A Knoxville lawyer has walked away from an appointment by Gov. Bill Lee to serve on the state Court of Appeals.

Rachel Park Hurt said conversations with members of the Senate Judiciary Committee led her to believe that her nomination would not be confirmed.

Writing in the March 2026 edition of DICTA, a publication of the Knoxville Bar Association, Hurt said, “During (informal) meetings with members of the Senate Judiciary Committee, I was asked about my political contributions, a Facebook post, a KBA diversity award and my faith. These were the only questions that I was asked.

“I was not asked about my legal career, my judicial philosophy, my temperament, my writing experience, my ideas for the future of the Court … nothing.”

Hurt is president of the Knoxville Bar Association and a partner in the law firm Arnett Baker Draper & Hagood LLP.

State law on appellate appointments has been modified frequently over the years, in an effort to keep politics away from judges and judges away from politics. Perhaps that’s impossible.

The KBA published a harsh criticism of the process which read in part: “The Tennessee legislature’s recent injection of partisan politics into a judicial confirmation proceeding resulted in the loss of a supremely qualified nominee, a challenge to the integrity of the appointment process, an intrusion on the separation of powers in our State, and an infringement on the rights guaranteed by the Tennessee Constitution.”

In 2014, voters adopted a constitutional amendment that outlines how appointments shall be made. No mention is made of political party or religion.

In fact, Article 1, Section 4, of the Tennessee Constitution states: “no political or religious test, other than an oath to support the Constitution of the United States and of this State, shall ever be required as a qualification to any office or public trust under this State.”

Hurt and others interested in the position, which became open with the retirement of Judge D. Michael Swiney, submitted a detailed application to the Governor’s Council for Judicial Appointments. That committee vetted the applicants and submitted three names to the governor, who chose Hurt.

Legislative confirmation of judicial appointments entered the process with the 2014 amendment – probably because it had to pass both House and Senate twice.

References:

Ballotpedia summary of 2014 Constitutional amendment

Current members of the Governor’s Council for Judicial Appointments

Gov. Lee’s Executive Order that created his advisory council

Council sends three names to governor for upcoming Court of Criminal Appeals vacancy

Meanwhile, the Governor’s Council for Judicial Appointments met in Knoxville on March 5, 2026, to select nominees for the Court of Criminal Appeals Eastern Section vacancy following Justice Kyle Hixson’s elevation to the Tennessee Supreme Court. After holding a public hearing and conducting public interviews, the Council selected these nominees:

Paul Othneil Moyle IV – Currently the chief homicide prosecutor for Judicial District 11 (Chattanooga).

Stacy Lee Street – Currently a Criminal Court Judge for state Judicial District 1, four counties in Upper East Tennessee (since April 2013); previously was a criminal defense counsel. Licensed to practice law in TN in 1992.

Brennan Maureen Wingerter – Currently the director of the Appellate Division for the Tennessee Public Defenders. Licensed to practice law in 2012. Louisianna native; LSU grad; moved to Knoxville to attend Winston College of Law, University of Tennessee.

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