Ep. 37 The Investiture of Justice Mary L. Wagner

A step back from our normal style of episode to bring our audience a complete audio version of Judge Mary Wagner's investiture to the Tennessee Supreme Court. Justice Wagner received a warm welcome to the appellate bench as family, friends, colleagues, elected officials, and the judiciary joined her in Germantown for a ceremonial investiture by Governor Bill Lee.

For an interview with Justice Wagner and to get to know her on a more personal level, check out Ep. 36 of Tennessee Court Talk. 

Edited by Nick Morgan, Tennessee Administrative Office of the Courts

Transcript

00;00;02;21 - 00;00;22;05

Host

Welcome to Tennessee Court Talk. I'm your host, Nick Morgan. This episode is different than our regularly scheduled interviews and conversations. The Tennessee Supreme Court recently welcomed its newest member to the appellate bench. This is a full audio recording of the investiture ceremony of Justice Mary L Wagner. And enjoy.

00;00;22;08 - 00;00;54;24

Judge Stafford

My name is Steve Stafford, and I want to take the opportunity to welcome you here today on behalf of Justice Wagner and her family. This is a very, very momentous occasion. Very momentous occasion for Justice Wagner and her family, for sure. Your support and attendance is very much appreciated. Everyone in attendance today has a special connection to Justice Wagner and her family.

00;00;54;27 - 00;01;22;12

Judge Stafford

Unfortunately, time will not permit us to individually recognize everyone, even though everyone is important. And I'm sure, and I'm certain that everyone has something that they'd like to say about Justice Wagner. Unfortunately, we're not going to be able to do all that to fast. Suffice to say, your presence is very much appreciated, and you're all very much appreciated for the contributions you made to her life and career.

00;01;22;12 - 00;01;51;23

Judge Stafford

Thus far. So thank you for being here and for all you've done to help Justice Wagner achieve what she has thus far accomplished. Before I get started, I want to make some introductions. First of all, I'd like to introduce the Supreme Court and if you would, please hold your applause until we've made all the introductions. We have just Chief Justice Holly Kirby, retired.

00;01;51;23 - 00;02;19;25

Judge Stafford

Justice Roger Page, Justice Jeff Bevins, Justice Sarah Campbell, and Justice Dwight Tarwater. I also want to make some special introductions. And if you would stand in again. Everyone, please hold your applause until we've got these introductions made. And then we we can give everyone a round of applause. We have with us today, Congressman David Kustoff.

00;02;19;27 - 00;02;51;27

Judge Stafford

There he is. We have Tennessee Secretary of State Trey Hargett, and there he is, Tennessee Attorney General. Jonathan Skrmetti. There he is, retired Judge Butch Childers. There he is. And a person who, doesn't know he's going to be introduced. But Coble Caperton, who worked so hard to put everything together here today. Coble. There you are. Let's give these folks a round of applause.

00;02;51;28 - 00;03;00;04

Judge Stafford

00;03;00;06 - 00;03;27;22

Judge Stafford

I also want to recognize all the elected, appointed government officials. All the judges trial judges, appellate judges, retired judges. So if you would all please stand, please.

00;03;27;24 - 00;04;03;27

Judge Stafford

Now, if everyone would join me. If everybody. If I can get everyone to stand, please. We're not going to give you all a round of applause. But we could, we're going to have the invocation and the Pledge of Allegiance and the National Anthem. I'm going to ask, Reverend Doctor Jacky Gatliff, who is the Senior Associate Pastor of Christ Methodist Church, to come and give us the invocation that will then be followed by the pledge by Ben and Will Owen, and then the National Anthem known by F.E. Johnson.

00;04;04;00 - 00;04;27;03

Rev. Gatliff

Just as this is an important marker in the life of Justice Mary Wagner and her family. It is also an important one for the State of Tennessee, of which we are very aware. So as quiet our hearts and focus our minds, that we may be attentive to the presence of the one true and living God, who has both authored and ordained this day.

00;04;27;06 - 00;04;58;07

Rev. Gatliff

Join me in prayer. Our gracious and majestic God. Powerful is your arm. Strong is your hand. Your right hand is lifted high in glorious strength. Righteousness and justice are the foundation of your throne. Unfailing love and truth. Walk before you as attendants. And as we witness the investiture of the Honorable Mary Wagner. As Justice of the Supreme Court of the State of Tennessee.

