Kenny W. Armstrong - Tennessee Administrative Office of the Courts

44 Pages·2013·18.52 MB·English

The Governor's Commission for Judicial Appointments
State of Tennessee
Application for Nomination to Judicial Office
Name: Kenny W. Armstrong
Office Address: Shelby County Courthouse, 140 Adams Ave, Room 335
(including county)
Memphis (Shelby County), Tennessee 38103
Office Phone: [phone] Facsimile: 901-222-3909
Email Address:
Home Address:
(including county)
Home Phone: _____ Cellular Phone:
INTRODUCTION
The State of Tennessee Executive Order No. 34 hereby charges the Governor's
Commission for Judicial Appointments with assisting the Governor and the people of Tennessee
in finding and appointing the best and most qualified candidates for judicial offices in this State.
Please consider the Commission's responsibility in answering the questions in this application
questionnaire. For example, when a question asks you to "describe" certain things, please
provide a description that contains relevant information about the subject of the question, and,
especially, that contains detailed information that demonstrates that you are qualified for the
judicial office you seek. In order to properly evaluate your application, the Commission needs
information about the range of your experience, the depth and breadth of your legal knowledge,
and your personal traits such as integrity, fairness, and work habits.
This document is available in word processing format from the Administrative Office of
the Courts (telephone [phone] or 615.741.2687; website http://www.tncourts.gov). The
Commission requests that applicants obtain the word processing form and respond directly on
the form. Please respond in the box provided below each question. (The box will expand as you
type in the word processing document.) Please read the separate instruction sheet prior to
completing this document. Please submit original (unbound) completed application (with ink
signature) and eight (8) copies of the form and any attachments to the Administrative Office of
the Courts. In addition, submit a digital copy with electronic or scanned signature via email to
[email protected], or via another digital storage device such as flash drive or CD.
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THIS APPLICATION IS OPEN TO PUBLIC INSPECTION AFTER YOU SUBMIT IT.
PROFESSIONAL BACKGROUND AND WORK EXPERIENCE
1. State your present employment.
Chancellor, Part III, Shelby County Chancery Court, 30th Judicial District, State of Tennessee
2. State the year you were licensed to practice law in Tennessee and give your Tennessee
Board of Professional Responsibility number.
11973, BPR # 6900
3. List all states in which you have been licensed to practice law and include your bar
number or identifying number for each state of admission. Indicate the date of licensure
and whether the license is currently active. If not active, explain.
Tennessee (BPR # 6900)
Date of Licensure: September 22, 1973 (Active)
4. Have you ever been denied admission to, suspended or placed on inactive status by the
Bar of any state? If so, explain. (This applies even if the denial was temporary).
5. List your professional or business employment/experience since the completion of your
legal education. Also include here a description of any occupation, business, or
profession other than the practice of law in which you have ever been engaged (excluding
military service, which is covered by a separate question).
a. United States Department of Justice, Assistant United States Attorney, Criminal
Division (August 1973- June 1974)
b. United States Air Force, Legal Officer (June 1974- June 1978)
c. Private Practice (June 1978- December 1996)
d. Shelby County Chancery Court, Clerk and Master (January 1997-August 2006)
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e. Shelby County Chancery Court, Chancellor, Part III (September 2006- present)
f. My spouse owns and operates a for-profit daycare center located in Memphis. The
real estate involved is jointly owned by us. Ten years ago, we owned another daycare
center for four years, which I assisted her in operating but was not involved in the
day-to-day operation of the center.
6. If you have not been employed continuously since completion of your legal education,
describe what you did during periods of unemployment in excess of six months.
I Not applicable
7. Describe the nature of your present law practice, listing the major areas of law in which
you practice and the percentage each constitutes of your total practice.
I Not applicable
8. Describe generally your experience (over your entire time as a licensed attorney) in trial
courts, appellate courts, administrative bodies, legislative or regulatory bodies, other
forums, and/or transactional matters. In making your description, include information
about the types of matters in which you have represented clients (e.g., information about
whether you have handled criminal matters, civil matters, transactional matters,
regulatory matters, etc.) and your own personal involvement and activities in the matters
where you have been involved. In responding to this question, please be guided by the
fact that in order to properly evaluate your application, the Commission needs
information about your range of experience, your own personal work and work habits,
and your work background, as your legal experience is a very important component of
the evaluation required of the Commission. Please provide detailed information that will
allow the Commission to evaluate your qualification for the judicial office for which you
have applied. The failure to provide detailed information, especially in this question, will
hamper the evaluation of your application.
