Staff Writer

The scheduled speaker for the October meeting of the Lakeway Chapter of the Tennessee Firearms Association was unable to attend but Mike Faulk filled in at the last moment. The group met at Shoney's Restaurant in Morristown.

The meeting opened with Tim Nunan presenting a brief explanation of jury nullification. Many potential jurors are not aware that an accused person can be found not guilty because the law itself is bad. More information about jury nullification is available from the Fully Informed Jury Association at www.fija.org.

Mike Faulk is a civil attorney in Hawkins County and is seeking the Republican nomination for the state senate for the fourth district. He has some experience as a criminal attorney as a rotationally appointed defense council prior to the current public defender system in Tennessee.

Faulk recounted one trial in which a man killed his grandfather with a garden hoe. The killer was found insane by state doctors but also treatable with medications in order to stand trial. Charged with first-degree murder, the jury found the man guilty of involuntary manslaughter. The maximum sentence was 24 months in prison and the man had already spent 30 months in jail awaiting trial. While not technically a case of jury nullification the event does illustrate the authority of jurors to think for themselves.

Faulk went on to say that jury selection is probably the most important part of any trial. Attorneys often research potential jurors lives in order to seat a jury that may be sympathetic to their client. He also said that in this state the judge is considered to be the 13th juror. In other words, the trial judge has the authority to set aside a jury verdict. Faulk also said that judges are hesitant to do that because they face close scrutiny by peers and electors alike following such action. He added that he believes that juries almost always get it right. Faulk has appealed only about seven percent of his cases following a jury decision.

"I am a lean conservative," he said. He explained that legislative bodies are passing too many laws and many of them lack common sense. "We've messed up by trying to be all things to all people." Faulk said less government is better. He told the group that he is a gun owner and hunter and frequently carries a handgun on his person along with a state issued carry permit.

Ed Baldwin is a staff writer for the Claiborne Progress. He can be reached via e-mail at ebaldwin@claiborneprogress.net.