BusinessTN

Between the September departure of former Tennessee Attorney General Paul Summers and the October appointment of new AG Bob Cooper Jr., Tennessee’s acting AG was Solicitor General Michael Moore, an accomplished but largely unknown lawyer in the public eye. So unknown, in fact, that state Senator Rosalind Kurita (D-Clarksville), a proponent for change in the state’s method for AG selection, was motivated to issue a press release stating, “I would bet that very few Tennesseans have ever heard of Michael Moore. They might think he produces liberal documentaries.”

Tennessee is the only state where the AG is appointed by the Supreme Court (from lists determined by the Tennessee Judicial Commission, an obscure committee of 14 lawyers and three non-lawyers prominently featured in this month’s cover story). Hence, state Rep. Brian Kelsey (R-Germantown) has described Tennessee’s AG as being “twice removed” from accountability to the people of Tennessee.

By comparison, 43 other states elect their AG. Kurita, Kelsey and some other lawmakers have recently been urging their colleagues in the General Assembly to pass a constitutional amendment making the AG an elective office in Tennessee, as well.

On balance, the state’s legal community—comprised of many of the most politically active and partisan Tennesseans—is not clamoring for change. Nor are a majority of state lawmakers of either political persuasion. To borrow a phrase, the general feeling across Tennessee seems to be “if it ain’t broke, don’t fix it.”

The acronym of the National Association of Attorneys General is NAAG. Within that fraternity, the running joke is that NAAG actually stands for “National Association of Aspiring Governors.” This past November, voters in New York offered the latest proof that the office of AG can serve as a launching pad for governors when they elected high-profile former New York AG Eliot Spitzer as the state’s new chief executive.

There’s little question that enormous political forces drive popularly elected AGs like Spitzer—as do polls—neither of which have anything to do with the execution of the office. That’s not to argue that there is malicious intent. It’s just that politicians by definition have political survival as a part of their agenda—in addition to doing their jobs.

In grappling with the issue here in Tennessee, lawmakers must consider the downsides of having an AG calculating political outcomes in making the state’s legal decisions. Or one who is easily subjected to the whims of the issue du jour. Why aren’t other states following us? Because party politics won’t allow it.

Cooper, a brilliant attorney who most recently served as the Governor’s legal counsel, will no doubt make a great AG. But with all due respects to the un-telegenic Mr. Cooper, he couldn’t be elected dog catcher in Belle Meade in this age of 30-second commercial-driven political elections. He is perhaps the best proof that Tennessee’s system is fine just the way it is.