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IN THE SPECIAL SUPREME COURT OF TENNESSEE AT NASHVILLE

) ) ) ) ) ) Appellant/Petitioner, ) ) v. ) ) ) ) GOVERNOR BILL HASLAM, ) LIEUTENANT GOVERNOR RON RAMSEY, ) SPEAKER BETH HARWELL, ) SENATE JUDICIARY CHAIRMAN ) MAE BEAVERS, ) HOUSE JUDICIARY CHAIRMAN ) ERIC WATSON, ) CHIEF JUSTICE CORNELIA CLARK, ) ATTORNEY GENERAL ROBERT COOPER ) On behalf of the Attorney General's Office ) and all appellate judges appointed and ) subsequently retention elected under ) T.C.A. 17-4-101 et seq, and ) CRIMINAL APPEALS JUDGE ) JEFF BIVENS ) ) Appellee/Respondent. )

JOHN JAY HOOKER, On behalf of himself and other qualified voters and potential Candidates for the seat held by Judge Bivens and on behalf of all litigants with pending or impending cases before the Appellate Courts

Case No. M2012-01299-SC-R11-CV On appeal from Davidson County Circuit Court Case No. 12C735

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REPLYTOTHERESPONSEOFTHEATTORNEYGENERALREGARDINGTHEMOTIONSTO DISCLOSE,TOTAKEJUDICIALNOTICE,ANDTHEMOTIONTOFILETHELETTERREGARDINGTHE MOTIONTODISCLOSE _____________________________________________________________________________ BACKGROUND Obviously, the Attorney General is technically disqualified in this case, because he was appointed by the members of the Supreme Court, who have disqualified themselves because they have an interest in the subject matter of this case. Furthermore, the Attorney General may again in 2014 be a candidate for reappointment by the Supreme Court,

notwithstanding the fact the Attorney General has an interest in the subject matter of this case. While this lawyer has not objected to the Attorney General claiming the act is not unconstitutional under TCA 86109(b)(9) this lawyer must object to the Attorney General not disclosing the apparent fact that all Defendants have not consented in writing to the Attorney General representing them. The Attorney General has failed to inform the members of this Special Supreme Court that certain Defendants have publicly and privately asserted that the Retention Election Statute is unconstitutional, which the Attorney General is required to do undertheRulesofProfessionalconduct,Rule8Section1.7. Furthermore, this lawyer, acting as a public citizen, in accordance with the Rules of Professional conduct challenging the rectitude of that official action has not consented to the Attorney Generals failure to disclose the conflicts of interest that exist between the Attorney General, under TCA 86109(B)(9) and the Defendants. Apparently, the Attorney General has determined to support the constitutionality of the Retention Election statute TCA 174101 et seq., without informingthe members of this Court that the Defendantmembers of the Legislature claim the act is unconstitutional and have not consented not to have that have thatfactdisclosedtotheCourt. Therefore,thereisaconflictbetweentheAttorneyGeneralsdeterminationstosupport the Act with the Defendants claim that the statute is unconstitutional. Under the Rules of Professional conduct the Attorney General cannot represent conflicting interests without an informed consent in writing from all Defendants who claim the statute is unconstitutional. Apparently, the Attorney General has not secured from the Defendants, who have a conflict of interest with the Attorney General, an informed consent in writing as evidenced by the fact thattheAttorneyGeneralhasnotfiledanydocumentsinthatregard. ARGUMENT TheAttorneyGeneral,insteadofrespondingto theMotionsthatobviouslyrelatetothe aforesaid filings, instead determined to respond to the Disclosure Motions as if those motions weremadeunderRule14oftheTennesseeRulesofAppellateprocedure.Obviously,theywere not made under Rule 14.Therefore, this lawyer argues that the Attorney General forthwith has a duty to inform the Court of the aforesaid conflicts and inform the Court of certain DefendantsclaimsthattheActisunconstitutional. It would appear to this lawyer under the Attorneys oath that the Attorney General under his oath and under the Rules of Professional Conduct must advise the Court of the true facts so that the Court can decide this case which reaches the highest public interest, with full knowledge of the true facts involving due process of law for every litigant who has any case before the Appellate Courts of Tennessee and as well involves the right of the people of Tennessee to have selfgovernment in accordance with Article I Section 1 of the Declaration of Rights mandating that, all power is inherent in the People and Article VI 3 and 4, mandatingthatallJudgesbeelectedbythequalifiedvoters.

Therefore, it is obvious that the Retention Election statute is unconstitutional as it provides that the Judges shall be appointed by the Governor. It would appear that since the Governor sponsored the Constitutional Amendment to constitutionalize Retention Elections that the Governor, through the Attorney General or otherwise has a duty to this Court and likewise a duty to the qualified voters of the State and or district to acknowledge under the Governors oath to support the Constitution that requires him to take care that the laws are faithfully executed, that in his opinion the Retention Election statute is unconstitutional, as otherwisetherewouldbenoneedforaCONSTITUIONALAMENDMENT. Respectfullysubmitted

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_________________________________ JOHN JAY HOOKER, BPR #005118 115 Woodmont Blvd. Nashville, Tennessee 37205 Phone (615) 269-6558 Cell (615) 479-6531 Fax (615) 383-6036 johnjayhooker@hpeprint.com

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CERTIFICATE OF SERVICE

I hereby certify that a true and exact copy of the foregoing has been sent via First Class mail, postage prepaid and email and or fax, to:

Janet Kleinfelter Deputy Attorney General Public Interest Division Office of the Attorney General P.O. Box 20207 Nashville, Tennessee 37202 William A Blue, Jr. Constangy, Brooks, and Smith, LLP 401 Commerce Street, Suite 700 Nashville, Tennessee 37219 Jacqueline B. Dixon Cindy Wyrick Allan F. Ramsaur Tennessee Bar Association Tennessee Bar Center 221 4th Avenue North, Suite 400 Nashville, TN 37219-2198 Patricia Head Moskal Edmund S. Sauer Bradley Arant Boult Cummings, LLP 1600 Division Street, Suite 700 P.O. Box 340025 Nashville, TN 37203 Attorney General Robert Cooper, Jr. Attorney General for the State of Tennessee P.O. Box 20207 Nashville, TN 37202 On this the 27th day of November 2013.

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______________________________ John Jay Hooker ajg