00;04;58;09 - 00;05;26;16

Rev. Gatliff

We also seek your rich, promised filled blessings upon her husband Tom, and sons, Ben and Will. And we seek the same blessing on your servant as she enters this honored position of judicial responsibility that you have called her to. May Justice Wagner faithfully live into this call, bringing to her duties a responsive heart, enlightened perception, and a determined will.

00;05;26;18 - 00;05;53;11

Rev. Gatliff

We ask that your spirit impart to her all that she needs, so that through her the expression of law can be seen as majestic in its impartiality, yet warm in its human care, rational in principles, yet sympathetic, and application. May she continue to show that she is able to live faithfully the biblical instruction that judges must always be fair.

00;05;53;14 - 00;06;22;19

Rev. Gatliff

Lord God, we pray that she will receive all she needs as it comes from your hand, with abundant grace and great joy. And may she always be mindful that the people she serves are your people who bear your image. As we pray all of these things in the matchless name of Jesus Christ. Amen.

00;06;22;21 - 00;06;32;28

Ben and Will Owen

I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands. One nation.

00;06;33;01 - 00;06;43;18

Ben and Will Owen

Under God, indivisible, with liberty and justice for all.

00;06;43;21 - 00;08;05;28

F.E. Johnson

Oh, say, can you see. By the dawn's early light. What so proudly we hailed at the twilight's last gleaming. Whose broad stripes and bright stars. Through the perilous fight. O'er the ramparts we watched. Were so gallantly streaming. And the rockets red glare, the bombs bursting in air. Gave proof through the night that our flag was still you. There, O say, does that star spangled banner banner yet wave.

00;08;06;00 - 00;08;46;06

F.E. Johnson

Or the land of the free and the home of the brave. The brave.

00;08;46;08 - 00;08;52;07

Judge Stafford

Well, I knew I was way in over my head when I started.

00;08;52;09 - 00;09;02;19

Judge Stafford

But, following those three, I got a real problem.

00;09;02;21 - 00;09;41;09

Judge Stafford

My name is Steve Stafford, and some of you are sitting out there going, who is that short guy up there? And why is he even up here? I'm here because I had the good fortune 15 years ago, to be appointed to the Tennessee Court of Appeals and, went to the University of Memphis Law School and interviewed some senior law students and got the opportunity to, ask a young lady to come and work with me for a year.

00;09;41;11 - 00;10;13;21

Judge Stafford

That happened to be Justice Mary Wagner, funny story about the law school and the, actually, the interview process was this was the old law school down, not down town, but out, by the campus, the University of Memphis. And I was given a list of people I was supposed to interview, and I was interviewing about eight people and at least four, maybe five, were women.

00;10;13;23 - 00;10;40;17

Judge Stafford

And I knew that Mary was a top candidate because she had been clerking for Judge Butch Childers, and Butch had just really raved on not only the work she did, but the breakfast casserole that he made her every Friday morning. So I thought, that's not a bad way to start things off. But, so I lost my list of applicants.

00;10;40;20 - 00;11;11;28

Judge Stafford

And so every woman that walked in, I turned around and say, Mary. Well, Mary was the last applicant. So you can only imagine how those 4 or 5 other people felt when they walked in the room. Anyway, Mary spent a year with me and and working with our office in Dyersburg, and we had her what I believe to be, a really good year.

00;11;12;00 - 00;11;36;03

Judge Stafford

And I want to tell you three quick things about Mary that perhaps you don't know. And I think this is this is a good time to share that surprisingly, Mary can get a little aggravated at times. I know, Tom, that's a shock for you.

00;11;36;06 - 00;12;10;03

Judge Stafford

Our office was a little bit more casual than other offices, so we dressed casually, jeans, boots, and, Mary's office was across the hall. And when something would aggravate Mary and it would happen quite often, Mary would come to my office with her cowboy boots. And announce herself by doing this.

00;12;10;06 - 00;12;19;16

Judge Stafford

You boys, it's her not to do that, I'm sure. Right. Well, that's what your mother would do.

00;12;19;18 - 00;12;52;03

Judge Stafford

Anyway, it was an interesting way to enter the office. Mary is also a very soft touch. You may not know that either, but, my wife decided while Mary was there, clerking with us that she needed a dog, because our youngest daughter had graduated from high school. So Mary took it upon herself to find a dog. And it was a process of the dog that we currently have.

