel)
Yes and yes. Neither way eliminates politics or the possibility a completely unqualified person will serve, but it lessens the chance of the latter. For (an exaggerated) example, I totally disagree with a ton of Scalia's opinions, for example, but I do think he's a very intelligent man who understands the law (from his narrow perspective). Hate him or love him, you can't disagree that he's qualified to be where he is.
Of course, with appointees, you can always end up with a Harriet Miers situation ...
Here's what I wrote in
Here's what I wrote in May:
Cutline: Fansler supporters Democrat Dennis Francis and Republican Mike Moyers.
Photo by Betty Bean
Who the heck is Clarence “Eddie” Pridemore?
By Betty Bean
“I know a lot of you’d really like to see me get re-elected,” Chancellor Daryl Fansler told the guests at his campaign reception in the upstairs room at Calhoun’s on the River. “And some of you are afraid I won’t.”
He drew raucous laughter and knowing looks from the big, bipartisan crowd.
Three last words bear repeating. Big. Bipartisan. Crowd.
Once upon a time, Chancery Court was once known as the “Keeper of the King’s conscience,” and over the centuries came to be known as a court of equity that existed to do justice in cases too complex or sensitive for Common Law to handle. Fansler is a Democrat. Many of his strongest supporters are not. But they are very worried about what might happen if an unqualified candidate gets elected to preside over Chancery Court – where there is no jury to sort out the facts – simply because of the R after his name.
Fansler, who practiced law for 15 years before he was elected to Chancery Court 16 years ago, has presided over cases dealing with hugely important issues like the Open Records law, Moody v Hutchison and zero tolerance. He has built a reputation for fairness and diligence without respect to party affiliation.
Don’t believe me? I’ll drop a few names of those who attended Fansler’s reception: Knox County Mayor Tim Burchett, Chancellors John Weaver and Mike Moyers (Fansler’s colleagues), Knox County Sheriff’s Office operative Lee Tramel, Knox County Register of Deeds chief deputy and GOP party activist Nick McBride, attorney Betsey Meadows, former County Commissioner Larry Stephens, Chancellor Telford Forgety of Dandridge, longtime Republicans Patsy and Terry Miller, former party chair, attorney Chad Tindell, Knox County Finance Director Chris Caldwell.
When asked why he was there, Burchett, a deeply conservative former state legislator, said Fansler had helped him with an anti-pornography bill.
“Daryl’s a straight-up guy,” he said. “We better start thinking more about getting good people in office or we’re going to lose our country.”
When asked if he’d be willing to talk about this race on the record, Tindell said, “Do it!”
Then he lit into Fansler’s opponent, Clarence “Eddie” Pridemore, whose candidate profile on the Knoxville Bar Association web site says he is a 1992 graduate of Harlan County High School, a 2004 graduate of the University of Alabama (no major subject specified) and a 2010 graduate of the Nashville School of Law. His past experience listed is working as a research assistant in a Wartburg law firm 2007-2010 and as a solo practitioner in the Pridemore Law Offices. 2011- present. He has never tried a case in Chancery Court and is said to have primarily worked as a private investigator.
“I’ve never heard of him as an attorney, or as a Republican. I just never heard of him at all, and I’m pretty active in the community,” Tindell said.
There were things to vet,
There were things to vet, but it would take knowing who to ask (he hasn't done well in his few cases in circuit court), and where to go – upper East Tennessee, particularly Claiborne County, where I am reliably informed they are laughing out loud at his election.
His legal residence is a house deeded in some other guy's name, and he drives a car with Kentucky tags. His "law offices" appear to be non-existent.
The problem was that no good lawyer in Knox County was willing to run against Fansler, for both ethical and practical reasons (the practical reason, of course, is that it's so risky to run against a sitting judge). Pridemore, who evidently isn't intimately acquainted with ethics, had nothing material to lose because he doesn't practice in Chancery Court.
Ruthie's a tool. Lawyers have
Ruthie's a tool.
