October 30, 2002: ACLU-TN Opposes Constitutional Amendment 2

For Immediate Release
30 October 2002

For More Information, Contact: Hedy Weinberg, Executive Director
615-320-7142

ACLU-TN Opposes Constitutional Amendment 2

The American Civil Liberties Union of Tennessee (ACLU-TN) Board of Directors has voted to oppose Constitutional Amendment Number 2, which would give the General Assembly authority to determine when the constitutional right to a jury trial would apply. Amendment Number 2 leaves solely to the General Assembly the determination of the amount of fine that would trigger the right to trial by jury.

ACLU-TN Executive Director Hedy Weinberg said the wording of Question 2 leaves the right to a jury trial too open ended and subject to possible abuse.

"The framers of the Tennessee Constitution understood that the right to a jury trial is very dear to the American people," Weinberg said. "While the current wording of the Constitution may be overly restrictive of a municipal government’s right to set reasonable fines for ordinance violations, the wording of Question 2 leaves too much discretion to the legislature."

Article VI, Section 14, of the Tennessee Constitution reads: "No fine shall be laid on any citizen of this state that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars."

Question 2, which is on the ballot for the Nov. 5 general election, reads: "Shall the Tennessee Constitution be amended by deleting Article VI, Section 14, in its entirety and by substituting instead the following:

"Sec. 14. The General Assembly shall prescribe the maximum fine that, absent waiver, may be assessed without a jury.

"Yes ____ No ____."

The effort to change the Constitution in this regard is being endorsed by municipal governments, which are not authorized to hold jury trials for ordinance violations. City officials maintain that a $50 fine is too small for many ordinance violations. Cities can impose fines greater than $50, but city prosecutors must try those cases in state courts.

"While $50 may be unreasonably low, this wording leaves open the possibility of setting the jury entry level unreasonably high. Suppose the Legislature set the level at $5,000 or $50,000. Then the accused would not be able to have his or her case heard by a jury for any fine below that level,” Weinberg said.

"Those seeking to change the Constitution should propose wording that allows a for a reasonable increase in the fine level, but still retains some constitutional protection for the right to a jury trial. “