00;12;52;03 - 00;13;16;00

Judge Stafford

Mary initially picked out for herself and subsequently gave to, my wife and my wife, took her, took him rather. And we've had him for the past 15 years. Guess what? His name is Wagner.

00;13;16;02 - 00;13;51;00

Judge Stafford

But Mary is also something that many of you are not surprised about, and that is, she is the consummate professional. She makes everyone that she works with look better. She works hard. She thinks about what she's doing. She takes a position, and once she takes that position, she's there. In fact, I call her the consummate professional because I paid her what I believe is the ultimate compliment.

00;13;51;02 - 00;14;23;01

Judge Stafford

When she left, her clerkship with us, and I was talking with the University of Memphis folks about getting another clerk, they said, what do you want? I said, well, real simple. I want another Mary Wagner. So there you go. I told Tom that I had, something that I needed to say about him, and he kind of, I think cringed would be the appropriate word.

00;14;23;04 - 00;14;52;29

Judge Stafford

But Tom and Mary, I knew them before they were married. And, they had a really interesting relationship because Tom's got this unique hobby. I don't know if many of you know about it, but, Tom likes to travel across states, counties, whatever it may be. And he's always looking for the highest point of the county. It's called high pointing.

00;14;52;29 - 00;15;09;19

Judge Stafford

I'd never heard of it before, but, that's how Tom and Mary would spend their time on dates. As I understand it, riding around counties looking for the highest point in the county.

00;15;09;22 - 00;15;17;01

Judge Stafford

That's how it was shared with me. Anyway.

00;15;17;03 - 00;15;46;20

Judge Stafford

I live in Dyer County and just north of Dyer County is Lake County, and it's not really a wise thing to do to pull up in someone's yard in Lake County and say, hey, I'm looking for the highest point in Lake County here. So. Anyway. I think, I failed to share with you all before I started that, talk with Mary.

00;15;46;22 - 00;16;04;15

Judge Stafford

When she asked me to do this, she asked me, she told me she wanted to do this, me to do the mic thing, and I said, you sure about that? And she said, yes. And I said, well, okay, how do you want to proceed? You want this to be, you know, serious and somber or do you want it to be fun?

00;16;04;15 - 00;16;15;12

Judge Stafford

She said, well, I want it to be fun, but I don't want you to embarrass me. I said, I can do half of that. I.

00;16;15;15 - 00;16;48;25

Judge Stafford

So having said all that, let's we we need to get to the people who really have something to say here today. And, I want to introduce our next three speakers together. They're all good friends. They're good friends to Justice Wagner. They're all just. I can't think of, a better way to describe them than just wonderful public servants.

00;16;48;27 - 00;17;25;28

Judge Stafford

The first person you're going to hear from is Chief Justice Holly Kirby. Justice Kirby got appointed to the Court of Appeals in 1995, where she served until she was appointed to the Supreme Court in 2014. She was elected as chief justice in 2023 after, Chief Justice Kirby concludes, we'll hear from Justice Roger Page, who is now retired and who looks so much better now that he's retired.

00;17;26;00 - 00;17;58;06

Judge Stafford

Justice Page was elected to the Circuit Court in 1998. He was appointed to the Court of Criminal Appeals in 2011, to the Supreme Court in 2016, and as Chief Justice of the Supreme Court and, I believe, 2021. And he served there until 2023. And for those of you who don't know this, Governor Lee had, designated August as Chief Justice Roger Page month in Tennessee.

00;17;58;06 - 00;18;36;17

Judge Stafford

So the only guy I know that's ever had that honor. And finally, we will hear from retired Judge Brandon Gibson, who was appointed to the Court of Appeals in 2014, where she served until 2019, when she left to join Governor Lee's administration. I have had the privilege of serving with all three of these people and cannot say enough good things about them, and they, I'm sure, will have good things to say about Justice Wagner. Chief Justice Kirby.

00;18;36;20 - 00;19;04;29

Justice Kirby

Good afternoon. It's my privilege and my joy to be here today on behalf of the Tennessee Supreme Court for the investiture of Mary Wagner to the court. The vacancy was created by the retirement of our dear colleague, Justice Roger Page. You'll get to hear from him in a minute, and you'll see why we were all sad to lose him as a colleague on the court.

