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SHELBY COUNTY ELECTION COM'N v. TURNER

755 S.W.2d 774 (1988)

SHELBY COUNTY ELECTION COMMISSION, Plaintiff-Appellee, v. Kenneth A. TURNER, Charles R. Martin, and Shelby County Commission, Defendants-Appellants.

Supreme Court of Tennessee, at Jackson.

July 28, 1988.

Attorney(s) appearing for the Case

C. Barry Ward, Jeffrey A. Jarratt, Glankler, Brown, Gilliland, Chase, Robinson & Raines, Memphis, for defendants-appellants.

Walter L. Evans, Evans & Kyles, Memphis, for plaintiff-appellee.

Tennessee Council of Juvenile Trial Judges, J.D. Lee, Knoxville, amicus curiae.

OPINION

COOPER, Justice.

The primary issues on appeal are (1) whether a vacancy exists in the office of Clerk of the Juvenile Court of Memphis-Shelby County, Tennessee, and, (2) if so, when and how the vacancy must be filled. The answers to these issues depend, in the main, on the resolution of the issue of constitutionality of Chapter 629 of the Public Acts of 1988, amending T.C.A. § 37-1-211. The chancellor concluded that Article VI, Section 13 of...

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