Lawyers have been sounding the alarm for months about this. I got this in March, for example:
I had two email exchanges
I had two email exchanges with Pridemore. they were inconsequential, but this was the more interesting:
Dear Betty,
Your sources are incorrect. I have never said anything of the sort. I have no idea what your source is using for the basis for that claim. As for your second question I'm not avoiding talking to anyone. I still have a full time law practice along with my county-wide campaign to run and I have to prioritize. I can't neglect my clients because of the campaign.
Best Regards,
Clarence E. Pridemore Jr.
Attorney-at-Law
On Thu, May 22, 2014 at 11:27 PM, wrote:
Corresponding via email doesn't make for a decent interview, but I'll ask you this question:
The buzz about you this week is that you recently told a group of Republican women, "We need Republican law, not Democrat law."
Are my sources correct? If so, what is "Republican law?" And, for that matter, what is "Democrat law"? If my sources are incorrect, what did you actually mean to say?
Is your strategy not to talk to the media or debate your opponent?
Thanks in advance
Betty Bean
I wondered if the KNS would
I wondered if the KNS would weigh in on this (for the record, they gave Fansler a strong endorsement). They did, in this morning's editorial.
salary
How much does a Chancellor make, anyway?
Some of the most prominent
Some of the most prominent REPUBLICAN attorneys and judges in town were begging for coverage of this guy. If they were talking to me, they were talking to everybody. I'm a pretty small fish.
I doubt that an indignent editorial two days after the election was what they hoped for.
Thinking about this is seriously making me nuts.
Betty, don't be hard on
(in reply to Bbeanster)
Betty, don't be hard on yourself. Everyone thought the guy was a joke and even Republicans would know better than to elect him. You did what you could. And by the way, I think I saw this guy on an episode of Justified.
Well then
The deed's been done, so what's the process for removal before too much damage is done?
Distinguished guests
(in reply to O.W. Holmes)
Distinguished guests tonight.
Unfortunately, it looks like a judge cannot be removed until damage is done:
Good luck getting this Red to the Roots Lege to take out a Red to the Roots judge.
"Everyone knew,
people were just too scared to say anything."
Where have we heard that before?
While damaging to the citizens that will have to deal with it, maybe one day, the members that make up the Knox judicial system will figure out their silence in the face real issues is most damaging to themselves.
We do'nt want know librul jugges arond her'e!
It sounds like voters did something kind of, uh, what's the word--? Oh yeah: stupid.
I believe he'll be sworn in on September 1 regardless
I'd suggest the local bar association get over it, none of their crowd would step up and run in the Republican primary or the general, there is reputational risk, but hopefully this is a wake up call to the local bar association and to the local political parties that you should run and field a competent candidate in every election, the primary and the general election, to avoid what they perceive as unqualified candidates being elected. There are no more Democratic judges in Knox County, period.
Lawyers don't like unknowns, they like a degree of familiarity and predictability, hell they stand up and ask judges to decide a case the way a dispute was decided as precedent in a case 20 years ago rather that decide cases on how they ought to be decided in reality rather than legality. Pridemore may end up being a decent judge over time, most judges in Knox County are better judges than they were lawyers, that's why they ended up having time to run for a judgeship and ended up as judges anyway.
I get the impression that the community is flat out embarrassed that our politics and process could elect a guy almost 3 years out of the Nashville Night Law School (not UT, not Vanderbilt, not Georgetown, Yale, or Harvard, but a part time program) over a well respected incumbent Chancellor who has presided over a number of important and very difficult legal disputes. But nobody else wanted to take a shot at it and in that regard, I'm prone to give Mr. Pridemore the opportunity to do what he can to prepare himself for his new role.
The KNS did a quick attempt at a hatchet job on a number of judicial candidates that had IRS obligations well documented or had judgments down against them. Not exactly the indepth analysis that you would want to do if you were a competent and professional journalistic property. Tax problems, financial problems, judgments or liens are like hemrroids, sooner or later every arse whole will get one or two. Rather than doing a drive by, the KNS should have done their job and written articles (not editorials or endorsements)looked at the background, practice, or recent cases about the candidates and include basic detail regarding the candidates, their qualifications, their record, not just point out the low hanging fruit and consider it a done deal. The first amendment privilege expects more from a journalist. Here is where a newspaper was quite asleep at the switch, much more focused on shaping the news and the political debate rather than concerned about doing their job.