00;19;05;01 - 00;19;37;27

Justice Kirby

But to fill that position, Governor Lee could have made no finer choice than to appoint Mary Wagner. She has the integrity, the intellect, the work ethic, the compassion, and the old fashioned common sense needed to be an excellent justice on our state's highest court. So mention has been made in the media that Mary Wagner's investiture once again gives us a majority of women on the court.

00;19;38;00 - 00;20;19;00

Justice Kirby

That's true, and it's a little bit of a point of pride for me. But the real record here is that between Justice Sarah Campbell and Justice Wagner, they have a total of five count, five rowdy boys under the age of 12. I haven't researched it, but I bet we're the only state Supreme Court with that distinction. From a personal standpoint, I take special pride in Mary Wagner's appointment, having followed her career over the course of many years in Shelby County.

00;20;19;02 - 00;20;57;13

Justice Kirby

I first met Mary when she served as law clerk to my dear friend Steve Stafford. When he and I were both colleagues on the court. Judge Stafford thought very highly of her, and I know that he has very high standards, so that got my attention. Afterward, I followed Mary Wagner's career in Shelby County. She quickly rose to a leadership position in local politics, and at the same time, she earned a reputation as a smart, scrappy trial lawyer who was not afraid to try a case.

00;20;57;16 - 00;21;43;18

Justice Kirby

In 2016, Governor Haslam, with advice and counsel from his then legal counsel, Dwight Tarwater, appointed Mary Wagner to the circuit court bench. She was then only barely into her 30s. At the time, several experienced Memphis lawyers voiced skepticism about whether she could do the job. Knowing Mary as I do, I thought, you just wait. Judge Wagner's appointment to the trial bench at such a young age invited comparisons to Judge Julia Gibbons, who is with us today.

00;21;43;21 - 00;22;16;24

Justice Kirby

Judge Gibbons is an icon in Tennessee who was appointed by then Governor Alexander to the Shelby County circuit bench in 1981 at age 30. Back then, Judge Gibbons faced open skepticism straight to her face every day. She responded by remaining unfazed and just doing the work. Now, of course, we know that Judge Gibbons is regarded as one of our nation's finest judges.

00;22;16;26 - 00;22;52;05

Justice Kirby

Reflecting on those early days on the circuit court bench, Judge Gibbons said, I knew it was going to work out fine when the same lawyers who were horrified started claiming it was their idea. And so it was with Mary Wagner. Judge Wagner just came to the courtroom and did the work every day. She did the work. Pretty soon, all the lawyers began to see that Judge Wagner was more than up to the task.

00;22;52;07 - 00;23;25;18

Justice Kirby

In fact, they came to embrace her in both of her elections as a trial judge. Judge Wagner earned bipartisan and virtually universal support from the Shelby County legal community. After Governor Lee appointed Judge Wagner to be Justice Wagner, I attended events in Memphis honoring her. Lawyers of all stripes were thrilled for Judge Wagner, but sad to be losing her from the trial bench.

00;23;25;21 - 00;23;57;16

Justice Kirby

The consistent comment that I heard over and over was that Judge Wagner was never perceived as a plaintiff's judge or a defendant's judge, the lawyers told me she approached each case impartially, looked objectively at the at the facts, did her best to discern the law, and then applied it to reach the result. The law required as a judge.

00;23;57;18 - 00;24;22;26

Justice Kirby

There can be no higher praise than that Mary Wagner is tested and ready. She will be an excellent justice on our state's highest court. So welcome Justice Wagner. Welcome to our court. We look forward to working with you for many years to come.

00;24;22;28 - 00;24;31;29

Judge Stafford

00;24;32;01 - 00;24;52;04

Justice Page

Good afternoon. And as Judge Stafford said, I can't really see any of you. So I'm just going to talk and pretend you're all out there and very interested in what I have to say. I am excited to be here to honor Justice Wagner in her investiture today. I knew from the first time I met her many years ago that she was going to be a star in the legal profession.

00;24;52;07 - 00;25;15;07

Justice Page

I assume by this time, Congressman Kastoff, she'd be in your position or Governor, maybe in your position. But, I'm glad that she's decided to pursue a job. Judgeship and a career in the judiciary instead. I remember just a little over eight years ago when Governor Haslam was swearing her in, as a Circuit Judge here in Shelby County.

00;25;15;08 - 00;25;37;04

Justice Page

He commented that it's the first time he had ever sworn in a judge with crackers in her pocket, because at that time, I think Ben was year and a half maybe, and he needed something to tie him over till we get to something else. Those things were called. Was it fishhooks? What is it, Mary? Not fish hooks.