As an Assistant United States Attorney with the Department of Justice, Criminal Division, my
section supervised all federal prosecution of youth offenders and offenses committed in federal
penal institutions. Experienced trial attorneys in my section also conducted grand jury
investigations and prosecuted federal prison officials who were involved in various offenses in
our federal prison system.
During my first three year in the Air Force, I worked in the base legal office. In addition to
reviewing procurement contracts and providing legal advice to commanders regarding personnel
matters, I prosecuted Air Force members charged with courts-martial offenses. My final year in
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the Air Force, I was assigned to Headquarters USAF, Washington, D.C. and located at
Blytheville, Air Force Base in Blytheville, Arkansas where I served as an area defense counsel.
In that position, I represented Air Force members in courts-martial and before administrative
discharge boards convened at Blytheville Air Force Base and at other bases as assigned by
Headquarters USAF.
After completing my four year military obligation, I entered private practice in Memphis and
handled a variety of cases. I represented defendants in criminal matters in state courts in
Tennessee and Arkansas and in federal court in the Western District of Tennessee. As plaintiffs
counsel, I represented clients in personal injury cases, workers' compensation claims, social
security disability claims and insurance loss claims. Very early in my practice I handled Title VII
claims against the Army Depot and the Federal Reserve Bank here in Memphis. Like most
attorneys in a general practice, I drafted wills, admitted wills to probate, and handled uncontested
and contested divorce cases.
In my position as Clerk and Master of Shelby County Chancery Court, I managed an office staff
of approximately 20 employees and frequently served as a Special Chancellor. At the request of
one of the Circuit Court judges, I also served as a Special Judge in Circuit Court hearing his
Friday motion calendar when he had a scheduling conflict.
Since my election as Chancellor, Part III, I have handled hundreds of complex cases, some of
which involved issues of first impression.
9. Also separately describe any matters of special note in trial courts, appellate courts, and
administrative bodies.
At a time when a number of small churches in the Christian Methodist Episcopal (CME) Church
connection were considering withdrawing from the connection, I successfully represented the
CME Church against a local congregation that withdrew from the connection and then attempted
to control the local church property. Although the church property was titled in the name of the
local church, we were able to establish that their connection with the general church
denomination resulted in the general church denomination as owner of the church property rather
than the local congregation.
This outcome effectively neutralized the movement of small churches withdrawing from the
CME connection.
10. If you have served as a mediator, an arbitrator or a judicial officer, describe your
experience (including dates and details of the position, the courts or agencies involved,
whether elected or appointed, and a description of your duties). Include here detailed
description(s) of any noteworthy cases over which you presided or which you heard as a
judge, mediator or arbitrator. Please state, as to each case: (1) the date or period of the
proceedings; (2) the name of the court or agency; (3) a summary of the substance of
each case; and (4) a statement of the significance of the case.
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I was appointed Clerk and Master of Shelby County Chancery Court on January 1, 1997 and
served in that position until August 31, 2006. I was elected Chancellor, Part III of Shelby County
Chancery Court in a countywide general election in August 2006. My eight year terms started on
September 1,2006 and ends August 31, 2014.
Examples of noteworthy cases decided are as follows:
Kenneth T Whalum, Jr. v. Richard L. Holden, in his official capacity as Shelby County
Administrator ofE lections, Shelby County Election Commission, and their official capacities all
members oft he Shelby County Election Commission, including Robert D. Meyers, Norma Lester,
George C. Monger, IlL Dee Nollner and Steve Stamson; and Kevin Woods (entered August 13,
2013, Shelby County Chancery Court, Part III)
• This was an election case arising out of the race for the Shelby County School Board
District 4 position in which Plaintiff Whalum was defeated by Intervenor Woods by 106
votes. Plaintiff Whalum sought to set aside the election because the Election Commission
erroneously assigned voters who resided in District 4 to other district races and also
assigned voters who did not live in District 4 to vote in the District 4 race. Finding that
there was clear uncertainty about the election outcome because of inadvertent mistakes
by the Election Commission, I held that without a new election there would always be
legitimate questions about the actual winner of the race and ordered a new election. The
decision to overturn an election is noteworthy because of the public policy preference to
not disturb election results.
