Jerry H. Summers v. Mayor Robert L

FRANK F. DROWOTA, III, Justice. This direct appeal raises a significant issue of Tennessee constitutional law, that is, whether certain statutes permitting
a municipal Judge to be terminated at will are valid. The Petitioner, Jerry H. Summers, sat as city Judge for Soddy-Daisy,
Hamilton County, Tennessee, for 14 years until he was summarily terminated by the Board of Commissioners of Soddy-Daisy (the
Board). Petitioner sought review of his termination by a common law writ of certiorari, contending that at will employment
of a Judge violated the requirement of separation of powers under Article II, § 1, of the Constitution of Tennessee.
The Chancery Court of Hamilton County found that the at will employment provisions of T.C.A. § 6-21-501 and §
16-18-102 violated the Stated Constitution and ordered Petitioner's reinstatement. Respondents, including the Attorney General,
have brought this direct appeal to this Court as the sole determinative issue is the constitutionality of these two statutes.
T.C.A. § 16-4-108.