IN THE CHANCERY COURT FOR ANDERSON COUNTY,
TENNESSEE
JAMES N. RAMSEY
DISTRICT ATTORNEY GENERAL for the
SEVENTH JUDICIAL DISTRICT
Petitioner
VERSUS
PATRICIA L. HESS
JUDGE of the
ANDERSON COUNTY JUVENILE COURT
Respondent
and
HONORABLE REX A. LYNCH
COUNTY EXECUTIVE of
ANDERSON COUNTY, TENNESSEE
Respondent
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AMENDED PETITION
Comes now the Petitioner, James N. Ramsey, District Attorney General for
the Seventh Judicial District, and sues the Respondents, the Honorable
Patricia L. Hess, Judge of the Anderson County Juvenile Court and the
Honorable Rex A. Lynch, County Executive of Anderson County, and for cause of
action would respectfully show unto this Honorable Court as follows:
I. PARTIES
1. That the Petitioner, James N. Ramsey, is the duly
elected District Attorney General for the Seventh Judicial District which is
Anderson County, Tennessee.
2. That the Respondent, the Honorable Patricia L.
Hess, is the duly elected Judge of the Juvenile Court for Anderson County,
Tennessee.
3. That the Respondent, the Honorable Rex A. Lynch, is the duly elected
County Executive of Anderson County, Tennessee.
4. Further, the Petitioner, James N. Ramsey, at all times relevant to this
action, by and through his duly appointed Assistant, prepared and prosecuted
contested unruly and delinquent matters charged in Anderson County Juvenile
Court; matters which include, but are not limited to, both adjudication and
disposition of cases.
5. Further, the Respondent, Patricia L. Hess, at all times relevant to this
action, presided over Anderson County Juvenile Court and appointed and
supervised youth services officers and probation officers for Juvenile Court
and operated the juvenile probation program.
6. Further, the Respondent, Rex A. Lynch, at all times relevant to this
action, operated the executive branch of Anderson County in his capacity as
Chief Executive Officer, and by and through Anderson County Probation
Services, supervised the adult probation program for the General Sessions
Courts and the Criminal Court for Anderson County.
II. FACTUAL ALLEGATIONS
7. That this is an action brought by James N. Ramsey based on the Respondent,
the Honorable Patricia L. Hess, issuing and serving an Order requiring the
State District Attorney General, James N. Ramsey, for the Seventh Judicial
District to appear on Monday and Wednesday each week in Juvenile Court and
"present evidence in support of Petitions" filed by others and participate in
"matters related to unruly/status, etc." and "like matters". The January 11,
1999, Order is attached and incorporated by reference as part of this Amended
Petition as Exhibit 1.
There is no reflection in the Chancery Court that
said Order has been withdrawn as of September 1, 2000, although a document
captioned "In Re: Prosecution Issue" was filed March 3, 1999, in the
Juvenile Court for Anderson County, Tennessee, "... without prejudice to
re-entry."
8. That the January 11, 1999, Order of a county Court commanded the District
Attorney General, a State constitutional officer, to perform duties that are
not statutorily required by T.C.A. 8-7-103; further, said Order impinged and
obstructed the constitutional and statutory discretion required of the
District Attorney General to discharge the duties of his office.
9. That James N. Ramsey provided prosecuting attorneys to Juvenile Court for
unruly, delinquency cases and prosecution of adults charged in Juvenile Court
each Wednesday in his discretion, since it is no longer feasible, due to
constraints in allocation of resources, to assign a prosecuting attorney
full-time to the Court.
10. That the manner in which the Anderson County Juvenile Court operates
is unconstitutional, in violation of the constitutionally mandated separation
of powers, insofar that the Respondent, Patricia L. Hess, appointed and
supervised the youth services officers and probation officers appearing
before her and administers the juvenile probation program.
11. That the statutory provisions that the Respondent, the Honorable
Patricia L. Hess, operates under, including, but not limited to, T.C.A. 37-1-162, T.C.A. 37-1-105, and T.C.A. 37-1-106 are unconstitutional in that they foster
operation of juvenile courts in violation of the constitutionally mandated
separation of powers and create the appearance of impropriety.
12. That the Respondent, the Honorable Patricia L. Hess, has discussed
specific cases of delinquency and unruly children pending before the Juvenile
Court with her youth services officers and probation officers, both verbally
and via memoranda, prior to trial, and outside the presence of the District
Attorney General or defense counsel, thereby engaging in unethical and
improper conduct through ex parte communication. See, report of Audra Gipson
attached and incorporated by reference as part of this Amended Petition as
Exhibit 2.
13. That the Respondent, the Honorable Patricia L. Hess, appointed and
supervised youth service officers and probation officers who brought charges,
testified as witnesses, made recommendations concerning disposition and
communicated directly with her about matters coming before the Juvenile
Court. See Violation of Probation, case A0-925; Violation of Probation, case
A0-823, and Order entered March 6, 2000, attached and incorporated by
reference as part of this Amended Petition as collective Exhibit 3.
