League of Women Voters of Blount County 2006 Candidate Survey
Name : W. DALE YOUNG
Candidate for:
CIRCUIT JUDGE, DIVISION I, FIFTH (5TH) JUDICIAL DISTRICT
Identification of the Candidate:
W. DALE YOUNG
Judge, Circuit Court, Division I
Fifth (5th) Judicial District
Maryville , Tennessee 37804
Phone: 865+273-5550 (Office)
FAX:
865+273-5558 (Office)
Email:
wdyoung@blounttn.org
Native
of
Campaign Contact:
Mr. Greg L. Gilbert, Treasurer
Committee To
Re-Elect Judge W. Dale Young
Post Office Box
5272
865+805-0500
I. Qualifications and experience:
- Please list your
diplomas and degrees, along with the areas of study.
Doctor of Jurisprudence (J.D.) and
Bachelor of Laws
(LL.B.)
Bachelor of Arts
(B.A.)
City of Maryville
Elementary Schools and
PROFESSIONAL RATING:
"av": Martindale-Hubbel, Inc.
(Highest
professional rating of an Attorney-At-Law)
- What relevant
experience do you have, including previous public offices held?
Engaged in the general practice of law with primary
experience in commercial law, real
property law, estates and
domestic relations law. Considerable
experience in the field of banking and Securities and Exchange Commission law.
Admitted to practice in all state courts (1963),
Presiding Judge of the Fifth Judicial District (
Participated in the political process by voting in every city, county, state and national election since eligible to vote.
November l,
l984 to Present
Judge, Circuit
Court for
District, state of
January, l978 -
October 3l, l984
Vice
President of and House Counsel for
Tennessee National Bancshares, Inc.
September,
l973 - January, l978
Vice
President and House Counsel for
Blount National Bank,
October,
l97l - September, l973
Executive
Administrative Assistant (Chief of Staff)
to the Honorable
Winfield Dunn, Governor
of
the State of
January, l97l - October, l97l
Staff
Assistant to the Honorable Winfield Dunn,
Governor of the State
of
November,
l970 - January, l97l
Staff
Assistant
Governor
Winfield Dunn's Transition Office
Nashville , Tennessee
April,
l970 - November, l970
East Tennessee Campaign Manager
Dunn for Governor Campaign
Knoxville ,
Tennessee
September, l963 - April, l970
General practice of law, partner in
the
law firm of Felknor, Young, Paine and
Delozier,
Attorneys-at-Law,
Served as member of the
- Please list local
service and civic groups in which you have participated, including when
and for how long.
Past member of the
Member of the
- Please indicate any
business activities that could constitute a conflict of interest in the
event you are elected.
I know of no business activities that could constitute
a conflict of interest in connection
with my service as Circuit Judge.
- Name three leadership skills that you
practice.
1) The practice of using just good common sense:
“horse sense”.
2) The practice of being a gentleman: being courteous to and respectful of parties, witnesses, attorneys, jurors, court officers and all others with whom I deal.
3) The practice of being patient, sometimes characterized
as “judicial temperament”.
- What unique qualities,
besides the above leadership skills, do you have to contribute to this
office?
In addition to the qualities in E., above, my
training, education and experience uniquely
qualify me to make a
significant contribution to the office of Circuit Judge.
II.
Questions about your understanding of the office
you are seeking:
- What do you see as the
three most important functions of this office?
1)
Support the Constitution of the
2) Faithfully, fairly and impartially discharge the duties required by law of a Circuit Judge in order to do justice, to the best of my skill and ability.
3), Treat others as I would want to be treated.
- What would you identify
as the three
most important issues facing
Because
these issues may come before the Circuit Court for
Reference is made to the joint
statement of
- What can you do in this
office to impact these three most important issues?
As Circuit Judge, I can faithfully, fairly and
impartially discharge the duties required by law of me, all within the confines
of the solemn oath of office administered to and subscribed to by me.
As a private citizen, I can exercise my coveted right to
vote in each election in which I am eligible to cast a vote.
As a private citizen, I can encourage
people of excellence to serve in public office.
As a private citizen, I can lobby my
Commissioners and Council persons to use common sense in the decisions made by
them, to spend our taxpayer dollars wisely and to treat their positions as a
matter of public trust.
III.
Positions on specific issues of
importance in
Because
these issues may come before the Circuit Court for
Reference is made to the joint
statement of
A.
Means for insuring the fair and
respectful treatment of all
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:
- How can a judge improve
the safety and security of
Strict enforcement of criminal statutes and punishment
to fit the crime, if it is the Judge’s prerogative to set the punishment.
Treating those convicted of crimes like school children
is unacceptable. I firmly believe jail,
within the limits set by law, is for the humane punishment for crimes
committed; I do not subscribe to the philosophy that jail should be a social
worker’s paradise or a mini country club.
I am proud of the fact
that inmates of our Sheriff’s Jail do not like to be there...no T. V., no
basketball; just concrete, steel and humane treatment.
In a civilized society, chaos is the norm
if its citizens fail to understand that disobedience of the criminal laws
results in just, swift punishment. We
should impress on the children of our county that the freedoms we Americans
enjoy come at a price; for every criminal action there is a consequence...not
just a pat on the hand.
- What can be done to
ensure the safety of and respect for victims of domestic violence or other
crimes in your court?
Orders of Protection presently authorized by law give
any law officer the right and duty to arrest an offender without warrant upon
being notified by the protected party that a violation has occurred. The offender is incarcerated subject to the
further orders of the Court. This is a
valuable tool in ensuring the safety of the victim and sends a message to the
offender that consequences result from criminal action.
Many times, domestic violence can be prevented by
forcefully explaining to a potential offender the consequences such
violence. Unfortunately, Judges cannot
read minds and many times cannot prevent bad actions on the part of those who
are determined to breach the peace, irrespective of the consequences.
Those who engage in and are found guilty of domestic
violence are treated like the criminals they are and are punished as such to
the full limit of the law.
Those who are the victims of domestic violence are due
the same respect and thoughtful consideration that any other litigant who has a
case before the Court.
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.”