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Tennessee Judge Who Renamed Child Now Facing Judicial Misconduct Charges

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

Seal of TN JudiciaryLast August, this blog had the story of Cocke County, Tennessee child support Magistrate Judge Lu Ann Ballew who arbitrarily ordered parents to change the first name of their seven month old child.  Jaleesa Martin and Jawaan McCullough had decided on their child’s first name, but were not able to agree on whether his surname should be that of his mother or his father.  It was Judge Ballew who ordered the parents of seven month old Messiah McCullough Martin they had to change the child’s first name and change his birth certificate. Judge Ballew opined, “The word Messiah is a title, and it’s a title that has only been earned by one person, and that one person is Jesus Christ.”

In a rambling interview with local television, Judge Ballew tried to explain her reasoning. The reporter asked her what if the child had been named Jesus, a popular name in the Spanish speaking community. The judge stammered, finally declaring that to be irrelevant. The reporter did not press the issue and ask about the use of Mohammed/Muhammed by many Islamic families. Her answer to that would have been…..interesting. Here is the interview of Magistrate Judge Lu Ann Ballew with a reporter from a local TV station. This is almost painful to watch.

Jaleesa Martin and Messiah’s father, Jawaan McCullough, appealed Judge Ballew’s order to Cocke County Chancery Court. Chancellor Telford B. Forgety heard the case, and only needed 30 minutes to find Ballew in fatal reversible error and that her ruling was unconstitutional.  Judge Ballew had ordered the name change the first week of August. The appeal to Chancellor Forgety went through with warp speed, and within six weeks, on September 18, her opinion had been reversed and rendered. Chancellor Forgety did what the parents had asked Judge Ballew to do in the first place, and that was to help them decide on the surname. The child’s name will be Messiah McCullough, which is the father’s surname.  Judge Ballew was never asked about the first name, but took it upon herself, sua sponte, to order the parents to change it and have the birth certificate changed because their choice of a baby name offended her religious sensibilities.

Three days ago, Judge Lu Ann Ballew was charged with judicial misconduct. The charges were filed Wednesday by a three-member investigative panel associated with Tennessee’s Board of Judicial Conduct. The formal charges against Child Support Magistrate Lu Ann Ballew say she failed to promote confidence in the judiciary or uphold the law without bias or partiality.

The full filing is at this link. PDF warning, it may load slow.

Judge Ballew not only displays an astounding ignorance of the First Amendment, but of the historical and etymological meaning of the word “Messiah” itself. The word “messiah” is the English translation of the Hebrew term masiah [jyiv’m], which is derived from the verb masah, meaning to smear or anoint. When objects such as wafers and shields were smeared with grease or oil they were said to be anointed; hence the commonly used term was “anoint” when grease or oil was applied to objects or persons by Israelites and non-Israelites alike. Kings and other notables were anointed, for example. Even in modern day baptisms, it is common practice for the priest or minister to anoint the child or baptized person with oil. Therefore her assertion there was only one “messiah” was dead wrong.

To add another thumb in the eye of Judge Ballew, the Social Security Administration says that in 2011, the name Messiah was the 633rd most popular name for boys. In 2012, it was 387th most popular for baby boys. That 246 position jump made Messiah the fourth fastest growing baby name for boys in the U.S.

Judge Ballew, now the defendant in the ethics case, has thirty days to respond, or a default judgment will be entered against her by the ethics panel.

We now will wait and see how this plays out. I used to write a series of stories I called, “Judges Running Amok.” I may have to revive that. There is so much material to work with and so little time.

72 thoughts on “Tennessee Judge Who Renamed Child Now Facing Judicial Misconduct Charges”

  1. Judge Bellew is correct! There is only one person that can legally use that name, that is the Missiah. It is good to find a person that stillhas sense to stand by our heritage. I too, am from Tennessee. Stay strong Judge.

  3. It’s a public school, all right, and our district isn’t the only one. Here’s a story that ran in our local paper. It’s a paid link, so I had to cut and paste.

    http://www.caseynews.net/content/aclu-threatens-superintendents-lawsuit

    ACLU threatens superintendents with lawsuit

    Tuesday, August 27, 2013

    The American Civil Liberties Union is once again rattling its saber with school superintendents, threatening litigation if schools continue to allow members of Gideons International to offer New Testaments to elementary school students.

