General Sessions Court candidates field questions

Mar. 28—General Sessions Court Republican Primary candidates fielded questions from the Cumberland County Republican Party March 15, sharing their judicial philosophy and how it relates to the county's General Sessions Court.

General Sessions Court hears a variety of cases, from misdemeanor criminal offenses to civil cases up to $25,000, divorces and child custody, juvenile cases, Department of Children Services cases, and probate and estates.

It is also authorized to hear cases of termination of parental rights.

Republican Primary candidates are Nathan Clouse, Ivy Gardner Mayberry and Amanda Worley. Holly Lee is an independent candidate in the August county general election, and she was not part of the judicial forum hosted by the Republican Party.

Mayberry was also unable to attend the forum due to a family conflict as her son plays basketball for Stone Memorial High School and the team was competing in the first round of the state basketball tournament.

Belinda Dukes read a statement from Mayberry that reviewed her qualifications for the office. Mayberry opened her solo law office in 2013 and has practiced in local courts and the Tennessee Court of Appeals and U.S. Federal Court. She is in her seventh year serving as municipal judge for the city of Crossville.

She has been active in various community activities and organizations for 20 years, including a founding member of Organized Love nonprofit organization and organizer of the Back the Blue law enforcement appreciation effort.

The focus of her campaign is early intervention, including formation of a family treatment court, including counseling, to help break the cycle of abuse, neglect or substance dependency.

Clouse has been practicing law for seven years. It's a second career for the former accountant and banker. After serving as a foster parent for several years, he made the decision to become a lawyer to better serve the children in the foster care system.

He has a solo law practice in Crossville where he represents clients in a variety of legal matters.

Worley has served 15 years in the 13th Judicial District Attorney General's Office as a prosecutor. She has prosecuted crimes ranging from DUI to first-degree murder. She stressed safety for the county and her knowledge and skills.

Why are you running as a Republican candidate? Please explain what values of the Republican Party align with your personal values.

Clouse said he was running as a Republican candidate because, "I am a Republican." He said he holds conservative values and attends Central Baptist Church where he serves as a deacon.

"The one thing I'm tired of in our country right now is judges putting their personal opinions into laws, and not following the laws as they're written," he said. "I want people to know, when they come into that courtroom, I'm going to follow those laws."

Worley said she has been a life-long Republican, beginning in high school when she was the recipient of a scholarship from the Republican Women Club. She is an active participant in the local party, including serving as chairman of the county party in 2020.

She said she reviewed the party's platform as part of her preparation for the event, with several items standing out: the exceptionalism of America, limited government, separation of powers, federalism, and that the Constitution does not change.

"But most importantly, one of the things that struck home with me on what values align with mine, is that the Republican Party believes in the laws of the land. They believe in the pursuit of justice," Worley said. "I believe in law and order."

Please identify any formal complaints that have been filed against you with any supervisory authority, particularly the Board of Professional Responsibility or Board of Judicial Conduct, alleging any breach of ethics or unprofessional conduct. If so, explain.

Clouse said two complaints had been filed against him, but both were dismissed.

"I cannot go any deeper than that. It's against confidential rules," he said.

He spent the remainder of the two minutes allotted for answering the question sharing his ideas for the General Sessions Court judge and his priorities if elected.

First, he wants to change a standard parenting plan used in the court that allows father's visitation for every other weekend.

"That's not what our laws say," Clouse said. "I'm taking that out."

He said children depend on both parents. The law requires maximizing time with each parent and then adjusting as necessary based on criteria.

He also wants to establish a juvenile mental health court for juveniles addicted to drugs or pornography.

"We need to get those kids treatment," Clouse said. "They don't understand what they're looking at. They're going online, clicking on a website that they're 18 and they're being subjected to stuff that they can't handle."

Worley said in her 15 years as a prosecutor, she's had no ethical complaints to the Board of Professional Responsibility.

Do you believe the U.S. Constitution and its original amendments say what it means and means what it says, or do you believe the rights are up for modern interpretation at the whims of judges?

Clouse said he believed in an "originalist" interpretation of the Constitution.

He focused his answer on the duties of the General Sessions Court judge, including criminal court and family court. He said family matters are heard three days a week, comprising about 70% of the court's time.

"First and foremost, we protect your families," Clouse said.

Family court matters have different rules and procedures, and Clouse said he was qualified to decide those cases.

Worley said the U.S. Constitution "means what it says and says what it means. It's not up for us to change that."

Changes in law or the state or federal constitution are matters for elected legislators to determine, while judges are called to interpret the law, she said. That judicial philosophy extends to the state constitution, as well, she said.

She disagreed with Clouse's assessment of the court's duties, noting more than 77% of the cases that come through General Sessions Court are criminal cases.

"It is not a pass-through court," Worley said.

Do you believe a judge should have broad discretion in the interpretation of the law when ruling on a case? If not, please state why. If yes, please state when and how you would apply this discretion.

Clouse said "yes and no."

Judges are bound to follow the laws as written, he said, and some laws do not allow judges to exercise individual discretion, such as sentencing guidelines. Other laws, however, do allow judges to use their discretion in decisions.

"If I'm deciding a termination of parental rights case, I'm deciding the fate of a mom and dad with their child," Clouse said. "The judge has to have some discretion on those facts and apply them to the law."

Worley said she believed the questioned asked if judges had discretion in interpreting the law. And her answer was, "No."

"Laws say what they mean and mean what they say. You look at the plain meaning of that law to determine how you're going to rule," she said. "You don't need a judge up on the bench doing legal gymnastics to try to make the ruling into what they want it to be."

Judges, she said, should evaluate the evidence presented and give a fair and impartial determination.

Each candidate was offered an opportunity to address the crowd in their closing statements.

Clouse emphasized his experience in areas outside of criminal law, particularly in divorce, termination of parental rights, or children's cases.

"Prosecution is great, but that doesn't prepare you for what this judge does," Clouse said.

Worley said she was proud of her 15 years of service to the District Attorney's Office. She added she has more legal experience than both her opponents combined. She said she is the only candidate who has taken part in a criminal jury trial. That experience helps prepare one to be a judge, she said.

She added that all types of cases heard by the court are important.

"But when you go home tonight and you close your eyes, are you wondering about how divorces are going in Cumberland County? Or, are you wondering if you locked the door and if someone is going to break into your home? Or are you getting a call that one of your loved ones has overdosed on an illegal narcotic? That's what's important to this community," Worley said.

Clouse, Mayberry and Worley will be candidates in the Republican Primary in the May 3 Cumberland County Primary Election. The winner of the election will face independent candidate Holly Lee in the Aug. 4 General Election.

Early voting will be held April 13-28 at the Cumberland County Election Commission at its new location, 83 Northside Lane, Suite 101.

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.