And who wants to visit the mayor in his skybox?

Holy smokes! They have the audio on-line! OMG! Listen! The source of the rabble.... He ain't no good old boy or part of any machine.

Now, we, in our typical way must pull apart the comments made in the article.

Here's a link to the LEAD story on WATE: (link...)

Make sure you look at the video and notice the men in blue at the back of the room. Then tell me if it is legal to attend a political function in your county/city-issue uniform.

And in the video of Cunningham's speech, he suggests that Dale Young get a lawyer and demand an apology from the Daily Times (like James Wright did). Can a public official (elected) sue a paper for reporting what citizens say about the performance of their duty?

"Now, we, in our typical way must pull apart the comments made in the article."

Similar to a former CIA funded rebel getting what he wanted (bankrupting the US economy with a Forever War), if we babble on and on, about something as insignificant as one's fear of public perception, then we merely feed fuel to the fire of: "See. I told you so. Look what they're writing." The Internets can be a two edged sword.

Blow off the comments, and stick to the Progressive path of accepting all, questioning methodology, fighting for rights and logic, and protecting the future of a sustainable Blount County.

Uh, not to be confused with hilarity.

In every comment that the I have made relative to issues involving Blount County and Judge W. Dale Young and the KATHY WRIGHT CASE, I have owned my comments by placing my name, address, phone number (and even my picture) to the comments. And this is characterized by Jerry Cunningham as anonymous?

For the record, no one in Blount County government nor the Daily Times (after Rick Laney was apparently removed from reporting on the Wright, Calixto and White cases) has contacted my office to investigate their collective interpretation of the facts of the Wright case, with one exception: The office of Judge W. Dale Young contacted my office to tell me that Kathy Wright's scheduled hearing on November 14, 2007, of her numerous petitions had to be rescheduled due to Judge Young's illness.

Yea, sure, I am going to Jerry's office and confront him? Last time I checked, Jerry is the County Mayor, which makes him a member of the executive branch of Blount County government. Dale is a member of the judicial branch. Doug Overbey, whom I consider a personal friend, is a member of the legislative branch (though he does practice law).

Whatever happened to the concept of 'separation of powers'? Oh, I forgot that this is Blount County.

Thomas F. Mabry
P. O. Box 52385
Knoxville, TN 37950

Fax 1-888-215-3119
Phone 1-865-271-9224

If Jerry Cunningham wasn't wearing his County Mayor hat (as he said), presumably meaning that his position isn't relative to his participation, than why start the meeting by asking all the county "officeholders" to identify themselves? And Doug Overbey, AND Senator Finney, who sent his "regards." This is blatant use of position for the purpose of bolstering Judge Young while discrediting others, and potentially affecting the outcome of the cases. The ongoing cases.

Mayor Cunningham spent a good bit of time explaining that the Code of Judicial Ethics prevent Dale Young from attending an "event like this" when the litigation is still ongoing. Apparently, there aren't other ethics rules that prevent Mayors, Assistant Mayors, and State Legislators from doing the same. And did I hear Cunningham right? WAS CRAIG GARRETT (ATTORNEY FOR THE MEN IN 2 OF THE 3 CASES) PRESENT AT THE RALLY FOR JUDGE YOUNG WHILE THERE IS IMPENDING LITIGATION? AND MIKE HICKMAN, THE FORMER ATTORNEY FOR MR. CALIXTO?

I'm hoping that at least, since Cunningham stated he wasn't up there as Mayor, our tax dollars won't go toward defending him if Mrs. Calixto (neither public official or figure) sues him for slander.

Comment to the blog of Michael Silance:

A meeting last night at the Blount County Library that was advertised as a rally to support embattled Circuit Court Judge W. Dale Young turned out to be a partisan Republican event to criticize the Daily Times and bash ordinary citizens who dare to speak out and ask questions.

And this: While there are many important points to consider in today's The Daily Times article about the rally for Judge Young, I can't get past my embarrassment of hearing our county mayor talk about "testicular fortitude."

I think that he was talking about us, but whatever he was saying is lost on me because all I can think is..."he did NOT just say 'testicular fortitude.'"

It wouldn't surprise me if these are the same people who back the watering down of the Open Meetings Act.

Posted by Michael Silence on November 28, 2007 at 10:41 AM>

Greetings all:

Apparently Mayor Jerry Cunningham has 'investigated' the case of Kathy H. Wright vs. James C. Wright, Knox Chancery
Docket number 14777532-2, as he commented as reported in The Daily Times: "You know the furniture that was burned to stay warm, that was furniture awarded to that man by the court — it was his momma’s antique furniture — and his ex-wife set it on fire,” Cunningham said, though not citing the source of his information.

Perhaps Mayor Cunningham, a lawyer, is not aware of Rule 3.6 of the Rules of Professional Conduct for lawyers in the State of Tennessee. Rule 3.6 provides, in pertinent part:

"Rule 3.6
TRIAL PUBLICITY

(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding . . ."

Initially, one comment is incorrect: momma Wright's furniture was NOT awarded to Mr. Wright, in fact, the matter of the award of momma Wright's "antique" furniture was never litigated and Kathy Wright would testify under oath that momma Wright gave Kathy joint ownership of the burned furniture.

Where else would Jerry arrive at his conclusion without discussing this matter with attorney Jim Wright? It is interesting that Mayor Cunningham and Jim Wright have a legal history: Jim Wright represented Mayor Cunningham in a malpractice suit in 1988 in the matter of Anthony v. Felknor and Cunningham, et. al. Of course, in his public support of Judge Young, and being associated professionally and perhaps personally with Jim Wright, Mayor Cunningham would not be biased toward Jim Wright against Kathy Wright, now would he?

