House Judiciary Committee gives positive recommendations to two appellate court nominees

The Tennessee House Judiciary Committee on the floor recommended two judicial nominees to appellate posts after a public confirmation hearing that included questions about judicial philosophy, precedent and the role of mercy in sentencing.

Judge Valerie Smith, the governor’s nominee for the Court of Appeals, Western Section, received a positive recommendation by voice and roll call: 21 ayes, 0 noes and 1 present not voting, the clerk reported. Judge Stephen (Steve) Sword, the governor’s nominee for the Court of Criminal Appeals, Eastern Section, received a positive recommendation: 17 ayes, 0 noes and 4 present not voting, the clerk reported.

Erin Merrick, chief counsel to Governor Bill Lee, introduced both nominees and cautioned the committee about the limits of permissible questioning under the code of judicial conduct, saying the candidates “may not be able to answer” some questions that would risk impartiality. Merrick described Smith and Sword as “experienced and conservative and strong Tennesseans” and made them available for committee questioning.

Judge Valerie Smith told the committee she sees the role of a judge as interpreting statutes “as passed by this body and apply[ing] them to the facts in a neutral way.” Merrick told members Smith has served on the circuit court in Memphis since 2016, was previously an assistant district attorney for five years, spent about a decade in private practice and has handled thousands of cases on the bench; the committee record shows she “has disposed of over 4,000 cases” and has presided over many jury and bench trials.

Judge Steve Sword described the appellate function as error correction: “We’re in a position to review how the law has been applied to the facts in the trial courts,” he said. Merrick told the committee Sword has served on the Knox County criminal court since 2011, has been senior judge since 2020, previously spent 16 years as an assistant district attorney in Knoxville and has overseen hundreds of trials; the committee record shows he has presided over more than 350 jury trials, including more than 40 first-degree murder trials, and manages an active docket of roughly 600 pending matters.

Committee members asked the nominees about interpretive approaches, precedent and separation of powers. Smith and Sword both emphasized judicial restraint and fidelity to text. Smith cited Justice Clarence Thomas and Antonin Scalia as influences on restraint; Sword said he models accessible writing and questioning in the manner of Justice Brett Kavanaugh. On precedent, both said intermediate appellate courts should generally follow binding precedent unless it has become unworkable or a higher court has overruled it.

Lawmakers also asked how judges should balance mercy and justice. Smith described drawing on the tools available in civil and family law to craft remedies and cited efforts to avoid unduly harsh results where the law permits mitigation. Sword said Tennessee’s sentencing statutes direct judges to impose “the least onerous sentence that is consistent with accomplishing the purposes of the Sentencing Act,” and he said he seeks to extend mercy when it does not frustrate justice.

After the hearing the committee voted to recommend both nominees to the full House. The recommendations are advisory steps before any final appointment process the governor and legislative rules require.

The committee’s proceedings included a reminder from Merrick that judicial candidates are limited in the positions they may take on pending or likely cases under the code of judicial conduct, a point she made before questioning began.