00;25;37;04 - 00;25;50;22

Justice Page

What are they? Goldfish. Yeah. Yeah, it's it's not the kind of fish you carry in your pocket. I promise you.

00;25;50;25 - 00;26;17;22

Justice Page

Justice Kirby, Chief Justice Kirby alluded to Mary's political career a little bit. You know, she ran for office as a Circuit Judge in 2018 and also in 2022, and both times she got over 74,000 votes in Shelby County. That's more than any of us ever got on and votes on the stage. Some of us who ran in the retention elections, and I'm sure she'll do better than that when she runs coming up in 2026.

00;26;17;25 - 00;26;43;23

Justice Page

You know, there are several things that a judge needs humility, honor, sense of humor. You know, some things start getting more important, like experience. Mary has that. She needs role models. She had that with, Judge Butch Childers and Judge Steve Stafford. But there are two things that are the most important, I think work ethic and integrity.

00;26;43;27 - 00;27;06;04

Justice Page

If you don't have those things, you're not very much judge you. I've known Mary long enough now to know that she has the highest integrity and the best work ethic of any of our judges in the state. She's right there in the top 4 or 5. You know, she's intelligent. That helps a little bit. She was fourth in her class notes editor.

00;27;06;06 - 00;27;32;08

Justice Page

There's no question that she has the intelligence to do this job, and she is joining a great group of people, some of the, at one time we were called, one of the most conscientious courts in the state and the most congenial court in the country. And I think that is true. I'm proud that, Mary Wagner is my successor on the bench.

00;27;32;08 - 00;27;52;29

Justice Page

Now, it's not my position. It's not her position, it's position of the people of the state of Tennessee. And Mary is always treated that way. Don't ever forget how you got here. I'm going to, close by just sharing a prayer with all of you that I made this up myself when I became a trial judge. And I've never really shared it publicly before.

00;27;53;01 - 00;28;21;10

Justice Page

But every day for 26 years before I took the bench, I would say, Lord, in a quiet place, give me the wisdom of Solomon. The patience of Job, the humility of Paul, and help me as I make my decisions today that they will be correct under the law and most of all, pleasing to you. And, Mary, this is a big day for you and I know it's a big day for your family.

00;28;21;10 - 00;28;44;24

Justice Page

I know your parents were proud of you, and I know that you will not let this job just totally consume you. You've got to a good handle on many other things in life. Keep you grounded. So good luck to you as you serve for the next 30 years.

00;28;44;26 - 00;29;06;27

Judge Gibson

Justice Page, if you're giving those grandkids fish hooks, they might not be so nice to you when you reach old age. What a pleasure it is to be here with all of you. It feels like homecoming. The members of the Tennessee Supreme Court, and I see many of my judicial friends out in the out in the audience.

00;29;06;27 - 00;29;39;10

Judge Gibson

It's so good to be with you, Mary. I was cleaning out my closet last weekend, and I came across my Mary Wagner for Circuit Court Judge t shirt and my Mary Wagner, Circuit Court Judge koozie. I really thought about bringing both wearing actually, one of them bringing a beverage in the other. But I was afraid that given your position now, you might, might hold me in contempt.

00;29;39;13 - 00;30;05;12

Judge Gibson

It's such an honor to be with all of you today and, to see the support for who is my friend and, many of you, her friend as well. Mary Wagner. I got to know Mary best in 2016 when she came on the Circuit Court, and I got to interact with her, quite closely at judicial conferences.

00;30;05;14 - 00;30;41;17

Judge Gibson

As well as, throughout her career and my career on the Court of Appeals and her career on the circuit court bench, I might have gotten to grade 1 or 2 of Mary's papers. And because, like all of you, I know her intellect. I am so thankful that she is not currently grading my papers. Fear very much that you would see reversed and remanded instead of what every appellate judge wants to hear from the Supreme Court, which is affirmed.

00;30;41;19 - 00;31;12;19

Judge Gibson

I want to acknowledge three people who are in the the audience today. Our the Governor's legal team is here. Aaron Merrick is the governor's legal counsel, along with Alexa Witcher and Rob Mitchell are here today. Aaron normally has this spot in the program, and I'm so appreciative, given my friendship with Mary, that Aaron was willing to let me take the mic and the podium for this particular investiture.

