George Korda recently had an interesting article in the Knox News-Sentinel about the term limits referendum that Knox County passed overwhelmingly in 1994.
The referendum term-limited all county officials except judges .
Some people at the time (incumbents?) thought that term limits might be unconstitutional.
Knox County State Sen. Bud Gilbert requested the state attorney general’s opinion on the matter.
The attorney general opined that term limits in the Knox County Charter conflicted with the state constitution.
Term limits in Knox were just forgotten. No one did anything after the attorney general's opinion came out.
Korda comments that "opinions" from the attorney general are interesting pieces of legal "literature." If you agree with them, they are like granite-- wonderful bits of sound, hard, legal reasoning.
If you disagree with them, then they are just another lawyer’s judgment.
Regardless of whether you agree or disagree, attorney general's opinion do not have the force of law.
Only if someone takes the issue to court, then and only then do you find out the "law."
Fast forward to the opposite end of the state.
Shelby County, like Knox, had also approved term limits many years ago. Recently, Shelby County officials decided that they wanted to get this term limits thing straightened out once and for all.
To get this ironed out, Shelby County didn't ask for an AG's opinion. They took the issue to court. The case went all the way to the Tennessee Supreme Court where term limits in Shelby County were upheld.
The effect of the Tennessee Supreme Court ruling then spilled over into Knox County since Knox voters had also approved term limits in 1994.
Poor Knox County, the May 2nd election ballots had already been prepared. The names of the term-limited commissioners could not be taken off. Oodles of write-in candidates showed up ready to take the place of term-limited commissioners.
Korda provides an interesting discussion about the opposition to term limits from many career politicians and from many of the powerful people who want contracts, rezonings, approval for pet projects, etc.
As he puts it, "the political arena is a little like the stock market." Investors in stocks value stability. "People in and around government like stability as well, but for different reasons."
With the right connection to the right people, says Korda, "much is done with a wink, nod, request or plea." People who want a special favor from the government want the right people in place.
With term limits in Knox County, there's a scramble on to form new friendships, find out who's related to whom, and get connected to the new commissioners who may take office in September.
Is it over? Maybe. Maybe not. Some of the long-time incumbents are still fighting to keep their offices by challenging the entire Knox County Charter. Other incumbents are saying that term limits only apply to county commissioners.
One thing is certain. The courts are going to be busy. With early voting starting in July, a full and quick determination of the names to include on the general election ballot is needed to avoid the primary mess.
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