League of Women Voters of Blount County 2006 Candidate Survey

 

Name: David R. Duggan                                                       Phone:  865-273-5523

 

Candidate for       General Sessions Judge, Division IV

 

Please write your answers in the space provided or use a separate sheet, and return your survey in the enclosed stamped envelope. It is very important that you write legibly.  Please consider e-mailing your completed survey by requesting an electronic survey at rderycke@bellsouth.net     

The League of Women Voters will acknowledge receipt of your completed survey.

 

I. Qualifications and experience:

  1. Please list your diplomas and degrees, along with the areas of study.

 

B.A., highest honors, Phi Beta Kappa, University of Tennessee, political science

M.A., University of Tennessee, political science (political philosophy)

J.D., honors, University of Tennessee    

 

  1. What relevant experience do you have, including previous public offices held?

 

1 year, General Sessions Judge

17 years, private practice

 

  1. Please list local service and civic groups in which you have participated, including when and for how long.

 

Director, Secretary, past President, Alcoa City Schools Foundation

Director and past President, Alcoa Youth Baseball

Chairman, Administrative Board, Alcoa First United Methodist Church

Chairman, District Board of Trustees, Maryville District, United Methodist Church

Director, Blount County Historical Museum

Member, Alcoa Heritage Committee

Member, Alcoa Kiwanis Club

Member, Sons of the Revolution

Member, Federalist Society

Past Chairman, Vice Chairman, Treasurer, Blount County Republican Party

Alcoa City Historian

Co-Author, Coach O: The Glory Days of Alcoa Basketball

(Note—I’m uncertain of dates served.)

 

  1. Please indicate any business activities that could constitute a conflict of interest in the event you are elected.

 

None

 

  1. Name three leadership skills that you practice.

1. Fairness

2. Impartiality

3.     Consistency

 

  1. What unique qualities, besides the above leadership skills, do you have to contribute to this office? 

 

With respect to these leadership skills and qualities, they should not be unique, but should reflect the qualities of any judge.

 

II. Questions about your understanding of the office you are seeking:

  1. What do you see as the three most important functions of this office?

1. Fair and impartial resolution of legal disputes

2. Efficient administration of other legal matters, e.g., estates

3. To instill public confidence in our legal system

 

  1. What would you identify as the three most important issues facing Blount County in the future?

 

SEE ATTACHED STATEMENT

 

  1. What can you do in this office to impact these three most important issues?

 

SEE ATTACHED STATEMENT

 

 

III. Positions on specific issues of importance in Blount County:   Use a separate sheet to respond.

 

 

                SEE ATTACHED STATEMENT

 

A.                 Means for insuring the fair and respectful treatment of all Blount County citizens, regardless of race, gender, religion or ethnic background, given recent concerns about racism and bigotry in our county

 

B.                 Promotion of greater diversity in our hired and appointed government officials and employees

 

C.                 Reconciling the potentially competing interests of growth/development and adequate infrastructure in our county, including the application of the Hunter Growth Strategy

 

D.                 The environmental impact of development and/or non-attainment status with the EPA

 

E.                  Identifying and resolving conflicts of interest of public officials

 

F.                  The consolidation of:

1.       city and county schools

 

 

2. city and county government

3. or a feasibility study on consolidation

 

G.                 Health care

 

 

 

 

IV.  Questions for CANDIDATES FOR JUDGE:   Use a separate sheet to answer these questions.

 

  1. How can a judge improve the safety and security of Blount County citizens?

 

That is primarily the responsibility of law enforcement and the executive branch of government, but under Canon 3(B) (2) and (3) of the Code of Judicial Conduct, a judge shall not be swayed by partisan interests, public clamor, or fear of criticism; and a judge shall require order and decorum in proceedings before the judge

 

 

 

 

  1. What can be done to ensure the safety of and respect for victims of domestic violence or other crimes in your court?

 

That is primarily a question to be dealt with by the legislative branch of government.  A judge applies the law made by others.  Under Canon 3(B) (4) and (8), a judge shall be patient, dignified and courteous to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity; and a judge shall dispose of all judicial matters promptly, efficiently, and fairly.

 

 

 

ATTACHED STATEMENT

 

JOINT STATEMENT OF INCUMBENT JUDGES

           

Blount County Judges, W. Dale Young, D. Kelly Thomas, Jr., William R. Brewer, Jr., William Terry Denton, and David R. Duggan, have issued a joint statement pertaining to response to questionnaires which solicit the Judges’ opinions on political and legal issues.

The Judges have stated that while they understand the desire of voters to be informed and to know where candidates stand on given issues, pursuant to Canon 5 of the Code of Judicial Conduct, candidates for judicial office are directed not to make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office, and further they are instructed not to make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court.

The Judges have noted that their personal opinions about issues should never enter into their decisions, but rather they have the duty to fairly and impartially apply the law that is made by others, be it legislators or other policymakers.

Accordingly, the Judges have indicated that in responding to any tendered questionnaires, and with respect to solicitation of their opinions on legal and political issues, the Judges will respectfully decline to publicly respond to such inquiries.

In issuing this statement, the Judges acknowledge the ruling of the United States Supreme Court in Republican Party of Minnesota v. White, which opinion holds that ethical prohibitions against a candidate for judicial office stating his or her positions on political and legal issues are unconstitutional under the First Amendment.

In response to that opinion, however, the Tennessee Supreme Court has issued an Order which nevertheless declines to make any changes in the express provisions of Canon 5. Rather, the Tennessee Supreme Court has only adopted a new Comment upon that Canon. While the Court has acknowledged the White decision, it then reiterates that “Some speech restrictions are indispensable to maintaining the integrity, impartiality and independence of the judiciary,” and “The State has a compelling interest in enforcing these restrictions.” Second, the Comment specifically addresses the receipt of questionnaires and warns judicial candidates to proceed with “caution” if those candidates “choose” to answer. Third, the Comment warns candidates that to take positions on issues “might constitute pledges, promises or commitments,” which prohibition specifically was not addressed by the U.S. Supreme Court in White.

With respect to the latter component of the new Comment, it is noted that the U.S. Supreme Court, in White, has specifically held that, “there is almost no legal or political issue that is unlikely to come before a judge of an American court, state or federal, of general jurisdiction.”