Morgan Keegan & Company, Inc. v. Christian Brothers University Endowment Fund (entered
March 27,2013, Shelby County Chancery Court, Part III)
• This case was a Petition for Application for Vacatur of a FINRA arbitration award in
favor of Respondent Christian Brothers for losses it incurred on its investment in the
RMK family of bond funds managed and marketed by Petitioner Morgan Keegan. Under
my narrow scope of judicial review, I found there was insufficient proof in the record to
support a vacatur under the relevant state and federal arbitration statutes. This case was
significant because it required me to implement my decision within statutory confines
which limit the role of the Court in reviewing arbitration awards.
Walgreens Mail Service, Inc., f/k/a Walgreens Healthcare Plus, Inc. v. BlueCross BlueShield of
Tennessee, Inc. and Care mark Rx, Inc. (entered June 18,2009, Shelby County Chancery Court,
Part III)
• The sole issue in this case was whether the provision in Defendant BlueCross
BlueShield's mail order contract with Plaintiff Walgreens requiring its mail order facility
to be located in Tennessee or within 200 miles of Defendant's headquarters violated the
Any Willing Provider Act. Finding that the proximity requirement was a pretext for the
purpose of maintaining Defendant's exclusive mail order arrangement with Intervenor
Caremark Rx, I enjoined Defendant BlueCross BlueShield from imposing the
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requirement against Plaintiff Walgreens. This case was important because it was an issue
of first impression in Tennessee.
The State of Tennessee, ex rei The Board ofE ducation of The Memphis City Schools, and
Memphis Education Association v. The City Council ofM emphis, City Council oft he City of
Memphis (entered February 17, 2008, Shelby County Chancery Court, Part 111)
• This action was brought by Memphis City Schools against the Memphis City Council for
violating the "maintenance of effort" provisions in Tennessee's public education statutes
by reducing funding to the school district to an amount below the funding level provided
the previous school year. After reviewing the legislative history of our education statutes,
relevant Attorney General opinions and case authorities, I found that the Memphis City
Council was obligated to fund the school district as required by the "maintenance of
effort" provisions. This case was significant because it was an issue of first impression
and was subsequently affirmed by the Court of Appeals.
11. Describe generally any experience you have of serving in a fiduciary capacity such as
guardian ad litem, conservator, or trustee other than as a lawyer representing clients.
I served as the executor of a relative's estate in Probate Court in Shelby County.
12. Describe any other legal experience, not stated above, that you would like to bring to the
attention of the Commission.
In 2008, I attended judicial settlement conference training at Lipscomb University. This
mediation training was attended by a number of trial judges from across the state and by three of
our state Supreme Court Justices. Since completion of the class, I have successfully settled a
number of cases for the other two Chancellors. I also successfully settled one of my own cases
where the parties requested I mediate their case because of my familiarity with their dispute.
The case involved two brothers who owned five multi-screen movie theaters in Memphis,
Munford, and Jackson, Tennessee. The debt on these theaters was substantial and the brothers for
personal reasons could no longer agree to operate these theaters together. They each had
competing claims against the other for unaccounted monies. With my help over multiple
mediation sessions they were able to reach a settlement. The settlement was one I could not have
ordered if the case was tried.
The settlement required the older brother to assume a substantial amount of debt in return for
receiving three of the theaters and relinquishing his interest in the other two theaters in Memphis.
After the formal agreement was signed and the order of dismissal was entered, both brothers
requested to see me in chambers. They thanked me for spending countless hours helping them
work through their legal dispute and in the process mending their personal relationship.
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13. List all prior occasions on which you have submitted an application for judgeship to the
Governor's Commission for Judicial Appointments or any predecessor commission or
body. Include the specific position applied for, the date of the meeting at which the body
considered your application, and whether or not the body submitted your name to the
Governor as a nominee.
Not applicable
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EDUCATlON
14. List each college, law school, and other graduate school that you have attended, including
dates of attendance, degree awarded, major, any form of recognition or other aspects of
your education you believe are relevant, and your reason for leaving each school if no
degree was awarded.
