Rep. Brian Kelsey files legislation to elect Attorney General

NASHVILLE– Representative Brian Kelsey (R-Germantown) filed a constitutional amendment today to require the Attorney General of Tennessee to be elected by the people.  Currently, Tennessee is the only state in the nation in which the Supreme Court appoints the Attorney General.  Forty-three states elect the attorney general.

“The people need a voice in the Attorney General’s office,” stated Rep. Kelsey.  “By electing the Attorney General, the public can rest assured that the Attorney General is independent from the Judiciary and politically accountable to the voters.”

The constitutional amendment states that the Attorney General would be popularly elected and would hold office for a term of four years.

“Right now the Attorney General is twice removed from being accountable to the people,” said Rep. Kelsey.

In Tennessee the Attorney General is appointed by the Tennessee Supreme Court, whose members are in turn appointed by the governor from a list of three people selected by a little-known committee of 14 lawyers and 3 nonlawyers known as the Judicial Selection Committee.  The Judicial Selection Committee is set to expire this summer if the legislature does not act to extend it.

House Joint Resolution 103 also gives the Attorney General the power to prosecute all cases of the misuse of public office for personal financial gain. 
“The Attorney General is the only person with the power and resources to crack down on bribery, yet we don’t currently give him this authority.  It’s time we give the Attorney General the ability to fight bribery and quit having to wait for the federal government to enforce the law,” said Rep. Kelsey. “Taking cash in envelopes, as occurred in the Tennessee Waltz is a crime the Attorney General should be able to prosecute”. “If we do give the Attorney General the power to prosecute public officials, then he should be held accountable to the people through election.”

Currently, only local district attorneys, who are elected, have the authority to prosecute violations of state bribery statutes.

The Attorney General is the chief legal officer of the state. Among other duties, he currently acts as the state’s lawyer in civil court proceedings and prosecutes criminal cases in the appellate courts. The attorney general also provides legal advice to the Tennessee General Assembly and other state departments and agencies.

In order for a constitutional amendment to pass, it must first be approved by a simple majority in both the House and the Senate in 2009 or 2010. The next General Assembly in 2011-2012 must then approve the amendment by a two-thirds vote in each chamber. At that point the amendment is placed on the next gubernatorial ballot for ratification by the people, which would occur in 2014.
Rep. Kelsey represents the 83rd House District, which includes portions of East Memphis and Germantown in Shelby County. He is Chairman of the Civil Practice and Procedure Subcommittee.  Rep. Kelsey resides in Germantown and practices law in Memphis.