The election of Ailor over Wimberly is only slightly different than the election of Pridemore. Ailor does have considerably more experience, but Wimberly was an early Ned Ray McWhorter appointee to replace longtime Circuit Court Judge T. Edward Cole in the late 80's. But for the party affiliation, Ailor would not ordinarily be expected to win over a 27 year veteran of the legal combat and warfare commonly called circuit court. In my opinion, Wimberly probably should have retired with Workman and Rosenbalm, but he didn't and the slapped togather hitched up campaign he quickly slung togather once he saw Republican avalanche coming out in the Briggs - Campfield contest probably kept him from getting beat by 20,000 votes, but he did get popped by 10,000 votes by another Nashville Night Law School alumni. Ailor has been around the courthouse and around the legal profession a long time, and should have the temperment, talent, but not the immediate experience to become a very successful and competent trial judge here in Knox County.
Wimberly and Fansler should both retire this month, take senior status and help Kerry Blackwood with the tough cases and the unpopular roles deciding case that other judges in and around East Tennessee don't want to decide.
Appointment of judges usually gets a more experienced person into the role as a judge, perhaps a person with more familiarity and predictability, maybe a better disposition to decide legal disputes, but if it involves a pay cut, a number of competent and very qualified candidates will not apply.
So blame the KNS, they didn't do their job, by as the lawyers say, KNS being asleep at the switch wasn't the proximate cause of Pridemore's election, Pridemore somehow garnered 7,000 more votes that a very well respected jurist and all around good guy, the local bar association and parties didn't ensure qualified candidates were fielded and actively campaining in the primary and general elections.
I'm inclined to give these new judges (including those elected in the primary and appointed by the governor) and opportunity to get up to speed and provide solid and well reasoned decision making to the legal disputes they are asked to decide.
I think the only remaining
(in reply to Roscoe Persimmon)
I think the only remaining gig as a senior judge is being pursued by another who likely has dibs. Wimberly doesn't need the money and Daryl can practice law with the best of them for a few more years, maybe back with Stokes.
I get the impression that the
No. The community is flat out embarrassed that a guy who didn't bother to tell people outside of a couple of Republican clubs who he is or what he's about, who didn't attend a single forum, debate or public event could get elected. There's a reason you're not hearing the same outcry about Ailor as Pridemore. And whatever you are "prone" to "give" Mr. Pridemore matters no more than my wish that somebody'd drop him in the Sargasso Sea. He's there, thumbing his nose at all the dumbasses who voted for him without knowing one thing about him except his political affiliation, and there's nothing anybody can do about it until he does damage that cannot be undone.
And the fact that he looks like a groundhog has nothing to do with my objections.
I'd say his Court will get a
(in reply to Bbeanster)
I'd say his Court will get a lot of attention, at least early on. And it should get scrutiny as well. If he gets too far afield, he'll likely face some judicial ethics issues, like former Judge Bell over in Newport. But despite trying hard to get rid of him, John Bell withstood every ethics-based attack by political opponents and the Court of Judiciary and wound up getting beat in a GOP primary.
'The community is flat out embarrassed '
(in reply to Bbeanster)
Do you have them all over in your living room or something ? Seems like we just had an election.
Wrong all along.
(in reply to Turd Burglar)
Seems like we just had an election.
We sure did. And it proved that I've been wrong all along: There really aren't many Republicans who actually care about our judicial system at all. Not to say that there aren't decent R's around (Mayor Tim, Tony Norman, and a few others), but this election proved that by and large, run-of-the-mill red-to-the-roots voters really are a bunch of idiots. And all they care about, by and large, at least until they have a case before Pridemore, is that they elected a Republican.
The Palin Analysis
(in reply to knoxrebel)
Actually Pridemore was fully vetted and passed 80% of the Palin Analysis.
1) Pulse? - yes
2) 'R'? - yes
3) Above ambient temperature? - yes
4) Vertical? - yes
5) Looker? -
Elitist! Elitist! Class warfare!
