In Re Hooker’s Empirical Analysis
2011
Citation profile
4
cited by 4 later decisions
1
states following
August 2018
most recently cited
4 state decisions
Relationships
Relies on Kinard v. Kinard · Alley v. State · Ward v. University of the South · Davis v. Liberty Mutual Insurance Co. · State of Tennessee v. Kacy Dewayne Cannon
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Motions for recusal call into question the integrity of the judicial process and require serious and careful consideration. Persons appearing in Tennessee’s courts have a fundamental right to have their cases heard and decided by fair and impartial judges. Bean v. Bailey, 280 S.W.3d 798, 803 (Tenn.2009); Chumbley v. People’s Bank & Trust Co., 165 Tenn. 655, 659 , 57 S.W.2d 787, 788 (1933). This right “guard[s] against the prejudgment of the rights of litigants and [assists in] avoiding] situations in which the litigants might have cause to conclude that the court ... reached a prejudiced conclusion because of interest, partiality, or favor.” State v. Austin, 87 S.W.3d 447, 470 (Tenn.2002) (appendix). To protect this right, Article VI, Section 11 of the Constitution of Tennessee states that judges should not preside over trials in which they “may be interested.” Likewise, Tenn. Sup.Ct. R. 10, Canon 2(A) states that judges “shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Accordingly, Tenn. Sup.Ct. R. 10, Canon 3(E)(1) admonishes that “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.” Disqualification decisions are discretionary ones. Bean v. Bailey, 280 S.W.3d at 805 ; Bd. of Prof'l Responsibility v. Slavin, 145 S.W.3d 538, 546 (Tenn.2004). They do not, however, rest solely on a judge’s own subjective perception of his or her abi”
1 later decision quote this exact passage · from the majority“Despite the ... sincerity of Mr. Hooker’s beliefs, a litigant’s or lawyer’s disagreement with the election of a judge has never been found to be an adequate basis for disqualifying a judge from a proceeding that does not directly involve the judge’s own election. There is no precedent in Tennessee or elsewhere supporting the idea that otherwise qualified judges must be disqualified whenever a litigant or lawyer disagrees with the manner in which they were placed on the bench. Allowing litigants to challenge judges based on dissatisfaction with their election would hamstring the courts and disrupt our system of justice. In addition, recognizing such a ground of disqualification for judges will only prompt others to challenge or ignore acts of the Legislative or Executive Branches of government based on their disagreement with the manner in which these officials have been elected.”
1 later decision quote this exact passage · from the majoritye.g. Hooker v. Haslam“began challenging the authority of the state appellate courts to hear and decide his claims because he believed that the judges were not validly elected.... [and] [w]hen these challenges [also] did not succeed, [he] began to accuse the trial and appellate judges who had considered and rejected his claims of engaging in unethical and criminal misconduct.”
1 later decision quote this exact passage · from the majoritye.g. Hooker v. Haslam
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.