Tennessee Senator Rosalind Kurita

On Tuesday, and again on Wednesday, in the final stretch of the primary campaign, voters across the city of Clarksville received oversized full color postcards in the mail from State Senator Rosalind Kurita, cards that drove spikes of criticism at Tim Barnes and his law practice. Barnes is challenging Kurita for her 22nd District Senate seat on today’s election.

Today a coalition of 38 area attorneys came to Barnes defense while simultaneously calling on Senator Kurita to retract her statements and stating unequivocably that her comments as written on this mailer (and recapped on television and radio ads) were “shameful, and beneath the dignity, and the honor, of a Tennessee Senator.”

In a matter of four hours, the legal community rallied, creating a full page block ad denouncing the “Smear Barnes” ads and obtaining hand-signed signatures of dozens of local “legal eagles” as part of a statement of support for Tim Barnes. (Complete ad text/signatures at end of story). The full page ad is slated to run in The Leaf Chronicle today.

Atty. Mark Olson, one of the signatories on the response ad, submitted the following statement to Clarksville Online late Wednesday evening (8.6.08):

“Kurita’s ads attack the very foundation of our legal system. They are intended to question the integrity of the system. Clarksville, Tennessee is blessed with courageous Lawyers and Judges. Each person has their own thoughts, and I do not presume to speak for my fellow Lawyers, however, I believe the Lawyers who signed this ad were shocked by the attacks on the legal system from someone who is responsible for writing laws. I have practiced with and against everyone who signed. I have practiced before every Judge in the County. The Lawyers represent their clients honestly, without regard to who they “are”, and the Judges judge fairly on the facts alone. Kurita’s ads suggest something different and that is very, very wrong.

We got this advertisement together in about four hours. Given more time, more Lawyers would have participated.

Tennessee Senate District 22 candidate Tim Barnes

The distortions and half truths in Kurita’s ads are almost too numerous to count. But that is not as great a concern as her lack of understanding of the legal process. As a lawmaker she should at least have a basic understanding of the legal system. She does not.

Kurita’s ads claim Tim Barnes works to release criminals. Only a judge or jury can find the accused not guilty and “release” them. And then, only after a fair trial. People in Montgomery County receive fair trials. If they are guilty, they are punished. Is she against the Jury system? If she is against the Jury, she does not trust the people of Montgomery County.

Kurita’s comments demonstrate contempt for the legal system and the people of Montgomery County. Each and every year that she has served as a Senator, Kurita has voted on a Tennessee state budget which includes money to be paid to lawyers for the defense of the indigent in Tennessee. Does this mean that she supports “criminals”? Could it be that her statements made about Tim Barnes are made because a lawyer is running against her? This makes one question her true motives, doesn’t it? Is win at any cost her game?

Tim Barnes’ main legal practice is adoption. He brings together children who need a family with parents who desperately desire a child. You wouldn’t know that from her ad, would you? Tim Barnes has done more to create families with one adoption than this woman has done in all her time in office.

–Mark Olson

The ads in question, was likely designed by the Nashville firm, Fletcher and Rowley, whose company logo is “It’s all about winning!” The postcard dealt not with the heated issues of the campaign or the issues — everything from the economy to health care to jobs — that challenge residents across the district and the state. Instead, it targeted the kind of legal services offered through Barnes’ law practice. Although Barnes’ legal practice is rooted in family and adoption law, he, like many other attorneys in every city and county in America, has defended people facing charges that may include driving under the influence, spousal abuse/domestic violence, and other crimes. But that is far from the whole story.

This eleventh hour ads came across as a rant against both the lawyer and his clients; by denegrating the former,  defendants are also deemed not worthy of being afforded a defense as guaranteed under the U.S. Constitution. Without the dedicated work by prosecution attorneys, defense attorneys, and judges, there is no justice under the law. Not every defendant is guilty, or found guilty under the law. No individual is less worthy of defense than another.

Click here to view the embedded video.

Across the board, every person this editor spoke with, who viewed these ads, were appalled by the contents.