(in reply to knoxrebel)
...run-of-the-mill red-to-the-roots voters really are a bunch of idiots.
Are you calling the vast majority of voters idiots?? Now you'll be sorry.
Not a groundhog
(in reply to Bbeanster)
And the fact that he looks like a groundhog has nothing to do with my objections.
Betty, what a horrible thing to say. You are wrong again. My wife and I both say definitely a chipmunk, not a groundhog. But then again, people used to say I looked a lot like Pete Rose, and that may be worse than either.
If
(in reply to Bbeanster)
you're not hearing the same outcry about Ailor, you haven't talked to enough lawyers.
C'mon, I've talked to dozens
(in reply to cwg)
C'mon, I've talked to dozens of lawyers - Republican lawyers and Democrat lawyers - and most have said Ailor, who has been practicing law for nearly a quarter of a century, is many steps above Pridemore. Pridemore is a joke. Ailor may not be an intellectual or have a great legal reputation, but he's at least experienced.
I think Ailor is qualified to
(in reply to cwg)
I think Ailor is qualified to be a judge, in the most basic sense. I say this based on what other lawyers in civil practice - who supported Wimberly - acknowledged to me. But he will never be in Wimberly's league.
But he is a greedy opportunist for riding the Republican wave against Wimberly, a popular and erudite jurist who didn't deserve to be unseated in the twilight of a long and distinguished career. It was a cynical, undignified move on Ailor's part, and it made me lose respect for him.
There are concerns about
There are concerns about Ailor, for sure.
But nowhere near the consternation that Pridemore stirs.
Fansler's opening line from his standard stump speech (“I know a lot of you’d really like to see me get re-elected,” Chancellor Daryl Fansler told the guests at his campaign reception in the upstairs room at Calhoun’s on the River. “And some of you are afraid I won’t.") was no exaggeration. Lawyers are scared of this guy.
I've talked to a bunch of them who are desperately trying to figure out how to get their cases out of Division II.
A very snarky but brilliant attorney
A very snarky, but brilliant attorney friend of mine once said "Lawyers become judges so they can make the other 90% of their law school class look good." Clearly, that's not always true, and certainly isn't in Fansler's and Wimberly's cases, but it sounds like it might apply to our two judges-elect.
On another note, Fansler heard a case in December in which I have a kern interest and which he has yet to issue an opinion on. Does anyone know if he'll do so before he leaves office? The terrible news is that if he doesn't rule for dismissal it will fall in Pridemore's hands.
If Fansler doesn't, I guess
(in reply to Knoxgal)
If Fansler doesn't, I guess Moyers or Weaver will. Pridemore needs a few months to figure out what Chancery Court is for.
It is my understanding that
(in reply to Knoxgal)
It is my understanding that Fansler is going to work as hard as he can to wind up unfinished cases that he's already heard proof on. That's going to be about all that's on his plate. Worst case scenarios: If he heard evidence, and there are transcripts, the new Chancellor assigned to the case can use those to issue an opinion. However, if the testimony cannot be transcribed, that's a problem, and may require another hearing or trial.
Thanks
(in reply to knoxrebel)
What determines whether or not testimony can be transcribed?
Whether or not the parties
(in reply to Knoxgal)
Whether or not the parties hired a court reporter. It's optional in civil court.
Thanks
(in reply to Knoxoasis)
This is a case between Lamar Advertising (deep pockets) and the City of Knoxville. Do you think that makes it more likely they did?
Yes, I'd say it's very likely
Yes, I'd say it's very likely they did.
If it's a commercial case, as
(in reply to Knoxoasis)
If it's a commercial case, as opposed to one involving individuals who may or may not have the resources to pay for court reporter per diem and transcript costs, it is highly unlikely the lawyers didn't secure a court reporter. That is the only real way to preserve issues on appeal (especially objections to testimony or exhibits) without disputes about whether the objections were even made. Lawyers for Lamar and the City would not have risked that and would have had a court reporter present.
