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, et al.

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

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A MOTION IN THE HIGHEST PUBLIC INTEREST TO TAKE JUDICIAL NOTICE OF THE STATEMENT BY SENATE JUDICIARY CHAIRMAN BRIAN KELSEY DECLARING THE RETENTION ELECTION STATUTE IS UNCONSTITIONAL WHICH STATEMENT IS IN ACCORDANCE WITH THE PREVIOUS MOTION FILED NOVERMEBER 15TH 2013, INVOLVING STATEMENTS BY LT. GOVERNOR RON RAMSEY, SPEAKER OF THE HOUSE BETH HARWELL, CHAIRMAN REP. ERIC WATSON AND SENATORMAEBEAVERSCLAIMINGTHEACTISUNCONSTITUTIONAL. ______________________________________________________________________________ THEFACTS The fact is on November 21, 2013 Senator Brian Kelsey in an interview with the Tennessee Reports, which is posted on the Internet (https://www.youtube.com/watch?v=CCt23jcQXlA), the transcriptionofwhichprovides:


TNREPORTS: I know John Jay Hooker filed a motion and has challenged the Tennessee Plan demanding that the Governor and the Lt Gov and Speaker of the House as well as others be required to say under oath whether they believe the Retention Elections areconstitutional.DoyouthinkthecurrentsystemmeetsConstitutionalrequirements? SenatorKelsey: I think the current system is unconstitutional and thats exactly whyweneedtopasstheconstitutionalamendmentnextyear. TNREPORTS If the Judicial appointments amendment fails next November are yougoingto support establishingasystemforcompetitivejudicialelectionsforTennessees highercourts? SenatorKelsey: Myhopeis100%behindAmendment#2andIhopethateveryone votesYESonTwo,andIthinkitwillpass.

THEARGUMENT Consequently, this lawyer claims all the appellate Judges in Tennessee are unconstitutionally seated and therefore cannot dispense DUE PROCESS OF LAW, under Article I, 8, 19, of the Tennessee Constitution, as Senator Kelsey, Chairman of the Senate Judiciary Committee, likewise claims the ACT is unconstitutional. This circumstance together with the fact that Lt. Governor Ron Ramsey, Speaker of the House Beth Harwell, House Judiciary Chairman Eric Watson and former Senate Judiciary Chairman Mae Beavers have likewise, individually claimed that the Retention Election statute is unconstitutional, puts the integrity of the Tennessee Constitutioninjeopardy.Moreover,theGovernorofTennesseehasmadestatementsofwhich this Court can take judicial notice, claiming that there needs to be a constitutional amendment submitted to the people in November of 2014 so as to bring CLAIRITY to the constitutional issue. Furthermore it should be noted that the Governor has never claimed that the statute is constitutionalwithintheknowledgeofthislawyer. In conclusion the aforesaid persons including Senator Kelsey who is a lawyer, sworn to support theConstitution,tothebestofhisskillandabilitypubliclyclaimsasaforesaidthatthestatute is unconstitutional as do the other non lawyers who likewise under their oaths of office are sworntosupporttheconstitutionandundertheiroathhaveswornthattheyindividuallyunder theiroathsofoffice. .will in all appointments, vote without favor, affection, partiality, or prejudice, and that I will not propose or assent to any bill, vote or resolution, which shall appeartome,injurioustothepeople,orconsenttoanyactorthing,whatever,that willhavetendencytolessenorabridgetheirrightsandprivileges,asdeclaredbythe ConstitutionbythisState.

This lawyer believes that in view of the fact that all these public servants claim that the Retention Election Statute is unconstitutional the Court can take judicial notice of that fact in determiningtheConstitutionalityoftheAct.Thiscaseraiseswithoutdoubtthemostimportant questioneverdecidedbyaSupremeCourtofTennessee.

Respectfullysubmitted s
_________________________________ 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:

Senator Brian Kelsey 301 6th Avenue North Suite 7 Legislative Plaza Nashville, TN 37243 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 22nd day of November 2013.

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______________________________ John Jay Hooker ajg