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← 213 SW3D 751 - Jordan v. Knox County

Jordan v. Knox County’s Empirical Analysis

2007

Citation profile

15
cited by 15 later decisions
1
states following
March 2019
most recently cited

13 state decisions

Relationships

Relies on Payne v. Tennessee · Norton v. Shelby County · Norton v. Shelby Co State of Tennessee · 54 Cal. 3d 492 - Legislature v. Eu · Carvell v. Bottoms

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The terms of these public servants who are ineligible for another term do not, however, end with the filing of this opinion. Pursuant to article VII, section 5 of the Tennessee Constitution, every officer shall hold office until a successor is elected or appointed and qualified. In order to assure the continuous repre sentation of all of the people of Knox County in local governmental affairs and as a means of preserving, without interruption, the continuation of essential governmental services, those county commissioners and state constitutional officers otherwise precluded from holding the offices to which they were recently elected may continue as de facto officers until their successors are named in accordance with law.1™13 See Hogan v. Hamilton, 132 Tenn. 554 , 179 S.W. 128 , 129 (1915); see also Cook v. State, 91 Ala. 53 , 8 So. 686 , 687[687] (1890) (holding that a circuit clerk who was no longer qualified to serve was a de facto officer until his successor qualified). FN13. Article VII, section 2 provides that ''[v]acancies in county offices shall be filled by the county legislative body, and any person so appointed shall serve until his successor is elected at the next election occurring after the vacancy is qualified.” See State ex rel. Winstead, v. Moody, 596 S.W.2d 811, 812 (Tenn.1980).”
    1 later decision quote this exact passage · from the majority
  2. “The qualified voters of each county shall elect for terms of four years a legislative body, a county executive, a Sheriff, a Trustee , a Register, a County Clerk, and an Assessor of Property. Their qualifications and duties shall be prescribed by the General Assembly.”
    1 later decision quote this exact passage · from the majority
  3. “does not provide for the constitutional county offices,”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.