Tennessee State University, 1965-1970, Bachelor of Science
• Electrical Engineering with Distinction
• Distinguished Air Force ROTC Cadet
• Society of American Engineers Award
Duke University School of Law, 1970-1973, Doctor of Jurisprudence
• Elected to Moot Court Board
PERSONAL INFORMATION
15. State your age and date of birth.
165;
February 11, 1948
16. How long have you lived continuously in the State of Tennessee?
138
years
17. How long have you lived continuously in the county where you are now living?
138
years
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18. State the county in which you are registered to vote.
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Shelby County
19. Describe your military service, if applicable, including branch of service, dates of active
duty, rank at separation, and decorations, honors, or achievements. Please also state
whether you received an honorable discharge and, if not, describe why not.
United States Air Force (June 1974- June 1978), Captain
Certificate of Competency as Trial and Defense Counsel (December 1974)
Honorable Discharge
20. Have you ever pled guilty or been convicted or are you now on diversion for violation of
any law, regulation or ordinance? Give date, court, charge and disposition.
21. To your knowledge, are you now under federal, state or local investigation for possible
violation of a criminal statute or disciplinary rule? If so, give details.
22. If you have been disciplined or cited for breach of ethics or unprofessional conduct by
any court, administrative agency, bar association, disciplinary committee, or other
professional group, give details.
23. Has a tax lien or other collection procedure been instituted against you by federal, state,
or local authorities or creditors within the last five (5) years? If so, give details.
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24. Have you ever filed bankruptcy (including personally or as part of any partnership, LLC,
corporation, or other business organization)?
25. Have you ever been a party in any legal proceedings (including divorces, domestic
proceedings, and other types of proceedings)? If so, give details including the date, court
and docket number and disposition. Provide a brief description of the case. This
question does not seek, and you may exclude from your response, any matter where you
were involved only as a nominal party, such as if you were the trustee under a deed of
trust in a foreclosure proceeding.
Yes; Leonard and Mary Hilty v. Kenny and Verline Armstrong, No. 90757-3
This was an action for specific performance of a real estate sales agreement my wife and I
entered into to purchase a home. Our sales agreement did not include a provision making the
closing contingent upon the sale of our existing home. Our home did not close as anticipated and
we were unable to close on the closing date included in the sales agreement. The Plaintiffs
obtained a judgment for specific performance and we closed on their property shortly after our
home sold.
26. List all organizations other than professional associations to which you have belonged
within the last five (5) years, including civic, charitable, religious, educational, social and
fraternal organizations. Give the titles and dates of any offices that you have held in such
organizations.
Greenwood CME Church, member, 1978-present
Lane College, Board of Trustees, 2004-2010
Baptist College of Health Science, Board of Trustees, 201 O-present
Sigma Pi Phi Fraternity, member, 1993-present
27. Have you ever belonged to any organization, association, club or society that limits its
membership to those of any particular race, religion, or gender? Do not include in your
answer those organizations specifically formed for a religious purpose, such as churches
or synagogues.
a. If so, list such organizations and describe the basis of the membership
limitation.
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b. If it is not your intention to resign from such organization(s) and withdraw
from any participation in their activities should you be nominated and selected
for the position for which you are applying, state your reasons.
ACHIEVEMENTS
28. List all bar associations and professional societies of which you have been a member
within the last ten years, including dates. Give the titles and dates of any offices that you
have held in such groups. List memberships and responsibilities on any committee of
professional associations that you consider significant.
Tennessee Judicial Conference, 2006-present
Continuing Legal Education and Specialization Commission, member, 1994-2000
Memphis Bar Association, Board Member
Shelby County Law Library Committee, member, 2000-2006
29. List honors, prizes, awards or other forms of recognition which you have received since
your graduation from law school that are directly related to professional
accomplishments.
Chancellor Charles A. Rond, Judge ofthe Year Award (2012)
30. List the citations of any legal articles or books you have published.
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Not applicable
31. List law school courses, CLE seminars, or other law related courses for which credit is
given that you have taught within the last five (5) years.
Bridge the Gap seminar for newly licensed attorneys
32. List any public office you have held or for which you have been candidate or applicant.
Include the date, the position, and whether the position was elective or appointive.
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