Clarksville Online has posted two items, an editorial and a political commentary, addressing these issues and the District 22 campaign (As the August 7th primary nears, campaign strategy turns “ugly” and Tennessee Senate District 22: In case of emergency, unleash Fletch ).

The following is copy of the controversial oversized postcard ad:

The latest anti-Barnes ad sponsored by Sen. Rosalind Kurita cites Barnes as anti-family, pro-criminal. Barnes in fact specializes in adoption law, helping to create and solidify family life for children in need of good homes.

The "back" of the latest anti-Barnes ad implies that Barnes makes a living from freeing criminals when in fact Adoption work is a prime focus of his legal practice.

The following is a copy of the response to this postcard ad by area attorneys, followed by a list of those who endorsed the ad, and thus the integrity of Mr. Barnes: 

A slew of last minute negative media from the incumbent begs the question- Whatever happened to taking the high ground? Is the incumbent so fearful of her challenger’s appeal? After all, as the incumbent, shouldn’t your record speak for itself?

August 2nd was the close of early voting in Tennessee for the State and County primary ballot. The election Commission saw brisk and fairly steady traffic for most of the day. Many citizens are dismayed by tactics that have been attributed to the incumbent, Senator Rosalind Kurita. Phone canvassing is said to have been conducted among Black voters, urging them to get out on August 7th and vote for Senator Barack Obama and Senator Kurita. Since the presidential candidates are not listed on the August ballot whatsoever, this seems a deceptive ploy to solicit the Black vote.

Senator Kurita has not made much of a show in the Clarksville arena. Personal appearances have been low on the general public’s radar. She has, however, bombarded voters’ mailboxes with printed material, including glossy supersized postcards with unauthorized pictures of herself with Governor Bredesen, inferring a nonexistent endorsement. There’s that TV spot that berates her challenger for effectively seeking to collect judgments for his wronged clients.

Her campaign mailings proclaim dedication to helping lower high fuel and energy cost. Having just been appointed to the Governor’s Study Committee on Alternative Energy Technology and Production this Spring however, is not going to impact gasoline prices anytime soon or in the near future. The committee won’t even submit its preliminary organizing report until December.

She rejected the State Democratic Party stance on preserving HOPE Lottery Scholarship funds for only scholarships in favor of the Republican stance to set up a commission to dole out $99 million from the fund for K-12 school construction, focusing mainly on adoption of geothermal heating and cooling systems. There are 95 counties in this state. Recall that our own county commission, just this spring, rejected this alternative system as being too costly, despite its admitted environmental advantages.

Challenger Tim Barnes reminds voters that while she hails the senior citizen home nursing care reform legislation that passed this past legislative session, she, herself, did not vote for its passage. Financial disclosure reports show that Senator Kurita has received large donations from the nursing home industry lobby. They are her largest contributor.

While the senator’s party affiliation is officially Democratic, she did cast the lone vote to deny John Wilder continued tenure as Speaker of the Senate and as Lt. Governor. With that switched vote, the agenda and priorities of her party were placed on the back-burner of the state’s Republican Party bandwagon. Overnight, committee chairmanships were dramatically reassigned. Legislation favored by her own party has been repeatedly buried in committee or rejected on the senate floor. She voted with the Republicans to pass legislation which seriously cut some injured workers benefits under the state’s meager Workers Compensation Program. ( SB 3424- 5-20-04) The good senator has so faithfully supported the Republican Party cause that Knoxville and Memphis political pundits hail her as the GOP’s best asset. State Republican fundraisers have been directed by the new Lt. Governor to support her re-election campaign. One pundit has even intimated that, no matter what the outcome of this election, her party affiliation switch was practically written on the proverbial wall.

Kurita also voted with the Republicans to deny Senator John Wilder’s attempt to save the Tennessee Plan, the state’s method for selecting Supreme Court and appellate court judges. Wilder had heralded the plan as a sound method to shut out partisan politics in selecting judges. Kurita said she considered her vote, ‘procedural,’ not indicative of her stance on th Tennessee Plan. She wouldn’t declare her position on the plan, instead saying, “she’s a nurse and not an attorney.” In summing up the past legislative session, The Knoxville Sentinel has recognized her with its “Best Republican Democrat” award.