00;31;12;22 - 00;31;48;11

Judge Gibson

As many of you may know, getting to the point of getting to the Governor's Office is quite a challenge and quite a journey. All of the members of the Supreme Court who are here have been through that process, as have I, on when I was on the Court of Appeals with Governor Haslam, who was then the Governor, the Governor's council sends three names to the Governor's office, and then Aaron's team has the wonderful responsibility of really putting them through their paces and grueling interviews.

00;31;48;14 - 00;32;16;18

Judge Gibson

And then the Governor selects one of the three. The Governor has been, completely blessed over the course of six years to have hard decisions. Every time he makes a judicial selection. I've been privileged to watch Governor Bill Lee make a lot of judicial appointments over the last six years. Frankly, I've lost count. But I bet the legal team down there knows the number off the top of their head.

00;32;16;21 - 00;32;43;26

Judge Gibson

He approaches every single judicial appointment with the focus and seriousness that the judicial branch deserves. I do want to say one thing, for the lawyers and the group that are here today that will appear in front of Justice Wagner, you know, in case you don't know this, Justice Wagner has the tendency to maybe be a little quiet.

00;32;43;28 - 00;33;12;23

Judge Gibson

But let me give you a piece of advice. When she speaks, listen, because wisdom comes from her. She may have been young when she was appointed to the circuit bench. She may be young on the judge on the Supreme Court, but she is filled with wisdom and intellect of an individual, far greater in age than she is.

00;33;12;25 - 00;33;40;18

Judge Gibson

I have such enormous respect for her, and it is that wisdom and intellect that I believe, convinced the Governor to appoint her to the Supreme Court. It's always really difficult when, you get tasked with the responsibility of introducing your boss, who also happens to be the Governor of the great state of Tennessee. He truly needs no introduction.

00;33;40;26 - 00;33;54;21

Rev. Gatliff

And we're thrilled to have him here today to celebrate Justice Wagner, ladies and gentlemen, the 50th Governor of the state of Tennessee, Bill Lee.

00;33;54;24 - 00;34;05;21

Governor Lee

Thank you, thank you, thank you, thank you, thank you.

00;34;05;23 - 00;34;17;14

Governor Lee

Thank you, Chief Gibson. Brandon. First of all, I have to say, who knew all these lawyers could be so funny?

00;34;17;16 - 00;35;03;00

Governor Lee

So I will be an engineer, and I'll be serious. You have, brought together a roomful of very special people. One, highly esteemed members of the judicial branch and Secretary, Harget and John Skrmetti, and and, You've assembled your your, your friends and your family for what is an incredibly important, moment. And I'm honored as I can be to be standing here with you at this point to, to celebrate that Congressman Kossoff as well.

00;35;03;00 - 00;35;37;21

Governor Lee

Sorry I didn't see you here. It is hard to see. But you have brought together a lot of folks the most important in some ways, or the most, profound, given this particular ceremony is this this row of justices right here who have come to know and understand more fully who I have come to, respect in such profound way ways as I've watched them make decisions.

00;35;37;23 - 00;36;17;04

Governor Lee

You know, when when you were singing the national anthem just a few minutes ago. And that, by the way, most remarkable way. I was touched by that, looking at the flag, thinking of, this country and the original scripting of that song and where we were. And I was also remind of where we're sitting today with, Supreme Court Justices, members of Congress, members of the General Assembly, the judicial branch, the Governor's office, the executive branch here.

00;36;17;07 - 00;36;59;14

Governor Lee

And how remarkable. It is that the founders came up with this plan to create this country that now, hundreds of years into we sit on a stage like this, and take in in large part, we take for granted. But for a moment, I'm reminded. Of the magnitude of even this moment and this, oath of office and why this matters so much to the people of Tennessee.

00;36;59;16 - 00;37;36;27

Governor Lee

I tell my team frequently. There are 7 million people who hope that we will do it right. There are 7 million people who hope that we will set aside all the political and, nonsense and, the things that we have to spend so much time with frequently, those 7 million people are hoping that will set that aside and actually think about and do the thing which matters most to them and the the execution of justice.

