Caldwell Hancock 
Member since Mar 18, 2011


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Re: “Is the Supreme Court Making Its Own Laws?

You are just scratching the surface.

the TN Constitution of 1870 (the one we had to approve in order to get back into the Union and avoid being a federal territory) changed the Supreme Court from the original that was created by the General Assembly and staffed as the creator desired.

The 1870 version directly creates our Judicial Department and Supreme Court. It leaves the creation of all lower courts up to the General Assembly and as we know the GA puts judges up for popular contested election, but has allowed the Court of Appeals and Court of Criminal Appeals to be staffed by this appointment/retention vote charade.

The Reguli decision by the Court of Appeals is nothing but hot air on paper. Why? Because it is an opinion by the Court of Appeals interpreting and applying a rule of the Tennessee Supreme Court to make it fit an exemption. Hells bells, the Supreme Court has said time and time again that it and only it can make its rules and it and only it can interpret them. So the COAP opinion is just an advisory opinion not law in anybody's book.

What is important is that the Supreme Court has set itself up as a tyrannical body not answerable to anyone except those who vote in its "retention" elections. Connie Clark tells us that only the Supreme Court can establish the Board of Professional Responsibility - the lawyer police - and write the rules that det3ermine what lawyers get the thumbs up and those who get the thumb down. Amazingly, they say the same thing about the policing of judges, but then they "let" the General Assembly create and fund something called the Board of Law Examiners and the Board of Judicial Conduct, formerly known as the Court of the Judiciary. Yep, its their own court/board and it operates in secret.

Where does the Supreme Court get the money it takes to run its operations in three state owned courthouses in Jackson, Nashville and Knoxville and its Boards of Professional Responsibility and Judicial Conduct - one or both of which will not tell us what Chief Justice Gary Wade (a good guy in my estimation) is accused of having done that got him "warned." A private warning is one step short of a public admonition and that is the last step. We cant impeach judges. Only the General Assembly can do so. Betcha if the GA tried to impeach a Supreme Court Justice for anything short of conviction of a felony the Court would declare that the GA is not empowered to do so.

I have unintentionally been thrown into the cadre of angry lawyers who find themselves having to test the make it up as you go rules and interpretations that they use to control even the State Treasurer.

Funny, the GA decided tomorrow could vote to simply turn of the lights at the Supreme Court and put them on the pine for awhile by not funding their costs. But that would not stop the Court because it proclaims - like any serious Emperor would do - that it will simply charge those costs to the lawyers in dues and fees and instead of turning over those funds to the Treasurer, set up its own bank accounts.

I'm told that the Supremes take lawyer dues and fines and give them to the State Treasurer to bank, but they are by Supreme Court instruction to be kept separate from other public funds and if and when the Supreme Court orders the Treasurer to do so, he spends those dollars on the bills and payrolls that the Supreme Court tells him to.

Are you getting a whiff?

1 like, 4 dislikes
Posted by Caldwell Hancock on 05/16/2014 at 3:34 PM

Re: “Meet Caldwell Hancock

PS: three lawyer panel acquits Mr. Hancock of all allegations of overbilling and of making unjustified statements criticizing lawyers James Kelley and allegedly "respected" bankruptcy lawyer Bob Mendes dgh ouemonstrating that his unintentionally published comment about Mendes was entirely ethically appropriate.

The Scene apologizes to Mr. Hancock and all readers offended by the piece; I offer my own personal apology as well and accept responsibility for the error.” The Editor

1 like, 3 dislikes
Posted by Caldwell Hancock on 03/17/2012 at 8:39 PM

Re: “Black Out

One must never lose sight of the fact that Belle Meade is not a place, it is a state of mind.

Posted by Caldwell Hancock on 03/18/2011 at 11:54 AM

Re: “Cammack: 'I'm Not Going to Quit' Belle Meade Country Club

would you tea leaf readers be more satisfied if he quit BMCC and joined Hillwood CC just a couple of miles away and across the tracks (literally)?- Ward once lived on the fourth tee at Hillwood, a club that has NO black members, yet at least one sitting judge (D), one Metro Council member(D turned R), counsel to the Metro Council (D), the former House Majority Leader (D), etc.?

Posted by Caldwell Hancock on 03/18/2011 at 11:34 AM

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