14. That the current operation of Juvenile court is unconstitutional and
improper, thereby depriving the juveniles of Anderson County of a fair and
impartial trial.
15. That the current operation of Juvenile Court obstructs the prosecutorial
discretion required of the District Attorney General as well as the
administration of justice.
16. That the Respondent, the Honorable Rex A. Lynch, County Executive, has
available necessary resources to administer and supervise the youth services
officers and probation officers currently employed by the Anderson County
Juvenile Court, and to operate a juvenile probation program.
III. ISSUES FOR DECLARATORY JUDGMENT
17. Petitioner adopts by reference Section II, Factual Allegations, set forth
hereinabove.
18. Pursuant to T.C.A. 8-7-103(6) and the Tennessee Constitution, the
District Attorney General has prosecutorial discretion and is charged with
deciding how to best utilize limited resources in prosecuting crime. T.C.A.
8-7-103 supersedes in time (enacted 5-19-98) and by express terms T.C.A.
37-1-124.
19. Further, Petitioner avers that it is a breach of the constitutionally
mandated separation of powers for the Respondent, the Honorable Patricia L.
Hess, to appoint and supervise youth services officers and probation officers
for the Juvenile Court and to operate the juvenile probation program.
20. Under the concept of separation of powers, T.C.A. 37-1-162, 37-1-105, and
37-1-106 are unconstitutional to the extent that they condone youth service
officers and probation officers, appointed and supervised by the Juvenile
Court, to engage in conduct that taints the neutrality and impartiality of
the judicial process and create the appearance of impropriety.
21. In November 1998, the Judicial Ethics Committee issued an opinion setting
forth that "a juvenile court judge who appoints and supervises the youth
services officers appearing in his or her court and/or runs the youth
probation program" violates Canon 2, code of Judicial Conduct by creating an
appearance of impropriety. See, Judicial Ethics Committee Advisory Opinion
No. 98-5 attached and incorporated by reference as part of this Amended
Petition as Exhibit 4.
22. Under Tennessee law, constitutional principles designed to protect the
rights of individuals charged with a crime, have been deemed to apply in
proceedings involving juvenile offenders. State vs. Johnson, 574 S.W. 2d 739
at 741.
WHEREFORE, the Petitioner, James N. Ramsey, District Attorney General for the
Seventh Judicial District, sues the Respondents and for relief prays as
follows:
1. That the temporary Stay Order issued January 15, 1999, be made permanent
and an injunction be issued prohibiting the Respondent, Pat Hess, from
further commanding the District Attorney General for the Seventh Judicial
District, a State Constitutional officer, to perform duties that are not
statutorily required under T.C.A. 8-7-103 and which impinge on the
constitutional and statutory discretion of the District Attorney General.
2. That pursuant to T.C.A. 8-7-103(6) and the Tennessee Constitution, the
District Attorney General be declared to have prosecutorial discretion and
thus charged with deciding in his sole discretion how best to utilize and
allocate limited State resources in carrying out his duties.
3. That an injunction be issued prohibiting the Respondent, the Honorable
Patricia L. Hess, from appointing and supervising youth service officers and
probation officers for Juvenile Court.
4. That an injunction be issued prohibiting the
Respondent, the Honorable Patricia L. Hess, from operating the Anderson
County juvenile probation program.
5. That T.C.A. 37-1-162, 37-1-105, and 37-1-106, to the extent that they
foster the violation of the constitutionally mandated separation of powers
and create the appearance of impropriety under the Code of Judicial Conduct,
be declared unconstitutional.
6. That Respondent, the Honorable Rex A. Lynch, be ordered to supervise the
youth services officers, and probation officers for Juvenile Court and
operate the Anderson County juvenile probation program.
STATE OF TENNESSEE
COUNTY OF ANDERSON
James N. Ramsey, District Attorney General, 7th Judicial District, makes
oath that the statements in his foregoing are true of his own knowledge,
except as to matters therein stated to be on information and belief, and
these matters he believes to be true.
This the 1st day of September, 2000.
_____________________________
JAMES N. RAMSEY
DISTRICT ATTORNEY GENERAL
FOR THE STATE OF TENNESSEE
149 N. MAIN ST.
CLINTON, TENNESSEE 37716
Sworn to and subscribed before me
this the 1st day of September, 2000.
Cheryl S. Mayes (s)
_____________________________
Notary Public
My Commission Expires: 1-23-02
NO SECURITY REQUIRED
In accordance with TCA 20-13-101, the State shall commence and prosecute
suits according to the laws of the land, as in cases between individuals,
except that no security shall, in such case, be required.
This the 1st day of September, 2000.
