The Nashville and Davidson County Metro Council is scheduled to meet Monday evening for the purpose of voting on an interim successor to former State Rep. Justin Jones (D-Nashville).
Jones was expelled from the Tennessee House of Representatives on Thursday in a 72 to 25 vote for breaking numerous rules of the House one week earlier on Thursday, March 30, the day over a thousand protestors rioted at the State Capitol and attempted to enter the chamber of the House of Representatives by force.
Former State Rep. Justin Pearson (D-Memphis) was also expelled from the Tennessee House of Representatives on Thursday on the same charges, though State Rep. Gloria Johnson (D-Knoxville) missed expulsion that day by one vote, 65 to 30, because seven Republicans determined that she broke fewer rules of the House than Jones or Pearson.
Article 2, Section 15 of the Tennessee State Constitution specifies the procedure for filling a vacancy in the Tennessee House of Representatives.
Section 15. Vacancies. When the seat of any member of either House becomes vacant, the vacancy shall be filled as follows:
(a) When twelve months or more remain prior to the next general election for legislators, a successor shall be elected by the qualified voters of the district represented, and such successor shall serve the remainder of the original term. The election shall be held within such time as provided by law. The legislative body of the replaced legislator’s county of residence at the time of his or her election may elect an interim successor to serve until the election. (emphasis added)
The Tennessee State Constitution explicitly uses the term “successor” to identify who may be elected to serve the remainder of the original term, which in the case of former State Rep. Jones extends to January 2025, the date at which members of the Tennessee House of Representatives elected in the November 2024 general election will be sworn in as members of that body for the two year term that will conduct legislative sessions in 2025 and 2026.
Most vacancies that have occurred in the 227 year history of the Tennessee General Assembly are the result of the death or resignation of the legislator elected in the prior November’s general election. Vacancies created by the expulsion of a member of either House are rare, the last such expulsion occurred in September 2016 when former State Rep. Jeremy Durham was expelled. Durham had been defeated by current State Rep. Sam Whitson (R-Williamson County) in the August 2016 primary election. Whitson was elected to the Tennessee House of Representatives in the November 2016 general election.
Dictionary.com defines successor as “a person who succeeds another in office, position, or the like.”
By that definition, the Tennessee State Constitution provides that Nashville and Davidson County Metro Council “may elect an interim successor” to serve until the special general election, but that interim successor can not be former State Rep. Justin Jones, since he is not “another person.”
Similarly, former State Rep. Jones would not be eligible to run in the special election in 2023 to select a permanent successor for the remainder of the original term, but would be eligible to run for another two year term in the November 2024 general election.
The current session of the Tennessee General Assembly is expected to continue for another three weeks, possibly another four weeks.
NBC News reported that 23 members of the 39 members of the current Metro Nashville Davidson County Council intend to vote for Jones as the interim successor. Mayor John Cooper has also encouraged the council to select Jones as the interim successor.
There are 40 seats in the Metro Council but only 39 members. One member, former Metro Council Member-At-Large, Steve Glover, resigned and has not been replaced.
Earlier this year, the Tennessee General Assembly passed a bill, signed into law by Gov. Bill Lee (R-TN), that reduces the size of the Metro Nashville/Davidson County Council from 40 to no more than 20, a move described by some supporters as good government, and by opponents as retribution for the council’s failure to support efforts to bring the 2024 Republican National Convention to Nashville. Council redistricting maps are currently being drawn, and elections for the new larger council districts could happen as early as August, when the mayoral election is scheduled.
In the event the Nashville/Davidson County Metro Council votes to name former State Rep. Jones as the interim successor on Monday, the procedure by which that selection is transmitted to the Tennessee House of Representatives and how the Tennessee House of Representatives will respond remains uncertain.
In determining whether to seat a member, the The Tennessee House of Representatives is governed by its own rules, Tennessee statutes, and the Tennessee State Constitution.
Tennessee House Speaker Cam Sexton has previously stated that if the Nashville/Davidson Metro Council chooses to offer an interim successor to fulfill the remaining term of former State Rep. Jones until a special general election is held, the House will address that issue when it is presented.
Should the Metro Council vote on Monday to name former State Rep. Jones as “interim successor” to the seat from which he was expelled, House Republicans are likely to object to his reinstatement on Constitutional, statutory, and House rules grounds.
The constitutional grounds are that an expelled member of the House cannot be his own “successor,” and that, by legal definition, a successor must be another person.
