An effort to remove a judge who ruled last year the COVID-19 pandemic was a valid reason for Tennesseans to vote by mail failed Tuesday, March 9, in a House subcommittee.

The bid by state Rep. Tim Rudd (R-Murfreesboro) and state Sen. Frank Niceley (R-Strawberry Plains) to remove Chancellor Ellen Hobbs Lyle came up short in the House Civil Justice Subcommittee. The measure was opposed by both Democrats and Republicans.

When the resolution was introduced in the House last month, it received immediate condemnation from bar associations, voting rights advocates and Democrats, who argued the effort threatened the independence of the judiciary.

Push to oust judge over absentee-vote ruling sparks outcry

In a statement, Memphis Bar Association President Peter Gee said the resolution “undermines Tennessee’s mandate for an independent and impartial judiciary and jeopardizes the separation of powers principles codified in and core to the Tennessee Constitution.”

Writing on Twitter, state Rep. John Ray Clemmons (D-Nashville) agreed.

“(I’m) proud to defend a judge who is the target of an unconstitutional legislative attack just for doing her job,” Clemmons wrote.

The resolution asked General Assembly leadership to appoint a committee to “consider” the removal of Lyle, a Nashville judge whose decision last year expanded mail-in voting in the 2020 primary and general elections.

The resolution argued Lyle committed “serious ethical violations and abused her authority by pursuing a personal and partisan agenda,” and “usurped the authority of State election authorities and this legislative body.”

Tennessee’s voting laws are fairly strict, and voters need to provide a valid reason not to vote in person. Lyle, who has served on the state chancery court for 20 years, ruled that fear of contracting COVID-19 was a valid reason to vote absentee. After an appeal, the Tennessee Supreme Court partially upheld her decision.

The subcommittee Tuesday only heard testimony from those opposed to the resolution.

Rudd asked to delay discussion for a few weeks because at least one of his witnesses was absent. Subcommittee Chair Andrew Farmer (R-Sevierville) co-sponsored the resolution, but he denied that request. Farmer also denied state Rep. Bruce Griffey’s (R-Paris) request for a roll call vote.

Dozens of House Republicans co-sponsored the resolution, including House Speaker Cameron Sexton (R-Crossville), but Griffey was the only subcommittee member who appeared to support the removal effort out loud. Dickson state Rep. Michael Curcio was among the Republicans opposed.

Retired Judge Joe Riley said the removal effort has had a chilling effect on some judges, who fear persecution from lawmakers for decisions they don’t like.

“Judges are out there now,” Riley said. “They’re aware of what Chancellor Lyle is facing today and they’re wondering, ‘if I render an unpopular decision in a hot case… do I stand a chance of losing my job?’”

“That statement scares the life out of me,” said state Rep. Antonio Parkinson (D-Memphis). “The influence on the judicial branch, it scares me.”

Riley is a former chief disciplinary counsel of the Tennessee Court of the Judiciary, a position in which he was required to hold judges accountable. He said he received a lot of frivolous complaints from parties who had lost.

“With all due respect,” he told the subcommittee, “it sounds eerily familiar with what I used to receive.”

“Someone lost,” he said. “They don’t like it. They believe the judge is biased. That’s another usual allegation. ‘It wasn’t fair and the judge didn’t follow the law.’”

The only difference with Rudd’s complaint is that it’s a bit more polished.

“It’s more sophisticated, properly drawn, but the result is the same,” Riley said.