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Editorial Results (free)

1. Meritan’s Branch Named Among Top Nurses -

Cindy Branch, Meritan’s associate vice president for health services, has been selected to represent Tennessee as one of the nation’s top 50 home care and hospice nurses by the National Association for Home Care & Hospice and the Home Healthcare Nurses Association. Branch, a registered nurse, has oversight of Meritan’s nursing programs, including home health, private duty nursing and medical residential homes. She will be recognized at NACH’s annual meeting in October.

2. Gonitzke Named CEO of National Foundation for Transplants -

Connie Gonitzke has been appointed president and CEO of the National Foundation for Transplants. Gonitzke joined the Memphis-based organization in 2002 as a patient advocate. In 2006, she was named director of resource development, and in 2008, she became the senior vice president of development.

3. This week in Memphis history: November 8-14 -

1963: Mass immunizations against polio using the new Sabin oral vaccine began in Memphis and Shelby County

1933: The Tennessee Brewing Co. reopened for the first time in 15 years with the first bottles of Goldcrest beer, brewed and bottled in Memphis, delivered to stores by the Memphis company. The final state necessary to ratify the 21st amendment to the U.S. Constitution, the amendment that repealed the 18th amendment and ended national prohibition, would not approve the amendment for another month. But a Tennessee Constitutional convention had ratified the amendment in August.

4. Horseshoe Celebrates Newly Minted Millionaires -

Horseshoe Casino & Hotel Tunica recently hosted a Millionaire Maker dinner for eight of its weekly $1 million winners in the Millionaire Maker promotion dubbed “One Winner. One Million Dollars. Every Saturday.”

5. Events -

The Prosperity Series Memphis will host U.S. Learning CEO and author Don Hutson Wednesday, Jan. 30, from 8:30 a.m. to 10:50 a.m. at Memphis Botanic Garden, 750 Cherry Road. Cost is free for members and $149 for nonmembers. R.S.V.P. to huey@uslearning.com or 767-0000.

6. Events -

The Blues Foundation will host the 29th annual International Blues Challenge Tuesday, Jan. 29, through Saturday, Feb. 2, in Beale Street venues and other Downtown locations. Visit blues.org for a schedule and tickets.

7. Events -

Luna Nova presents the Robert Patterson Memorial Concert Monday, Jan. 28, at 7 p.m. in the Hardie Auditorium of Palmer Hall at Rhodes College, 2000 North Parkway. The program includes a new work titled “Mountain Paths” as well as works by several well-known composers. Cost is free. Visit rhodes.edu/music for details.

8. Gatewood Named Marketing Dir. At Methodist Healthcare -

Megan Gatewood has been promoted to marketing director at Methodist Healthcare. In her new role, Gatewood is responsible for developing and overseeing marketing strategies for Methodist’s adult hospitals, outpatient services and physician practices.

9. Tennessee Public Panels Inconsistent on Notices -

NASHVILLE (AP) – Tennessee has at least 200 boards and commissions that do everything from promoting soybeans to licensing dentists to overseeing the state’s colleges and universities. Almost all of them are required to invite the public to attend their meetings, but the way they do that is inconsistent at best.

10. GOP Uses Budget, Other Tools to Sap Financial Law -

WASHINGTON (AP) – Congressional Republicans are greeting the one-year anniversary of President Barack Obama's financial overhaul law by trying to weaken it, nibble by nibble.

Wary of attempting to dismantle the entire statute and being portrayed as Wall Street's allies – banks are among the nation's most unpopular institutions – GOP lawmakers are attacking corners of it. They can't prevail because they don't control the White House or Senate, but they may be able to force some compromises on agency budgets, pressure regulators and influence some of Obama's nominations.

11. ‘The Rat’ at Rhodes Gets Makeover -

Rhodes College has filed an $11 million permit with the city-county Office of Construction Code Enforcement to expand and renovate its main dining hall facility.

Known by students as “The Rat,” Catherine Burrow Refectory opened in 1958 and has three dining areas – Neely Hall, Hyde Hall and Rollow Hall. Smaller meeting rooms include the Alburty Room, the Davis Room and the Bell Room.

12. Wolfchase Auto Dealer Site Sells for $4M -

A Wolfchase auto dealership facility is officially changing hands and names.

First Tennessee Trust Department has bought the 48,085-square-foot auto dealership formerly known as Cadillac SAAB of Memphis, 7727 U.S. 64, for $4 million.

