How will Supreme Court ruling affect term limits in Knox County?

How will Supreme Court ruling affect term limits in Knox County?

March 29, 2006

KNOXVILLE (WATE) -- After a ruling Wednesday by the state Supreme Court, the Knox County law director says 12 county commissioners may have to be removed from the ballot.

The ruling affects 13 commissioners but one isn't running for re-election.

In 1994, the people of Knox County voted to limit county officials to two terms. A lower court later overruled that vote of the people.

But Wednesday, the state Supreme Court, ruling on a case in Shelby County, said the lower court was wrong and term limits should stand, creating a major problem for the upcoming election in Knox County.

Law Director Mike Moyers said Wednesday afternoon the ruling for Shelby County can be understood to apply to Knox County as well, affecting those commissioners who have served two full terms since limits were imposed.

The 12 Knox County commissioners who would be affected by the ruling include: Diane Jordan, David Collins, Billy Tindell, Wanda Moody, John Schmid, Phil Guthe, John Griess, Mark Cawood, Mary Lou Horner, Mike McMillan, John Mills and Larry Clark.

Commissioner Larry Stephens is not running for re-election.

Seven commissioners were attending a Metropolitan Planning Commission luncheon Wednesday afternoon when word spread about the ruling. It went from one commissioner to another, creating an interesting dynamic.

Commissioner John Griess says it's the big buzz around Knoxville. And Mary Lou Horner, who has 28 years of service as a county commissioner, says it could have widespread implications.

"I'm disappointed because there are a few other things that we need to complete and it won't happen because if someone new comes in, they don't know who to call, find out things and it takes a while to get acquainted with everybody and to be able to work with them," Horner says.

Knox County commission is not a full-time position so many commissioners have other jobs to help earn a living. Some tell 6 News Wednesday that if they can't run for re-election, life will go on.

One big issue is for commissioners who have opposition in the upcoming May primary. Horner, for example, has spent a lot of money on campaign signs and mailings that could all be money down the drain if she's forced out by the ruling.

The county's primary election is on May 2.

Law director Moyers told 6 News the ruling likely will not affect other offices such as sheriff, mayor or county law director. It will only affect commissioners.

The election commission is concerned that commissioners running for re-election will file lawsuits to sue over the ruling since it didn't involve them originally, so it's preparing legal counsel.

Ballots were already printed and sent out for early voting. Those may have to be thrown out and replaced by new ballots.

The election commission will hold a meeting at 4 p.m.Friday so commissioners and other officials can air their concerns over the ruling. The location for the meeting hasn't been determined yet.

6 News Reporter Melissa DiPane and Anchor/Reporter Tim Miller contributed to this report.