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FOR PUBLICATION

IN THE SPECIAL SUPREME COURT OF TENNESSEE AT NASHVILLE

ROBERT L. DeLANEY, Plaintiff-Appellant, )

) ) ) ) ) ) ) ) ) ) ) )

Davidson Chancery Hon. Ellen Hobbs Lyle, Chancellor S. Ct. No. 01S01-9808-CH-00144

v.

BROOK THOMPSON, ET AL., Defendants-Appellees.

For Plaintiff-Appellant: Robert L. DeLaney Nashville

For Defendants-Appellees: John Knox Walkup Attorney General and Reporter Nashville Michael E. Moore Solicitor General Nashville Michael W. Catalano Associate Solicitor General Nashville

OPINION

J u d g m e n t o f C o u r t o f A p p e a l s a n d T r i a l C o u r t R e v e r s e d ; C a s e R e m a n d e d .

D a v i s ,

C . J . ,

S p e c i a l

S u p r e m e

C o u r t

In this case, we are invited to decide whether the Tennessee Plan for election of appellate judges, codified as Title 17, Chapter 4 of the Tennessee Code Annotated, is unconstitutional for a variety of reasons, but most particularly because it contemplates "retention elections" for incumbent appellate judges. In general, the Tennessee Plan provides that an incumbent appellate judge may run for reelection unopposed on the ballot, provided the incumbent's retention has been recommended by the judicial evaluation commission; the judge will be retained in office if a majority of those voting in the election for that judge's seat vote for such retention. Tenn. Code Ann.

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Tennessee Law