13. Menlo Bolsters Local Presence With New Lease -

Menlo Worldwide Logistics LLC is expanding its Memphis-area operations with a new 181,000-square-foot lease in ProLogis Park DeSoto in Olive Branch.

14. Center Stage -

Last week Kallen Esperian sent her world-renowned operatic soprano soaring through Calvary Episcopal Church.

The week before Ruby Wilson proved once again that she’s the Queen of Beale by beling out bluesy renditions at the historic church.

15. Wrangling Expected Before Juvenile Court Ruling’s Appeal -  

The loser was expected to appeal.

But the Shelby County Commission will have a debate at the very least and possibly a close vote before any appeal of this week’s Tennessee Court of Appeals ruling on a second Juvenile Court judge’s position is approved.

A three-judge panel of the appeals court ruled this week that the Shelby County Commission cannot fill a second Juvenile Court judge’s position.

The ruling not only reverses a Chancery Court ruling and plans by a majority on the Commission, it also holds that part of a private act by the Tennessee Legislature is unconstitutional. Passed in 1967, the law provided for a second judge’s position.

The commission was not unanimous when it voted to create the position but did not fill it.

The move in early 2007 by the commission prompted Juvenile Court Judge Curtis Person Jr. to file the lawsuit the appeals court ruled on this week.

“It’s always been very clear, to me anyway, that this power could never be delegated by the Legislature,” Person, a former state legislator, told The Daily News.

“A court without a judge is an anomaly,” he added, quoting from the court ruling. “It was something that I felt I had to do to protect the court and to determine the future of the court. Therefore it had to be dealt with. It’s a huge constitutional issue.”

Hot air ahead

Person noted it is the second ruling of its kind from an appeals court panel on the issue in the past year. The previous lawsuit involved a city court created in the city of Jellico, Tenn.

“This opinion is much longer and has a lot more detail in it … about why it can’t be done,” Person said.

Commissioner Deidre Malone, who led the charge for the second judge’s position, said Monday she was disappointed by the decision. But she also said she would ask the commission to appeal the ruling to the Tennessee Supreme Court.

“My recommendation is going to be that we appeal,” Malone said. “My hope is that we kick it up to the state Supreme Court.”

The possibility of an appeal came as no surprise to Person.

“Certainly they have that right,” he told The Daily News.

Commission Chairwoman Joyce Avery was opposed to the second judgeship and praised the court’s decision.

“I think the court ruled in a correct manner. I always felt that Judge Person was elected as judge and he should remain as judge without two judges,” Avery said.

The differing opinions that remain are an indication that more debate is ahead before the commission decides on an appeal.

“There will be a lot of debate,” Avery said at the end of a nearly four-hour meeting with a relatively short agenda that did not include word of the ruling. “As you’ve seen today, commissioners like to talk.”

Catch-22

In 1967, Person supported passage of the private act in his role as a state legislator. The legislation unified what had been separate juvenile courts in Memphis and Shelby County.

The commission’s action and the appeals court ruling focused on a part of the private act known as “Section 20.”

The section created a second division of the unified Juvenile Court and authorized the County Commission to appoint a judge to that division.

The legislation also included a clause that said if Section 20 was ever declared unconstitutional, the rest of the legislation would stand on its own.

“We have concluded, however, that the General Assembly did not create or establish a court because it did not provide for the judgeship,” read the appeals court opinion written by Judge Patricia J. Cottrell. “While the General Assembly may have begun the process of establishing a court, it did not complete it. Because we find that Division 2 was not created in 1967, and, in fact, has not existed since that time, we find this argument by the commission inapplicable.”

Appeals court Judges Frank G. Clement and Richard H. Dinkins agreed for a unanimous opinion.

Chaotic times

Malone proposed the second judge’s position following Person’s election in the 2006 county elections. Avery and other critics argued the drive to create another position was a response by those who backed Veronica Coleman-Davis, who lost to Person in the election.

Malone and proponents argued a second and even third or fourth judgeship would not cost the county any more money and could replace a system of Juvenile Court referees who work under the Juvenile Court judge. The system of referees was put in place during the 40-year-plus tenure of the late Kenneth Turner, who did not have a law degree.

Person also served as a referee during Turner’s tenure as Juvenile Court judge.

He argued more than one judge controlling the direction of the court would create “chaos” and insisted the system of referees works well.

Critics of the current system pointed to other criminal and civil courts that operate efficiently with multiple divisions and one judge who serves as the administrative judge, usually on a rotating basis.

