THOMAS PATTERSON v. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY ET AL. - Articles

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THOMAS PATTERSON v. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY ET AL.

Posted by: Azya Thornton on Feb 12, 2025

Court: TN Court of Appeals

Attorneys 1: Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Thomas Patterson.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Matt Rice, Solicitor General; and Miranda Jones, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Safety and Homeland Security.

Attorneys 3: B. Thomas Hickey, Jr., Chattanooga, Tennessee, for the appellee, Bradley County, Tennessee.

Judge(s): USMAN

An administrative law judge entered an order of default against Appellant for failing to appear at a resetting of his contested case hearing on a civil asset forfeiture. On appeal, the Commissioner’s Designee for the Department of Safety and Homeland Security affirmed the administrative law judge’s entry of default, denying Appellant’s request to set aside the same order. Appellant appealed the Commissioner Designee’s decision to the Chancery Court, raising that the administrative officials lacked authority to default his case because they did not swear an oath of office commensurate with that sworn by judicial branch judges of the Tennessee state judiciary. The Chancery Court affirmed the administrative officials’ decisions. Appellant appealed to this court. We affirm.

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