Jones himself reportedly offered statutory grounds to object to his reinstatement. According to reports, prior to his expulsion Jones told State Rep. Brian Richey (R-Blount County) he wasn’t worried about being expelled because he was confident he would be appointed as his own interim successor by Metro Council. In the event this confidence arose from private conversations Jones had with Metro Council members, such a conversation would likely constitute a violation of the state’s Sunshine laws.
Finally, in his defense on Thursday, Jones mounted numerous personal attacks on members of the Tennessee House of Representatives, as well as the body itself, which would be considered a violation of the House rules. He called State Rep. Kumar “the brown face of White supremacy,” called numerous members racist, and also stated that the entire body was “dishonorable.”
With less than a month remaining in the current session of the Tennessee General Assembly, it seems unlikely that the potential reinstatement of former State Rep. Justin Jones will be resolved prior to the adjournment of that session.
– – –
Michael Patrick Leahy is the Editor in Chief of The Tennessee Star and The Star News Network.
Photo “Justin Jones” by Tennessee General Assembly. Background Photo “Tennessee House Floor” by Tennessee General Assembly.
Rep Gloria Johnson was also voted on to be expelled. Durning her process on Congress floor she had a lawyer mount a defense. “ she did not hol the megaphone therein she did not participate in the demonstration to the level of expulsion. – weak keep representatives gave her the allowance and did not expel her. The next day Rep Gloria Johnson went News stated . “ the only reason I did not get expelled was I am a white woman the expelled Reps are black… Which indicates, 1) she was a behind the scenes leader of the demonstration 2) Her devence which saved her was a blantant lie. 3) She called the Congress raciest. If the Congress does not sanction her and immediately remove her , possible charge her for presenting a lie defense this sort of insurrection madness Organized Gather a crowd mentality will never end. Also AOC just publicly Advocated for Biden to ignor The Judicial branch of Government. This is insurection. She should be immediate be removed from committee unless it is true Congress are afraid of strong woman of color. . If she starts going on press calling racism she should be ejected from Congress. Remember 1) Trump could not finish wall because he followed constitutional rules. 2) Pelosi kicked MTG off committees 3) Pelosi would not allow Republicans on hoax j6 committee . Until republicans grasp a pair stamp the fires out as the are noticed. The communist win. Normal people lost in the fog of Progressive Propaganda.
Less than 10% of registered voters bothered to vote in the last “Democracy” exercise when this clown ran against another clown in the last election. So, around 5.8% of registered voters who love “Democracy” give a crap about this guy in his district. 90% love “Democracy” so much they didn’t waste their time voting.
I propose that if in any district or election, less than 50% of registered voters do not participate, the “winner” of that “Democracy” election not be seated. We’d have 4-8 duly elected representatives in Tennessee under that rule, which would be too few for a quorum and therefore we could dispense with the J created “Democracy” farce.
Karen Bracken, I agree 100% Gloria Johnson IS a disgrace to the office and everyone that kept her in, I pray that you are outsted!!! She isn’t one bit sorry for what she did. All of you that kept her in…..are you sorry for what you did? You SHOULD BE!! You kept a deep Socialist in the office that does NOT represent her constituents. Why does she alway win by ~1000 votes. I think I know why and I am going to fight to get her out, in the next election.
cobra commander will no doubt be back after today’s metro council meeting
casssssssssssting hissssssss votessssssssssss
Justin got his 15 min of Fame. He is so narcissistic he probably believes Obama gives a crap about Black’s. He lives in a Mansion on the Ocean in the VERY, VERY WHITE neighborhood of Martha’s Vineyard
IMO the only dishonorable racist is Mr. Jones. He was expelled because of his disgraceful behavior not because he was black but he uses his race to get what he wants and that is showing a lack of respect for all people of color. I also believe Ms. Johnson should have been expelled too. The fact is she too broke the rules and participated in disrupting the House proceedings. It should not matter to what degree she broke the rules. She always has been a disgrace to the office. The guy that voted present for the 2 black legislators and deceived
his fellow Reps by changing his vote in support of Johnson needs to polish up his resume because he will not be returning in 2025.
Why was Steve Glover’s seat not filled by the council? Talk about a lack of representation. How about investigating that Tennessee Star????
RE-expel them again, and again, and again. DO NOT allow these bums to ever again step upon the floor of the House. Otherwise, the Republicans will send a message that this type of behavior is condoned. DO…NOT…GIVE…IN.
Meet the new clown same as the old clown
All he has to do is put on a wig and become Justine Jones
Yep, and the cowards and commies will be reinstating the insurrectionist cuz they scared of rioting.
Justin Jones, The Obama of Nashville. Just cannot wait to stir up more controversy.