But Person points to a footnote in this week’s ruling that he said demonstrates the unique nature of Juvenile Court.

“Judges have duties regarding administrative aspects of the courts,” the footnote reads. “In order for a judge to perform these ministerial duties, it is necessary to know whether the Juvenile Court is composed of one or two divisions.”

Oops, their bad

Commissioner Steve Mulroy, a law professor at the Cecil C. Humphreys School of Law at the University of Memphis, said the opinion was a “strained reading of the 1967 act’s text.”

“We should have the Tennessee Supreme Court decide this matter once and for all,” he said.

Person’s suit also alleged a violation of the state open meetings law following the first vote in late 2006, just weeks after Person won an eight-year term as Juvenile Court judge.

Malone acknowledged some private discussion with other commissioners prior to the first vote.

Weeks later, she moved to rescind the action and take a second vote. The resolution was approved again.

The appeals court ruling held the second attempt was all the remedy that was needed to the violation of the state law.

“Where … the governmental body acts quickly and decisively to correct any mistake in its procedure, the primary goal of the Open Meetings Act has been accomplished,” said the ruling. “We do not believe that the Legislature intended to hinder such correction of error, but rather to encourage it.”

...

16. Appeals Court Sides With Person in Juvenile Court Lawsuit -  

The Tennessee Appeals Court ruled Monday that the Shelby County Commission cannot fill a second Juvenile Court judge’s position.

The ruling not only reverses a Chancery Court ruling and plans by the Commission. It also holds that a private act by the Tennessee legislature passed in 1967 which provided for a second judge’s position is unconstitutional.

The commission was not unanimous when it voted to create the position but did not fill it.

The move in early 2007 by the commission prompted Juvenile Court Judge Curtis Person Jr. to file the lawsuit that the appeals court ruled on this week.

Commissioner Deidre Malone, who led the charge for the second judge’s position, said Monday she was disappointed by the decision. But she also said she would ask the commission to appeal the ruling to the Tennessee Supreme Court.

“My recommendation is going to be that we appeal,” Malone told The Daily News. “My hope is that we kick it up to the state supreme court.”

Commission chairwoman Joyce Avery was opposed to the second judgeship and praised the court’s decision.

“I think the court ruled in a correct manner. I always felt that Judge Person was elected as judge and he should remain as judge without two judges.”

The differing opinions that remain are an indication that more debate is ahead before the commission decides on an appeal.

“There will be a lot of debate,” Avery said at the end of a nearly four hour meeting with a relatively short agenda that did not include word of the ruling. “As you’ve seen today, commissioners like to talk.”

Malone proposed the second judge’s position following Person’s election in the 2006 county elections. Avery and other critics argued the drive to create another position was a response by those who backed Veronica Coleman-Davis, who lost to Person in the election.

Malone and proponents argued a second and even third or fourth judgeship would not cost the county any more money and could replace a system of Juvenile Court referees who work under the Juvenile Court Judge. The system of referees was put in place during the 40 year plus tenure of the late Kenneth Turner who did not have a law degree.

Person also served as a referee during Turner’s tenure as Juvenile Court Judge.

He argued more than one judge controlling the direction of the court would create “chaos” and insisted the system of referees worked well.

Critics of the current system pointed to other criminal and civil courts that operate efficiently with multiple divisions and one judge who serves as the administrative judge, usually on a rotating basis.

Person voted for passage of the private act in his role as a state legislator before becoming a referee. The legislation unified what had been separate Juvenile Courts in Memphis and Shelby County.

The commission’s action and the appeals court ruling focused on a part of the private act known as “section 20.”

The section created a second division of the unified Juvenile Court and authorized the County Commission to appoint a judge to that division.

“We have concluded, however, that the General Assembly did not create or establish a court because it did not provide for the judgeship,” the appeals court ruled in an opinion written by Judge Patricia J. Cottrell. “While the General Assembly may have begun the process of establishing a court, it did not complete it. Because we find that division 2 was not created in 1967, and, in fact, has not existed since that time, we find this argument by the Commission inapplicable.”

Appeals court judges Frank G. Clement and Richard H. Dinkins agreed for a unanimous opinion.

The ruling noted that both sides in the lawsuit agreed that the Tennessee Constitution bars the legislature from delegating its authority to establish and create “inferior” courts including Juvenile Courts. Citing an 1879 Tennessee Supreme Court ruling, Cottrell wrote that the definition of a court includes “a judge or chancellor performing the judicial functions.” The court also ruled in 1916, “The presence of a judge or judges is necessary as an essential element of a court.”