Of course, bloggers should not be silenced unless the truth be silenced as well. Again, as said elsewhere, Jerry never contacted my office to get facts . . . and in his comments to the throng gathered on November 27, 2007, Jerry Cunningham failed to mention that his high school friend was presiding over a case where his former attorney is a litigant.

Hummm . . .

Note: this author does not necessarily represent the views of disciplinary counsel for the Tennessee Board of Professional Responsibility and leaves any interpretation of Rule 3.6 to the appropriate authority.

Thomas F. Mabry
P. O. Box 52385
Knoxville, TN 37950

Fax 1-888-215-3119
Phone 1-865-271-9224

Correction: Wright v. Wright is a Knox County case, NOT a Blount County case: Knox Chancery Docket number 147753-2 . . . Not to belabor the point, but Wright v. Wright is a a Knox County case being heard by an 'embattled' Blount County judge. Judge Young is 'embattled' in significant part because of his voluntary participation in the Wright v. Wright case-Judge Young chose NOT to remove himself from presiding in the Wright case when requested to do so.

There are 95 counties in the State of Tennessee and countless judges who preside outside of Blount County, TN. In fact, in March, 2006, one of these judges, John Rollins of Coffee County (Manchester) held a judicial settlement conference addressing many issues raised by the Wright litigants including the Order of Protection issue . . . Kathy Wright even filed a joinder of Knox Chancery Docket number 147753-2 with the case over which Judge Rollins presided because of the similarity of the issues presented . . . though the joinder motion was denied, all Knox County judges voluntarily recused themselves as did Judge Dale Workman because he felt that a judge unfamiliar with Jim Wright and his law practice should preside over major-"unretracted"-issues raised in Rick Laney's original article.

TFM

Thomas F. Mabry
P. O. Box 52385
Knoxville, TN 37950

Fax 1-888-215-3119
Phone 1-865-271-9224

Sure looks like this story is getting more watered down the more it moves out of the area, unlike the original story on the legal immigrant. Considering the issue was three cases reported and the rally* was about two of those cases, I expect to soon read a west coast report that is simply mayor supports judge.

I can't help thinking one of the major universities will use all of this in their Comparative Media Studies program.

(link...) (link...)
(link...)
(link...)

Thanks for the updated links R. From the Tri-Cities to Memphis with two outlets in Nashville, this story sure is getting a lot of attention. I heard the Mayor had designs on higher office. Maybe he shouldn't have followed the Ragsdale plan.

For the GOP politicians who seem intent on hitching their ride to the Mayors, you may want to try something less dangerous like running with siccors or drinking lead paint.

If he had wanted to "investigate" as throughly as RL did one or two phone calls would have gotten him access to any and all of Ana's docummentation.

Remember AB, the mayor "garnished" his facts down at the courthouse. He and Laney didn't go to high school together, and we know the Mayors circle of influence only includes the good ol boys. Laney just hasn't been around long enough to accommodate Cunningham - “Because it’s not The Daily Times I grew up with."

They just won't report the truth as he sees it anymore - Oh the hubris!

In the audio the mayor jokes with someone called Sherry about who she would or would not employ. Since the BT's website is broken and I never seem to find a copy of the print version could someone tell us if they covered this event in print?

Maybe the website is broken because they are wanting to clear it of any blogger* comments which they may or may not have on there.

But what does, "A reporter should examine his or her own Cultural values, and avoid imposing those values on others" mean? I'm trying to grasp every possible translation of this, and for the life of me, cannot understand what is implied by "Cultural Values".

Geez, I still have not heard from Jerry-I suppose that he does not read these blogs, which would not surprise me as Jerry would have had to visit Dale Young's office to review the thousands of pages of documents in the Wright file prior to making his public statements on Tuesday night-after all, this is not a Blount County case. If Jerry is carrying out his duties as county mayor, it would seem ludicrous for him to spend countless hours reviewing the Wright file, hence my skepticism of his comments. The Wright case, after all. is a Knox County case. I'm not certain, but it appears that Jerry may have received his information on Wright v. Wright from the offices of the Daily Times' legal counsel prior to the 'retraction' of Rick Laney's article, hence Jerry apparently received only information that attorney Jim Wright would want him to receive and transmit to the public.

But I digress.

More importantly, Jerry's verbal comments as posted by the DT have been reviewed.

As I recall, I took a mandatory class in Constitutional Law as a portion of my law school education. To reiterate, Jerry is the County Mayor, which makes him a member of the executive branch of Blount County government. Dale Young is a member of the judicial branch. Doug Overbey is a member of the legislative branch. Jerry's mix of the three independent branches of government by friendship, proxy or otherwise is an outrageous display unbecoming of a former United States attorney. And one wonders why the perception of the legal profession by the public is so low.

The relevance of Jerry Cunningham's comments escape me as does the outpouring of 'public sentiment' (150 people of a population of 160,000 in Blount County) for Judge Young at the 'non-political' meeting on Tuesday.

Stay tuned. More will be revealed.

Tom Mabry

Thomas F. Mabry
P. O. Box 52385
Knoxville, TN 37950

Fax 1-888-215-3119
Phone 1-865-271-9224

There's a powerful letter to the editor in the Daily Times today on the topic of immigration: ((link...)).