General Sessions Court Judge Andrew Jackson VI’s resignation last year created an opening in Knox County’s most diverse court. 

General Sessions Court judges handle both civil and criminal cases.

Ben Houston II, an attorney in private practice, is taking on incumbent Judge Andrea Kline, a former assistant district attorney general. The winner will complete Jackson’s term, which ends in 2030.

Knox County Commission filled the General Sessions Court Division IV seat on a temporary basis in December, selecting Kline over County Commissioner and attorney Rhonda Lee on an 8-2 vote.

Kline then defeated Lee in the Republican primary, 53 percent to 47 percent. Houston was unopposed in the Democratic primary.

The five General Sessions Court judges hear both criminal and civil cases. They issue orders of protection, conduct preliminary hearings for misdemeanors and felonies, hear DUI cases, conduct arraignment hearings and more — in excess of 60,000 cases collectively each year. The judges rotate through the caseload, so they have to be adept at all types of proceedings. 

The court also provides a mediation program and administers a state-funded inpatient alcohol- and drug-addiction program for indigent defendants convicted of DUI offenses.

Kline has the advantage of incumbency, though she’s been on the bench for only seven months, and an endorsement from Jackson. She also has a huge fundraising advantage. She raised nearly $180,000 during the entirety of the election, mostly from attorneys, and loaned her campaign $23,000. Houston has raised $11,211 from a mix of attorneys, family members and others. As of June 30, Kline had $27,133 on hand to Houston’s $4,147.

Kline also fared well in a Knoxville Bar Association survey of members taken before the primary. Two-thirds of the 363 respondents recommended her for the job, with 44.6 percent giving her a strong recommendation. Nearly two-thirds of respondents didn’t know Houston well enough to make a recommendation. Sixteen percent recommended him for election, while 18.46 percent did not recommend him.

Unlike other elected officials, judges don’t make policy or pass legislation. Instead, they campaign on experience, temperament and legal acumen.

We interviewed Houston for this article and updated Kline’s profile from our primary coverage.

Ben Houston II

Houston said he’s running for General Sessions judge because he believes in due process in court and choice in the voting booth.

“I firmly believe that everybody who appears before the court is entitled to due process and equal protection under the law,” he said. “I also, quite frankly, was sick of going into the voting booths, and especially for these local elections … and there’s literally one person on the ballot. If we’re going to have a functioning democracy, we need choices on the ballot.”

Houston has practiced law in Knox County for 21 years. “I’m qualified for the position and I’m the best candidate for the position,” he said. “I’ve represented clients facing all different types of legal issues and difficulties. I’ve had folks who’ve been the victims of domestic violence. I’ve had folks who have been the victims of employment discrimination. I’ve represented folks who have been the victims of other persons’ negligence. I’ve represented folks that are charged with crimes themselves.”

Houston also acted as a guardian ad litem representing children who are dependent and neglected.

“I’ve seen firsthand the kind of impact that these cases can have on people, not just the persons who are appearing before the court, but on their families and our community,” he said.

Houston said his approach to hearing cases would be to treat everyone fairly, with dignity and respect.

“I always want to keep in mind that this may be the most difficult situation that they’ve ever been through, or if not that, it’s certainly a difficult situation for them,” he said. “Obviously, as a judge I have to listen carefully to the facts that are presented to the court, and then I have to evaluate those facts and apply those facts to the law and render a fair and impartial decision based on the law.”

Houston said the most important guidepost for a judge is the Fourteenth Amendment’s Equal Protection Clause. “It’s a principle we’ve not always lived up to as a nation,” he said, “but it’s something that we have to remain vigilant about,1 striving toward living up to that important constitutional principle.”

Houston, 47, was raised in Surgoinsville, in Hawkins County. After graduating from Volunteer High School in Church Hill, he earned his bachelor’s degree from the University of Tennessee-Chattanooga and his law degree from the University of Tennessee College of Law (now the Winston College of Law).

He met his future wife, Jessie Houston, while he was in law school, and they decided to settle down in Knoxville. They live with their two children in Fountain City. Houston went into private practice shortly after obtaining his law degree.

If elected, Houston would like to bring new ideas to General Sessions Court. One would be a pro se indigent-motion docket, which is permitted by state law and allows judges to waive fines and court costs for indigent persons. He also wants to modernize the court by providing online access to court records, which would require participation by the court clerks.

Houston said campaigning for office has been a learning experience that has enabled him to meet new people. “At times it can be exhausting because I’m still practicing law full time and running this campaign, but on the whole, it’s been a very positive experience,” he said.

Houston said his legal career has prepared him for the bench: “I think the broad range of legal experience that I have is an important point, because I do believe that that will enable me to be an effective judge.”

Andrea Kline

Kline, who took office on Jan. 1, said that the transition from the District Attorney General’s Office to General Sessions Court has gone smoothly.

“I’ve been working in those courts for almost 30 years, so I’m very familiar with the courts,” she said. “Each courtroom has its own kind of personality because they’re dealing with different types of cases, but you also have to speak the language. … I speak that language fluently, so it’s been an easy transition.” 

Kline has called General Sessions Court a “gatekeeper” for the judicial system. She hears felony cases, which can be serious and often involve injured victims and families of deceased victims, but also traffic cases and arraignments that have much lower stakes. Those cases give her the opportunity to interact with the public in a different way, to encourage someone whose license has been suspended to get their driving privileges reinstated, for example. People are often in court for the first time, frequently without attorneys to represent them, and they’re scared.

“That’s the good part of being able to interact with the public in those types of courts and situations that you don’t always get as a prosecutor or even as a defense attorney,” she said.

Kline outlined her judicial philosophy during County Commission’s appointment hearing in December.

“I believe strongly in personal accountability, the rule of law, and the fair and consistent administration of justice,” she told commissioners. 

“My personal opinion should not matter as a judge,” she continued. “The rule of law requires us to listen to the facts, apply those facts to the law and apply the law.”

Kline said she was honored by the positive results of the Bar Association survey, particularly because many of the respondents were defense attorneys she had been opposing for 25 years as a prosecutor. “It’s humbling to me that we can fight in court and disagree and do our respective jobs but still maintain respect for each other,” she said.

Kline, 58, grew up in several Tennessee communities and moved to Knoxville to attend the University of Tennessee. At UT, she earned a degree in psychology in 1991 and a law degree in 1995. Following law school, she was a solo practitioner for four years before then-District Attorney General Randy Nichols hired her as an assistant district attorney in 2000.

She said she prosecuted thousands of cases and managed heavy caseloads, both criminal and civil, which prepared her for the General Sessions bench. Kline built the first elder-abuse special prosecution team in the state and helped craft state legislation to protect elderly and vulnerable adults.

While the transition to the bench was smooth, she said, becoming a political candidate for the first time was challenging — especially since she had to do both at the same time.

“I’ve learned so much about Knox County and Knox County government and politics,” she said.

Kline said she’s discovered she often needs to educate voters about General Sessions Court (that’s a good thing, she said, because it means they likely haven’t had contact with the justice system). After making sure voters are familiar with the court, Kline said she emphasizes her background and experience. 

“I’ve been practicing law for 30 years and I’ve been on both sides of the aisle,” she said. “Obviously, I was a prosecutor for longer than I was a defense attorney, and now I’ve filled in as a judge, so I’ve literally been on all sides of the courtroom.”