...

17. UPDATE: Appeals Court Rules No Second Juvenile Court Judge -

The Tennessee Appeals Court ruled today that the Shelby County Commission cannot fill a second Juvenile Court judge’s position.

The ruling not only reverses a Chancery Court ruling and plans by the Commission. It also holds that a private act by the Tennessee legislature passed in 1967 which provided for a second judge’s position is unconstitutional.

18. One Week Later: Historic Mayoral Era Turns to New Beginnings -

Just more than a week ago, Methodist minister Frank McRae opened a gathering at City Hall that was Memphis Mayor Willie Herenton’s farewell.

McRae talked about what he termed the “passing parade of politicians.”

19. Theatergoers off to See the Witches -

By the pricking of Pat Halloran’s thumbs, something “Wicked” this way comes.

The president of the Orpheum Theatre said that even though the highlight of this season is more than a month away, tickets are disappearing like magic.

20. AIG Bonuses Won't Stand, Dem Senators Declare -

WASHINGTON (AP) - Talking tougher by the hour, livid Democrats confronted beleaguered insurance giant AIG with an ultimatum Tuesday: Give back $165 million in post-bailout bonuses or watch Congress tax it away with emergency legislation.

21. Judge: Will Rule in Week on Merrill Bonus Case -

NEW YORK (AP) - A judge said Friday he will decide within a week whether Bank of America Corp. has to turn over a list of performance bonuses given to the 200 highest paid employees of Merrill Lynch & Co.

22. Stanford Bank’s Investors Go Home Empty-Handed -

ST. JOHN’S, Antigua (AP) – Venezuela on Thursday seized a failed bank controlled by Texas billionaire R. Allen Stanford after a run on deposits there, while clients were prevented from withdrawing their money from Stanford International Bank and its affiliates in a half-dozen other countries.

23. Democrats at Work to Tap Bailout for Automakers -

WASHINGTON (AP) – Congressional Democrats are marshaling support for a rescue package to pump $25 billion in emergency loans to U.S. automakers in exchange for a government ownership stake in Detroit's car companies.

24. Events -

MPACT Memphis will meet for lunch today at noon at Flying Fish, 105 S. Second St. For more information or to R.S.V.P., contact Frank Langston at flangston@gmail.com.

Rhodes College will host a presentation by David Gillikin of Vassar College and David Goodwin of Denison University on their work with mussels today at 2:30 p.m. in Frazier Jelke B on the Rhodes Campus, 2000 North Parkway. For more information, call Kesler at 843-3557.

25. Shoemaker Financial's Allen Earns Circle of Excellence -

Frank Allen, a certified financial planner and financial adviser with Shoemaker Financial, has achieved the Circle of Excellence award from Securian Financial Services for his performance in 2007.

26. Perrin to Oversee Orpheum's Fundraising Efforts, Special Events -

The Orpheum Theatre announced Jim Perrin has been named vice president of development. Perrin previously served as the president of Junior Achievement of Memphis & the Mid-South Inc. In his new position, he will oversee the Orpheum's fundraising efforts, special events and other projects.

27. Halle Investment Sees Sales Potential in Collierville -

Halle Investment Co. needed just one day to sell all 56 lots at its latest development, the Hartwell subdivision in Collierville - further proof that while the housing market is soft elsewhere, it remains strong in the affluent suburb of about 40,000 people.

28. Events -

The Mid-South Area Business Travel Association (MSA-BTA) will hold its monthly luncheon today from 11:30 a.m. to 1 p.m. in the Tower Room, 5100 Poplar Ave. Cost is $20 for MSA-BTA members and $30 for nonmembers. To register, visit www.msabta.com or call LaShawn Hampton at 218-6056.

29. Dixon Gallery and Gardens Appoints Sharp as Director -

The Dixon Gallery and Gardens Board of Trustees has appointed Kevin Sharp as the museum's new director. Sharp received a bachelor's degree in art history from Central Missouri State University and completed graduate studies at the University of Illinois in art history and architecture. He previously served as the research curator for The Art Institute of Chicago and as the curator of American art at the Norton Museum of Art in West Palm Beach, Fla.

30. Estate Planning Council Elects Officers -

The Memphis Estate Planning Council announced the following officers for 2005-2006: David B. Jones, president; Frank E. Davis, vice president; Jeffrey E. Thompson, secretary; James L. Ferguson Jr., treasurer; and Mike Wood, immediate past president. Other executive committee members are Kermit B. Kaiser, Leanne W. McCullough, Samuel N. Graham and Teresa R. Hurst.