Challenger Tim Barnes, a Clarksville attorney with no nursing home industry lobbyist ties, has pledged to remain true to the Democratic Party priorities and issues. He has received the endorsement of many professional, collegiate groups and private citizens. The APSU College Democrats declared their support for Attorney Barnes and a punitive phonecall was placed to the TBR about the group’s action. The Tennessee Federation of College Democrats, TFCD, have also come out for Barnes. Will another phonecall follow their action as well? TFCD President Leah Kirk said, “College Students across the state are tired of the degrading acts of Senator Kurita to the Democratic party’s values and ideals in Tennessee,” Kirk said. “We are standing up for our issues. We need someone in the State Senate willing to vote with and for Legislators who care about minimum wage, HOPE Scholarship funding, as well as funding to allow more Tennesseans the opportunity to attend college,”

Barnes has received the support of the Tennessee AFL-CIO and Clarksville’s Labor Organizations United Together (CLOUT). CLOUT includes the Clarksville Montgomery County Education Association, the National Association of Letter Carriers Branch 364, the American Federation of Government Employees, the International Association of Machinists Union Local 1296, the Plumbers and Pipe Fitters, the Central Labor Council and the Clarksville Firefighters. Barnes benefits from having the support of the most prominent labor union in the state, which is heralded for their ability to mobilize voters in favor of their candidates.

Barnes’ campaign also has the endorsement of the United Auto Workers, International Brotherhood of Electrical Workers, State Association of Firefighters, United Steel Workers, Laborers 386, Machinists District 711, Tennessee Carpenters Regional Council, the Stage Employees Union, Communication Workers of America Local 3808, American Federtion of State County Municipal Employees L.L. 2173, the Building and Construction Trades, the University of Tennessee College Democrats. Additionally he has received support from former Governor Ned McWherter, House Speaker Jimmy Naifeh, Senate Democratic Leader Jim Kyle, Mike McWherter, Nashville Sen. Thelma Harper and Memphis Sen. Beverly Marrero.

Much of this intra-party opposition comes as a result of Senator Kurita’s vote to switch control of the senate to the Republican Party. She said her reason for aligning with the Republicans was because ’she wanted to be somebody.’ Was it not enough to be the District 22 Senator? Well, she is now Speaker Pro Tem of the Senate. This is a largely ceremonial position, true. In theory, she is now the Assistant Lt. Governor of Tennessee, but that is a non-existent position under the state constitution. It would also be another non-publicly elected state office which Kurita has consistently said she opposes. What other temptations draw the senator’s glaze: U.S. Senate, U.S. House of Representatives, the governor’s office, even? Was this all some form of ‘tit for tat’ for the Democratic Party’s failure to support her bid over Harold Ford Jr. for the U.S. Senate seat vacated by former Senator Bill Frist?

In January 2007, Senator Kurita said of her Senate Speaker vote, “It was purely a vote of conscience,” and “I have not asked for anything for myself.” [Leaf-Chronicle, January 11, 207] It would seem that pledge certainly was applied to the Democratic Party, which received only two of nine senate committee chairmanship appointments under new Speaker Ramsey. Former Speaker Wilder had given Republicans four of the nine senate committee chairs under his tenure.

Financial reporting records show Kurita had a substantial war chest with which to wage her re-election bid. The good senator is reported to have retained the services of Fletcher and Rowley, the renown Nashville public relations firm, known for negative advertising. According to the Nashville Post politics blog jam, Sean Braisted said her biggest expense was to Fletcher and Rowley. Nashville media political pundits have speculated whether she was feeling stressed enough to unleash the hounds at Flecther as the campaign draws to an end. Judging by the caliber of her recent campaign mailings, it would seem that she has decided time has come to get down and dirty with this campaign. How else would you explain mailings criticizing an attorney for providing constitutionally guaranteed legal counsel to those who need it?