00;37;37;00 - 00;38;26;23

Governor Lee

By the way, with mercy, and love, the execution of justice is something that the people of Tennessee deserve. And the founders were so brilliant in their establishment of separation of powers, of the establishment of the Constitution, which Mary will swear to uphold, and understanding in her understanding of the actual text of the law and the importance of that, and not just political opinions of judges or politicians like myself, but this whole system that's been structured and laid out and put in place, it matters deeply to the people of this state.

00;38;26;25 - 00;39;04;24

Governor Lee

And because of that, this is a really important day because it matters who sits in that seat and has the enormous responsibility to execute on that justice. Which is why I take this part of my job incredibly seriously. And I counted as one of the highest, honors that I have, and one of the highest responsibilities that I have. Mary Wagner has filled that seat for all the right reasons that people have articulated today, that her colleagues fully understand.

00;39;04;26 - 00;39;52;22

Governor Lee

And those of you who are who are attorneys, lawyers, judges and in the judicial branch probably understand to a greater degree her fulfillment of the qualifications on the legal side to be sitting in this seat. But when when I sat down with her, then I understood all the other reasons why she was qualified for this seat. While she'll find herself sitting alongside what I count as the best justices in the country and a court that does in fact distinguish itself from other courts in this, in this country, the people of Tennessee are, expect, deserve.

00;39;52;25 - 00;40;42;03

Governor Lee

And I believe, would be grateful if they individually all understood how much these folks and Mary Wagner will pour their heart, seek God's wisdom and discernment, and execute, that justice, mercy and love on their behalf. It's a huge honor for me to be here with you today, and to ask you to step up here and, and take this oath of office.

00;40;42;06 - 00;40;53;16

Governor Lee

Man, I like that tie.

00;40;53;18 - 00;40;59;12

Governor Lee

You're going to. You're going to be glad I did that one day. When you look back. When you.

00;40;59;12 - 00;41;02;05

Governor Lee

Look back at pictures right now, I'm.

00;41;02;05 - 00;41;19;26

Governor Lee

Annoying to you. But one day you're going to be glad I did it. Yes. Raise your right hand, please. I, Mary L Wagner. I, Mary L. Wagner.. Do solemnly swear. Do solemnly swear. That I will support the Constitution of the United States of America.

00;41;19;29 - 00;41;22;00

Justice Wagner

That I will support the Constitution of the United States of America.

00;41;22;00 - 00;41;31;15

Governor Lee

And the state of Tennessee. And that I will faithfully and impartially discharge all the duties incumbent upon me.

00;41;31;17 - 00;41;34;16

Justice Wagner

I will faithfully and impartially discharge all the duties incumbent upon me.

00;41;34;16 - 00;41;39;08

Governor Lee

As justice of the Supreme Court of the State of Tennessee.

00;41;39;14 - 00;41;41;13

Justice Wagner

As Justice of the Supreme Court of the State of Tennessee.

00;41;41;13 - 00;41;44;28

Governor Lee

To the best of my skill and ability.

00;41;45;06 - 00;41;46;14

Justice Wagner

To the best of my skill and ability.

00;41;47;00 - 00;42;20;21

Governor Lee

So help me God. Congratulations! Justice Wagner.

00;42;20;23 - 00;42;45;29

Justice Wagner

Good afternoon and you really, really can't see in these lights. I'm going to endeavor to give some thank yous and, certain I'm going to leave someone out. And so I apologize in advance because so many of you here today have played such an important part in my life and my career. First and foremost, Governor Lee, I thank you for your confidence in me and for allowing me to serve in this way.

00;42;46;02 - 00;43;09;26

Justice Wagner

And I promise I'll get it right for the 7 million Tennesseans. To the Governor's legal team, I would be remiss to not mention you, Aaron Merritt, Chief Counsel, and Robyn Alexa, who so diligently coordinated the interview process, is hijacked by a week long statewide snowstorm by recall. And then after the appointment, you so carefully guided me through the confirmation process and made it look effortless.

00;43;09;29 - 00;43;32;09

Justice Wagner

But I know it was not, that it was just your your efforts behind the scenes, making it appear that way. And in the process, I made wonderful friends. So I thank you to members of the General Assembly. I know that there are many of you here today. I can't see you right now. But I do thank you, for your confidence in me and voting to confirm me to the Tennessee Supreme Court.

00;43;32;11 - 00;43;57;09

Justice Wagner

You played a pivotal role as well in this process, and I thank you to the chief justice and members of the court, many of you I have known for years throughout my career, Justice Tarwater was the first to call me judge. And each of you have been supportive and encouraging throughout my career, and I am so thankful to get to serve as colleagues and friends for the next many years.

