Who will be the new Davidson County Judge?

04 October 2011 Categories: All Blogs, Family Law and Divorce

We have posted two different blogs that are turning out to have a lot in common. The first one was the discussion of Judge Soloman and the changes to the Davidson County Divorce Court. The second blog was regarding the retirement of Judge Haynes.

With Judge Haynes retirement, there has come into question what the role will be of the judge who will be appointed to replace her. There is still an opening to hear half of the divorce cases in Nashville, as Judge Soloman was doing before the change, so many people in the legal community feel that the new circuit judge would be the logical choice to hear domestic cases. This creates a few problems. The first is that some well qualified members of the legal community may not apply for the judgeship because they do not want to hear only domestic cases. It also has some legal community members applying that may have great experience in the divorce and domestic law fields, but not much in other fields.

Davidson County, because of the high number of cases, is one of the few counties that has a court set aside to hear divorce cases (and previously it had two divorce courts set aside). Many of the other surrounding counties rotate the divorce cases between all of the judges in that county.

After speaking with a few local judges that handle cases this way, they acknowledge there are pros and cons to each method. Having a designated court to hear divorce cases often speeds up the process as the court has a great knowledge of the law in that area and can help to move the cases forward. The downside to the designated court, however, is that the judges tend to burnout quickly after hearing the same type of case day in and day out (after all, judges are human).

Rotating the cases through different judges tends to help with the burnout problem, but because the judges hear all types of cases, they may not have as much knowledge of the domestic law. These courts typically have fewer court dates available for divorce cases as well, which can slow down the divorce process.

McNulty & Associates is anxious to see how the Davidson County Court situation plays out, and we will keep you updated as we hear any developments. We greatly appreciate the service of the judges in Middle Tennessee.

1 Response to “Who will be the new Davidson County Judge?”