Moncier v. Haslam

1 F. Supp. 3d 854, 2014 U.S. Dist. LEXIS 26434, 2014 WL 806418
CourtDistrict Court, E.D. Tennessee
DecidedFebruary 28, 2014
DocketNo. 3:13-CV-630-TAV-HBG
StatusPublished
Cited by4 cases

This text of 1 F. Supp. 3d 854 (Moncier v. Haslam) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moncier v. Haslam, 1 F. Supp. 3d 854, 2014 U.S. Dist. LEXIS 26434, 2014 WL 806418 (E.D. Tenn. 2014).

Opinion

[856]*856 MEMORANDUM OPINION

THOMAS A. VARLAN, Chief Judge.

This civil action is before the Court on several motions, including plaintiffs Motion for Temporary Injunction [Doc. 6], plaintiffs motion to amend the complaint filed on December 27, 2013 [Doc. 10], Plaintiffs Motion to Strike and Withdraw the December 27, 2013 Motion to Amend the Complaint and File in its Place this Motion to Amend with Amended Complaint Attached [Doc. 20], plaintiffs Motion for Scheduling Conference [Doc. 24], plaintiffs Motion for Leave to File the Attached Amended Application for Temporary Injunction in Excess of Twenty-Five Pages [Doc. 25], plaintiffs Motion for Temporary, Limited EDTN CM-ECF Access [Doc. 30], plaintiffs Application for Temporary Injunction Prohibiting Governor Has-lam From Making Appointments to New Terms of Office for Tennessee Appellate Judges [Doc. 32], and plaintiffs Motion for Summary Judgment [Doc. 33], Defendants have filed responses to some of these motions [Docs. 13, 14, 26, 35]. The Court held a hearing on Thursday, January 30, 2014 [Doc. 28].1

The Court has thoroughly considered all of the filings in this action filed up to and including February 26, 2014,2 as well as the arguments advanced orally by the parties. Upon review of the filings and arguments of the parties, the Court finds plaintiff lacks standing. Hence, the Court will deny all of the pending motions and dismiss this action.

I. Background3

This action concerns what is commonly referred to as the “Tennessee Plan.” The Tennessee Plan is the method by which state appellate judges are evaluated and selected for office. See Tenn.Code Ann. § 17-4-101 et seq.; see also State of Tennessee Executive Order No. 34 (Oct. 16, 2013). The part of the plan most relevant to this litigation is that if a “vacancy” occurs in an office of an appellate court judgeship after July 1, 2009, by death, resignation, or otherwise, the governor shall fill the vacancy by appointing one of the three persons nominated by the Judicial Nominating Commission (“JNC”). See TenmCode Ann. § 17-4-112.

On May 24, 2013, Judge Joseph M. Tip-ton, a judge on the Tennessee Court of Criminal Appeals, notified Governor Bill Haslam that he would not seek retention for another term in the August 2014 election [Doc. 1 ¶¶ 5-6]. The JNC ultimately submitted nominees to fill the position, and Governor Haslam appointed Robert H. Montgomery, Jr. [See id. ¶ 20; Doc. 14].

Plaintiff, Herbert S. Moncier (“Moncier”), has an interest in filling Judge Tip-ton’s position [Id. ¶ 1]. While he did not submit his name to the JNC for consideration, plaintiff requested that Coordinator of Elections Mark Goins allow his name to be placed on the August 2014 ballot as a [857]*857candidate for the office. Goins denied him access, referring plaintiff to the “Tennessee statutes that provide for the manner judges are appointed and stand for election in Tennessee” [Id. ¶¶ 11-12].

On October 18, 2013, plaintiff filed this action, pro se [Doc. 1]. He seeks declaratory and injunctive relief on behalf of “himself, and for the people of the State of Tennessee,” against defendants Bill Has-lam, Governor of the State of Tennessee, and Coordinator of Elections Mark Goins. He asserts that this Court has jurisdiction pursuant to 28 U.S.C. §§ 2201 and 1331 and 42 U.S.C. §§ 1983 and 1988 [Id. ¶4], According to plaintiff, in implementing the Tennessee Plan, defendants are violating the First and Fourteenth Amendments of the United States Constitution because they are denying access to the August 2014 ballot and the right to political association.

This matter came before the Court as a result of plaintiff filing a motion for injunc-tive relief [Doc. 6]. In his motion for in-junctive relief, plaintiff asks the Court to direct Goins to provide plaintiff a nominating petition to be on the ballot for the August 2014 general election for the office of judge of the Tennessee Criminal Court of Appeals for the Eastern Section; to perform his duties as Tennessee’s Coordinator of Elections to provide plaintiff and the Knox County Election Commission instructions as to the requirements for plaintiff to qualify to be on the August ballot; and to provide such information for each office of the Tennessee Supreme Court, Tennessee Court of Appeals, and Tennessee Criminal Court of Appeals.

Along with his motion for injunctive relief, and during the course of this litigation, plaintiff has filed multiple motions to amend his complaint.4 In one motion to amend, plaintiff seeks to add the “State of Tennessee” as a party plaintiff, pursuant to the state’s statutory quo warranto procedure. See Tenn.Code Ann. § 29-35-101. He also seeks to add as defendants members of the Judicial Performance Evaluation Commission (“JPEC”) — which plaintiff asserts evaluates state appellate judges and votes as to retention. He does not seek to add any additional federal claims, but he does seek to add new claims for alleged violations of the Tennessee Constitution, and he asks the Court to exercise supplemental jurisdiction over those claims pursuant to 28 U.S.C. § 1367. These claims include the assertion that the provisions of TenmCode Ann. § 17-4-101 et seq., governing the nomination and retention election of appellate judges, the provisions of Tenn.Code Ann. § 17-4-201 and Tenn. Sup.Ct. R. 27 establishing the JPEC, and the Governor’s Executive Order 34 governing judicial appointments to fill vacancies on the appellate courts, violate multiple provisions of the Tennessee Constitution, including Art. I, §§ 1, 5, 8, 19 and 23, Art. IV, §§ 1 and 4, Art. VI, §§ 3, 4 and 11, and Art. VII, § 5. He also seeks to amend the injunctive relief sought.

In a later motion to amend, plaintiff asserts he seeks to amend the complaint to include factual allegations about events occurring after he filed his last-filed motion to amend [Doc. 20], He also argues he has “proffered a more particularized statement” — particularly nineteen statements [See Doc. 20-1 ¶ 2(1)-(19) ] — of his standing and he seeks to include more specific statements with respect to his alleged violations of constitutional rights. He further requests to amend the declaratory and injunctive relief sought.

[858]*858Plaintiff filed two motions with respect to his request for injunctive relief as well.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
1 F. Supp. 3d 854, 2014 U.S. Dist. LEXIS 26434, 2014 WL 806418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moncier-v-haslam-tned-2014.