August 8, 2000

Mr. Rex Lynch
County Executive
Anderson County Courthouse
Clinton Tn. 37716

Re: Ethics Opinion 98-5, Tennessee Court of the Judiciary

Dear Mr. Lynch,

Please find enclosed certain correspondence dated July 27 and August 3, 2000, between this office and Judge Hess which Judge Hess has chosen to make public. I had sought to reach agreement, but as you can see the Juvenile Judge prefers to maintain the status quo with regard to this ethics question.

The unresolved issues presented in Ethics Opinion No. 98-5 are two-fold: First, there is an "appearance of impropriety" in the failure of impartiality arising from the Judge's supervision of Juvenile Probation Officers who prosecute youthful offenders in her court and secondly, there is a violation of the fundamental constitutional principle of "Separation of Powers," in that the Judge is found to be administering an enforcement program held to belong in the executive branch, not the judicial. These issues call into question my oath of office, and the Judge's.

I do not know whether your office is prepared to sponsor a juvenile probation agency as suggested by the Court of the Judiciary, but now that Judge Hess has decided to put the issue before the Anderson County Commission I would like to ask you what your position is. Does the office of County Executive have the capacity and the interest to pursue the suggestion offered by the Court of the Judiciary in Ethics Opinion 98-5, to wit:

It is this Committee's opinion that the better practice would be to allow the executive branch to employ, supervise, and operate each county's probation program.

We know that the juvenile judge does not share this view. However, this office cannot in good conscience continue unabatedly to be complicit in what is clearly an ongoing ethical and constitutional impropriety. See Judge Andy Bennett's rationale, contained in his request which is attached to my enclosed July 27 letter to Judge Hess.

Rest assured that this office considers juvenile law to be critically important to the administration of justice, but under Tennessee law we have no mandatory duty to participate indiscriminately (we do have express pre-emptive authority as explained at AG Opinion No. U96-044, attached). I would much rather remedy the ethics situation through accommodation in the executive branch than to withdraw from participation in juvenile matters altogether because of improper practices which compromise our overriding duties under EC 7-13, respecting fairness.

What is your position? Your kind cooperation is very much appreciated.

Very Truly Yours

James N. Ramsey
District Attorney General
Seventh Judicial District

JNR/csm

cc: Jerry Creasey, Chairman, Anderson County Commission
     Rebecca Montgomery, Tennessee Counsel for Juvenile Family & Court Judges
     Honorable Pat Hess, Juvenile Judge