Tennessee Supreme Court Justice Gary R. Wade has recused himself from participating in a case involving the process for filling a vacancy on the court. The Supreme Court normally has five members, but currently has only four, including Wade.
The court will hear oral arguments in the case, Phil Bredesen v. Tennessee Judicial Selection Commission, at 1 p.m. Feb. 1 at the Supreme Court Building in Nashville. In an order filed Thursday, the court designated Retired Justice E. Riley Anderson to participate with Chief Justice William M. Barker and Justices Janice M. Holder and Cornelia A. Clark.
Wade explained his decision to step down from the case in a separate order, also filed Thursday.
“My own nomination and eventual appointment as an associate justice is a part of the history of this litigation,” Wade wrote. “… While I hold no preconceived opinions regarding the merits of the issues presented and have no reservations about exercising my duty under the law, it is my desire to avoid even the appearance of impropriety.”
Two court vacancies were created with the Aug. 31 retirements of Justices Anderson and Adolpho A. Birch, Jr. The governor appointed Wade June 6, 2006, to succeed Anderson, but the remaining vacancy sparked the litigation involving who is eligible to fill the fifth seat on the court.