31. Archived Article: Newsmakers - Rhodes Psychology Professor to Serve as Diversity Delegate at Leadership Conference

First Horizon Exec Named to Fed Advisory Council

J. Kenneth Glass was appointed to a one-year term on the Federal Reserve Boards Federal Advisory Council. Glas...

32. Archived Article: Newsmakers - Crye-Leike CEO Named Secretary of International Organization

New Assistant District Attorneys Appointed

Shelby County District Attorney Bill Gibbons announced the reappointment of former assistant district attorney Ray Lepone and the appointme...

33. Archived Article: Newsmakers - Armstrong Allen attorneys chosen for Best Lawyers

Memphis Estate Planning Council Elects Officers

The Memphis Estate Planning Council announced the following 2004-2005 officers: Mike Wood, president; David B. Jones, vice president; Frank E. Da...

34. Archived Article: Newsmakers - MAAR Elects Board of Directors

MPD Names Public Information Officer

Larry Godwin, interim director of the Memphis Police Department, selected Sgt. Vince Higgins to serve as the departments new public information officer. Higgins, a 14-year vet...

35. Archived Article: Newsmakers - e-photo) Rebecca DeRousse was named assistant administrator of Baptist Rehabilitation-Germantown

Kiwanis Club Names Luttrell Lawman of the Year

The Kiwanis Club named Shelby County Sheriff Mark H. Luttrell Jr. as Lawman of the Year for the Lou...

36. Archived Article: Events - The Society of Entrepreneurs hosts Five Family Companies, Five Different Strategies for the Continuation of the Business fro

The Society of Entrepreneurs hosts Five Family Companies, Five Different Strategies for the Continuation of the Business ...

37. Archived Article: This Week - Child Advocacy Center Hosts Valentines Auction

Child Advocacy Center Hosts Valentine Auction February 10

The Center City Revenue Finance Corp. meets at 9 a.m. at the Center City Commission offices, 114 N. Main St. Call Nicole Hernandez at 575-...

38. Archived Article: Comm Focus - Retiring employees should explore all options

Retiring employees should explore all options, bankers say

By STACEY WIEDOWER

The Daily News

When faced with an early retirement decision an option many FedEx employees have found themselves ...

39. Archived Article: Donation (lead) - By Stacey Wiedower Library seeks donors to get Hunt-Phelan artifacts By Stacey Wiedower The Daily News The Mississippi Valley Collection housed in the University of Memphis library might soon contain even more insight into the citys rich cultural he...

40. Archived Article: Law Focus - Planned giving can take a bite out of tax burden Planned giving can take a bite out of tax burden By KATHLEEN D. BARK The Best Times Having a valuable asset can sometimes cost the owner. Take, for example, a large stock holding or a piece of real es...

41. Archived Article: Attorney Graph - Attorney Attorney Judgments Amount ------------------------------------------------ ----------- -------------------------- Gordon & Feldbaum 226 $220,174.79 Baer Baer & Baer 220 $348,622.30 Mccullough Law Firm ...

42. Archived Article: Metal (lead) - By LAURIE JOHNSON American Metal Sales breaks ground in DeSoto By LAURIE JOHNSON The Daily News American Metal Sales Inc. broke ground Wednesday on an 85,200-square-foot manufacturing plant in DeSoto County that is expected to employ about 40 worker...

43. Archived Article: Calendar - Dec Dec. 16 The American Business Womens Association, Cotton Belles chapter, will meet at the Racquet Club, 5111 Sanderlin Ave. Networking begins at 5:45 p.m., and dinner will be served at 6:15 p.m. The program will include the Dixie Cotton Boll Qua...

44. Archived Article: Calendar - Dec Dec. 8 Women of Achievement will host its annual forum, Women in the Civil Rights Movement: Then and Now, at the Community Foundation, 1900 Union Ave., from 6 p.m. to 8 p.m. The panel will include Frances Dancy Hooks, a 1997 Women of Achievement...

45. Archived Article: Calendar - Sept Sept. 8 The Laurelwood Business and Professional Women will meet at Davis-Kidd Booksellers, 387 Perkins Road Extended from 5:30 p.m. to 8 p.m. For more information, call 685-0495. The Shelby County Republican Womens Club will meet at 11 a.m. at...