Smith County, Tennessee Government Accountability

Failed In Understanding The Law

Judges Must Know and Apply the Law When Issuing Administrative Orders

Judges in Tennessee — like judges everywhere in the United States — are required to follow three layers of law when issuing any administrative order:

1. Federal law (ADA, Constitution, civil‑rights statutes)

2. State law (Tennessee statutes, Tennessee Constitution)

3. Binding case law (U.S. Supreme Court, Tennessee appellate courts)

Administrative orders cannot override any of these.

Below is a breakdown of the legal principles that require judges to know and follow the law when issuing orders like the one you uploaded.

1. Judges Are Required to Know the Law They Apply

Judges take an oath to uphold:

• the U.S. Constitution
• the Tennessee Constitution
• federal law
• state law

This means they must understand and apply:

• case law
• statutes
• federal civil‑rights requirements
• ADA Title II

A judge cannot issue an order that contradicts higher law.

2. Judges Must Follow the Supremacy Clause

The U.S. Constitution’s Supremacy Clause requires judges to follow:

• Federal law above state law
• State law above local rules
• ADA Title II above courthouse policies
• Constitutional rights above administrative orders

If an administrative order conflicts with federal law, the judge must follow federal law.

This is not optional.

3. Judges Must Follow Binding Case Law

Judges are required to follow:

• U.S. Supreme Court decisions
• Sixth Circuit decisions
• Tennessee Supreme Court decisions
• Tennessee Court of Appeals decisions

These cases are binding, not suggestions.

Examples of binding cases judges must know:

• Tennessee v. Lane — courts must provide ADA access
• City of Cleburne v. Cleburne — no arbitrary discrimination
• Bounds v. Smith — meaningful access to courts
• Griffin v. Illinois — no barriers to court access

A judge cannot issue an order that contradicts these rulings.

4. Judges Must Follow ADA Title II When Issuing Administrative Orders

Courts are public entities under ADA Title II. This means judges must ensure:

• equal access
• reasonable accommodations
• nondiscriminatory policies
• accessible entry procedures
• exceptions for disability‑related devices

If an administrative order bans:

• bags
• medical devices
• communication devices
• assistive technology

…without ADA accommodations, the judge is violating federal law.

5. Judges Must Follow Tennessee Law When Issuing Administrative Orders

Tennessee law requires courts to operate in compliance with:

• Tennessee statutes
• Tennessee Constitution
• Tennessee courthouse security standards
• Tennessee Human Rights Act

Judges cannot issue orders that:

• discriminate
• block access
• violate ADA
• violate state law
• exceed their authority

6. Judges Must Ensure Administrative Orders Are Not Arbitrary or Discriminatory

Under the 14th Amendment, judges cannot issue orders that:

• treat the public differently from insiders
• create two‑tier systems
• allow attorneys and staff to carry items the public cannot
• deny access without a legitimate reason

Selective bans violate Equal Protection.

7. Judges Must Ensure Administrative Orders Do Not Block Access to the Courts

The U.S. Supreme Court has repeatedly held that access to the courts is a fundamental right.

Judges cannot issue orders that:

• prevent people from entering
• block disability‑related devices
• deny access to medication
• create barriers to participation

If an order prevents someone from entering the courthouse safely, it violates:

• ADA Title II
• Due Process
• Equal Protection
• Tennessee Constitution Article I, § 17

8. Judges Must Ensure Administrative Orders Are Narrowly Tailored

Administrative orders must be:

• reasonable
• necessary
• non‑discriminatory
• narrowly tailored

A blanket ban on:

• all bags
• all electronic devices
• all items that “could secure a weapon”

…is overbroad, vague, and legally defective unless ADA accommodations and exceptions are provided.