League of Women Voters of Blount County 2006 Candidate Survey

Name: William R. Brewer, Jr. Phone: 865-273-5570

Candidate for General Sessions Judge, Division III

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.

J.D. University of Tennessee, College of Law

B.A. Maryville College, Independent major: Political science, economics and secondary education

(received teaching certifications)

Everett High School, 2^nd in graduation class of over 350

15+ hours each year of continuing education

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

· 17 years of experience as General Sessions Judge, Division III since July, 1989

· Blount County Commission, 1982-1989, elected to two four-year terms representing the 9^th District, serving on several committees, including but not limited to Blount County Beer Board, Insurance Committee, Purchasing Committee, and Blount County Planning Commission

· Private practice of law 1981 to 1989

· Member and past president of the Tennessee General Sessions Judges Conference

· Member of the Tennessee Bar Association

· Member of the Blount County Bar Association

· Chairman and board member of the Blount county Emergency Communications District (E911 Commission)

· Chairman and member of the Blount County Records Committee

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

Blount County United Way, 1988

YMCA Camp Montvale Board of Directors

Bent Nail Society

Former member of the Blount County Republican Party Executive Committee, 1982-89

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

None

5. Name three leadership skills that you practice.

1. Treat everyone like I want to be treated.

2. You learn more with your ears open and your mouth shut.

3. Take charge as needed.

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

I have the experience and knowledge to fairly and efficiently carry out the duties of the office of Blount

County General Sessions Judge, Division III.

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?

The most important function of the office of Judge of the General Sessions Court, Division III, is like that for every judge, to follow the oath of office which states: that I will support the constitutions of the United States and the State of Tennessee, administer justice, and impartially discharge all the duties incumbent on a judge to the best of my skill and ability.

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

See attached statement

3. 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

2. 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.”