KNOXVILLE, Tenn. — A veteran judge and two longtime attorneys are being considered for a seat on the state Court of Criminal Appeals for East Tennessee.
The Governor's Council for Judicial Appointments will hold a public hearing to consider Knox County Criminal Court Judge Steve Sword, defense attorney Bryce McKenzie and defense attorney Willie Santana when they gather 10:30 a.m. Dec. 5 at the Tennessee Supreme Court Building in downtown Knoxville.
All three applied to replace Judge Curwood Witt, who died in August.
The meeting will be open to the public.
Gov. Bill Lee will make the final decision.
Sword is a former Knox County prosecutor who has been a Knox County Criminal Court judge since 2011 when he was appointed by Gov. Bill Haslam. He's overseen numerous high-profile trials including that of Joel Guy Jr. and Norman Clark.
In his application, when asked if he would uphold the law "even if you disagree with the substance of the law...at issue," Sword responded that he'd endured personal attacks from multiple fronts for his sentence of a man accused of sexually abusing a family member. The 12-year sentence recently was upheld by the appellate court, he wrote.
"This sentence garnered extreme vitriol from certain individuals in other states and resulted in multiple death threats, social media attacks, and obscene mailings and packages. Although I may have personally wished to have given him a harsher sentence, I was bound to follow the sentencing laws."
McKenzie is a member of the respected Sevier County law firm Delius & McKenzie. He's a former law clerk for Curwood Witt, and he was licensed to practice law in the state in 2008, according to his application.
In his application, when asked if he would uphold the law as an appellate judge, he responded, "The job of a judge is to dutifully apply the law to the facts in each case. Judges are not legislators -- judges do not make law. In the private practice of law, I am constantly faced with situations in which I must advise clients that we cannot ethically pursue a cause of action or a defense because it does not comport with the law."
Santana has been an assistant federal defender in Greeneville since 2023. He's also been a visiting assistant law professor at Lincoln Memorial University's Duncan School of Law, a public defender in Hamblen County and a prosecutor in Knox County.
In his application, when asked if he would uphold the law as an appellate judge, he responded, "My experiences in the justice system have reinforced the importance of upholding the law as written, regardless of personal opinions. Having experienced both sides of the criminal justice system, I've developed a deep appreciation for the rule of law. This background has taught me that justice must be applied equally and consistently, based on the law as it stands, not on personal beliefs or circumstances."