    But despite the threat, Boyd Harris, Shawn Pierce, and Judy Phillips, principals at Liberty Elementary, Jones Park Elementary, and Walnut Hill Elementary, respectively, as well as Casey County School Superintendent Marion Sowders, all say the threat will not keep local Gideon representatives from offering the New Testaments to students in their schools.

    “We provide the Gideons a place and they place the Bibles on a table and students can take one if they want to. No one forces them to take one,” said Phillips.

    Phillips, who’s unashamedly Christian as are her colleagues, said that years ago in a school where she taught, a student took a New Testament and accepted Jesus Christ as his Lord and was saved.

    “He’d never had a Bible before or went to church and he got saved,” Phillips said, adding that no other outside organization has ever asked permission to distribute materials.

    Sowders said that in the absence of a district-wide written policy, he will continue to let the principals decide who can offer materials to students during the day.

    “The Kentucky School Board Association, the suggestion they’re giving to school districts is if you’re going to allow them to come into your school, to let them lay the Bibles on a table and then if students want to get them, they’re there. They’re not necessarily handing them out to every single individual. You’re not necessarily pushing your beliefs on everyone,” Sowders said.

    And it’s exactly that stance that has the ACLU threatening to sue.

    In an Aug. 19 letter to Kentucky’s 173 public school superintendents, ACLU staff attorney William E. Sharp said the organization felt it necessary to follow up on information supplied to the ACLU by 169 districts earlier in the year.

    “A review of the districts’ responses confirmed several documented instances of public school officials allowing one particular religious organization — the Gideons International — into elementary schools during the school day solely for the purpose of actively distributing copies of New Testament Bibles directly to students,” Sharp stated. “Because our previous, informal efforts have been insufficient to correct these widespread problems, we are providing you with written notice of our intention to pursue litigation in the appropriate case should similar violations occur in the future,” Sharp wrote.

    To avoid these future “violations,” Sharp offered four recommendations — designate the superintendent as the one who grants outside organizations access to students during the day, require these organizations who want to distribute materials during the day to submit their request in writing specifying the materials’ nature and content; adopt written criteria as to whether or not to allow outside organizations to actively distribute non-educational materials to students during the day, and, the ACLU wants the district to train its employees annually on First Amendment limitations in schools.

  4. Nick: It’s not that easy. I did complain to the Superintedent, who has stated for the local paper that he will allow the Gideons in, regardless of the law. Word spread through the county like wildfire. My mother and sister have been bombarded with emails and messages about the subject, and they are in near-hysterics. (No one has the stones to confront me about it.) The ACLU wants to take the case, but it’s not worth burning bridges with my entire hometown and surrounding county. My kids are non-verbal, which would make them a convenient target for anyone with a grudge. No, we’ll just move to a place that’s a little less “Christian.”

  5. Just because a judge makes a decision you don’t agree with or is against the great weight of the law or fact does not automatically mean they are corrupt…..

    When they do it for gain, or because they don’t like the attorney or defendant then you have corruption directly and indirectly…..

    I believe that this case is a misinformed self righteous Christian…. There are many once the robe goes on they change into super judge….of sorts….. They are the law….

  6. Happy BDay Mr Haas…..

    Last Thursday this Thursday …. You’re here today….

  8. The title “judge” has only been deserved by one person, and that person
    is Jesus Christ.

    Why do so many people foolishly believe that people in positions of authority are any more honorable than the average fool walking down the street?

  9. :op

    Fantastic Otteray.

    G-d Bless guy, GREAT for Her!
    Hope she enjoys many, many more.

    Brooklyn Blizzard is coming back this year;
    so twins and triplets may abound.

  10. Laser,
    It is youngest kidlings b’day too. Every birthday is special for her. Survivor of childhood cancer that is supposed to be unsurvivable. I happen to know her secret. She was too damn stubborn to die. Every time somebody has told her she can’t do something, she takes it as a challenge and does it.

    Youngest grandson will have his first b’day on the 30th. Looks like birthday month around here. Blame it on chilly February nights.

  13. Hey guy, it’s not until Halloween – okay (just giving myself the present of starting a proper training of something near and dear to me).

    But thanks for all the great B’day wishes…

    This Blog is So cool

  14. Snowden managed to get progressives, libertarians and tea partiers to the same rally today in DC. Europe sure doesn’t love Obama anymore!

  18. Thanks, Gene. After it doesn’t post I always go back. When you try to post it again wordpress says it’s identical. So, I’ll add something and that does the trick most the time..maybe 80%. Not this time. I truly appreciate your help.

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