Thanks to you and Knoxoasis
(in reply to knoxrebel)
Thanks to you and Knoxoasis and Hildegarde for the legal education. Much appreciated
Concerning the opportunity we
Concerning the opportunity we have starting today to finally get rid of Eddie Pridemore, the advice I'm getting from local attorneys on *both* sides of the political aisle (there is no Democrat in this race) is to vote R. Deno Cole, background here:
(link...)
P.S.--As you may be aware,
P.S.--As you may be aware, *neither* of Cole's opponents in this race--not Eddie Pridemore and not Bud Armstrong--even graduated from an ABA-accredited law school.
Both Pridemore and Armstrong are alums of the Nashville School of Law (formerly known as the YMCA Night School of Law). That wasn't mentioned in the above convo dating back to 2014.
I planned to vote today along
(in reply to Tamara Shepherd)
I planned to vote today along with my wife but we decided to think about it and wait another day or two. It is sad that we have so little choice.We try to be conscientious and make our vote count. We live in the 8th district.
I know many times the best cause is a lost cause and I admire people that are passionate about good causes. The problem is do you vote for some one on principle, even if they stand little chance of winning or do you vote in another primary where your vote could help stop an incompetent candidate from winning and causing lots of harm?
Based on a conversation I had today,
(in reply to Mike Daugherty)
Officials are concerned that there won't be enough voters in the Democratic primary. If you want your vote to have disproportionate power, vote Democratic.
Ok...u got my vote.
(in reply to fischbobber)
Ok...u got my vote....and hopefully between now and August the supporter of the Proud Boys and the anti mask and anti vax hero will fall from grace. He definately shares the blame for lots of suffering and deaths. Let's pray that he goes from the penthouse to the outhouse and sensible voters send him packing.
Bob, we haven't talked in a
(in reply to fischbobber)
Bob, we haven't talked in a while, so I want to thank you for putting yourself out there. It's very hard work and--especially in a contested primary--may offer no reward at all.
Democrats need choices on the ballot and we are in your debt.
I feel your pain, Mike.
(in reply to Mike Daugherty)
I feel your pain, Mike.
Here's what that Repub sample ballot looks like:
34 races
33 of those with Repubs running
10 of those competitive Repub races
6 of those competitive Repub races open to me
And here's what that Dem sample ballot looks like:
34 races
12 of those with Dems running
2 of those competitive Dem races
1 of those a competitive race open to me
My choices are to impact 6 competitive races or one competitive race, sigh.
Yep, Tamara I respect your
(in reply to Tamara Shepherd)
Yep, Tamara I respect your reasoning and I cannot argue with you and if I had voted today, that probably would have been my reasoning. Of course, that is why I waited and wanted to think about my decision. A smidge of my reasoning is that the powers that be in the Republucan party will probably have too much influence to overcome in the Republican primary. The main reason for my decision is i think Bob is so much better than Jacobs and I'm going to feel guilty if I am not loyal. Also,
I have already committed and cannot change now.
Thanks
(in reply to Mike Daugherty)
I feel that my decision to just go plow ahead as a one man show, now that my time is taken up by events, was not a wise one. I've learned a lot about how I would want to set an organization up, but this whole process has been a new and illuminating experience.
I'm planning on going fishing May 4th.
I am voting tomorrow. My wife
(in reply to Tamara Shepherd)
I am voting tomorrow. My wife and several family members have agreed with your logic and will be voting in the Republican primary. Which Republican candidates are the lesser evils besides Cole and Sheriff?
The Republican Party does not deserve to win elections.
I voted with my wife and nephew in the Democratic primary. We will continue to pray for all the decent misguided Republican voters and pray they will some day see the light. Until the Republican Party changes its mindless, evil, and racist agenda and Republican voters and candidates soundly reject Trump and the Proud Boys and Qanon and all the hate and lies that they push, none of their candidates deserve a vote from any voter.
Well, not a lot of surprises
Well, not a lot of surprises Tuesday. Spangler wins easily. Hunley's boy Armstrong wins over Pridemore and Cole. Seems Steve Hunley's influence in local politics is still very noticeable. Since his one term on the School Board Humley's role in local elections has been impressive.