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Local attorneys express interest in public defender's position

Published July 12th, 2009 | 0 Comments

Documents provided by Gov. Phil Bredesen’s office indicate a landslide of support for Assistant Public Defender Jeff Kelly to fill the public defender position, open since Bob Oaks’ death June 7 from a heart attack.

The governor’s office also has letters of interest from three local attorneys, including Kelly, regarding the appointment. The other interest is from Assistant Public Defender Bill Fransisco and Jerome Cochran, an Elizabethton attorney and a former state representative.

Bredesen is not bound by any requests for consideration or recommendations from anyone. The appointment is completely at his discretion.

“Governor Bredesen has not yet made this appointment, but will do so in a timely manner,” stated Lydia Lenker, Bredesen’s press secretary, in an e-mail correspondence on the matter.

After a public records request, the NET News Service received 15 letters from the governor’s office that were submitted on Kelly’s behalf. The letters include correspondence from four judges from the First District, attorneys from Kelly’s office — including Fransisco, who apparently drafted and signed the joint letter — attorneys from the District Attorney’s Office, public defenders from two other districts and several private attorneys.

After a second request to the governor’s office, the NET News Service received the resumes of Kelly, Fransisco and Cochran along with their letters asking to be considered for the appointment.

Kelly was narrowly defeated in the 2006 election for public defender by Oaks, and told Bredesen in his letter that he asked for consideration “with a heavy heart,” after the passing of his long-time friend and colleague. Kelly and Oaks worked together for many years at the public defender’s office before vying for the same position just three years ago.

“I hope the manner in which I have conducted myself in pursuit of this appointment has both honored and been respectful of Mr. Oaks, his family, and his work. They deserve no less,” Kelly stated in his June 27 letter to Bredesen.

Kelly has been an assistant public defender since 1987, first in Kentucky. In 1989, he came to the public defender’s office in Tennessee’s First District.

Fransisco, a co-worker of Kelly’s, also wants to head the public defender’s office, and even told Bredesen that he drafted the public defender office’s letter of support for Kelly.

Within a few days, however, fellow attorneys had told Fransisco they thought he would make a good leader for that office, so he’s thrown his hat in the ring. In his June 18 letter to Bredesen, Fransisco stated he felt it was appropriate that “I share with you a significant sentiment from the bar of this judicial district since June 11, 2009 and now request your consideration to appoint me as the District Public Defender.”

Fransisco said in his letter that he and Kelly talked about the fact both their names were circulating in the community as possibilities for the position and “he concurred that I would be a great District Public Defender.”

Cochran, who served two terms in the Tennessee House of Representatives before being defeated in the last election, said in his letter that he feels his experience in private practice running a law office coupled with his experience in the legislature gives him the skills needed to run the public defender’s office.

“I understand the need to provide effective legal counsel to clients while at the same time managing the office efficiently due to limited resources,” he stated.

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