00;43;57;11 - 00;44;21;05

Justice Wagner

Justice Page, I got to know you first. In 2016, when you were interviewing, I was lucky enough to be in that Senate hearing and observed your confirmation process. And later that year, you and, Judge Gibson, gave me questions in the conference room prepping me for my interview with, now, Justice Tarwater. As I applied for the trial court.

00;44;21;07 - 00;44;44;09

Justice Wagner

And, Brandon, I want to call you chief. That's what everybody calls you. But I am so glad that you took me on on as a friend in 2016. And you have guided me as a big sister would, you've been supportive and encouraging, but you're also always willing to to tell me where, like it is and tell me the truth and wear my name across your shirt.

00;44;44;11 - 00;45;11;25

Justice Wagner

Judge Stafford. I have marked through all my comments for you. It was not the boots. It was the floor in the 100 year old building that made them sound like that. But I thank you for being a constant supporter and encourager and a listening ear. Mayor Palazollo and the City of Germantown. You have been gracious host and very welcoming to us, for today's event.

00;45;11;25 - 00;45;29;26

Justice Wagner

And we appreciate that. I think you all heard from, members of the Houston band. As a proud alum, I was so thankful that their students were willing to come and, greet you in the lobby as they came in today. And I'm going to point out a few teachers, and I apologize if my remarks go a little longer.

00;45;29;27 - 00;45;53;13

Justice Wagner

I think I saw one of them in his hair, Mr. Smith, and my high school band director at the Houston band. He also once mistakenly thought I was the quiet one when I was in high school, I think. I think Miss Tanner is also here, my fourth grade teacher, her lessons and outlining and, research papers with index cards carried me through law school.

00;45;53;15 - 00;46;16;25

Justice Wagner

And Miss Garrison, I had a love hate relationship with Miss Garrison's 11th grade English class. I loved Miss Garrison. I hated the class. Miss Garrison, I bet neither one of us ever thought I'd be writing for the Supreme Court during that class. But it was her pushing me and challenging me. That gave me the writing skills that carried me through undergrad and law school.

00;46;16;25 - 00;46;37;25

Justice Wagner

And now here today to members of the legal community, the Shelby County Bar. Thank you so much for your support over the last eight years. I know some of you were skeptical at first. One of you here today asked me on my first day if I was a new law clerk. I'm not going to call you out. The look on your face when I said no, I'm the new judge is all that I need.

00;46;37;27 - 00;46;42;21

Judge Gibson

00;46;42;23 - 00;47;02;05

Justice Wagner

But I'm very thankful for so many of you becoming dear, dear friends and supporting me and encouraging me over the last eight years. And many of you have told me over the summer, we miss you when you're gone. I'm not gone. I just moved my office down the street a few blocks. So please don't be strangers and I look forward to continuing to work with you.

00;47;02;08 - 00;47;25;23

Justice Wagner

To those who helped put today together Coble Caperton, Lawrence Nemec, Darrell Gresham, my dear assistant who's hiding behind the curtains? Emily Ray, my law clerks Nira, Nick and Kyle, who started last week and got told, guess what you're doing. And to those many firms you sponsor today. Thank you for making this possible. It's been a wonderful event to my family and close friends.

00;47;25;25 - 00;47;45;17

Justice Wagner

You know who you are. I often get asked, especially as a female, how do you do it all? I don't, I don't do it all. I can't do it all. Rely on the help and support of many, many of those in this front row. My family, my friends, my parents, my kids, grandparents, my brothers and sister in law.

00;47;45;19 - 00;48;08;04

Justice Wagner

They keep kids. They show for kids. They feed kids even at times, they have helped nurse a dog who ate too many pacifiers. Back to health. But we couldn't do it without your love and support and help and prayers. And last but not least, my boys. Two on stage and one sitting politely in the front row.

00;48;08;07 - 00;48;32;03

Justice Wagner

I'm not sure when Judge Stafford married Tom and I. And he said, for better or worse, that Tom realized I would in a few years be asking him to stand in a parking lot and 116 degree heat index with my name on his shirt, but he does everything with a smile most of the time. But my boys are key to me being able to do what I do.

00;48;32;05 - 00;48;55;01

Justice Wagner

They roll with it. They sacrifice right alongside me. They support me in any way that I ask. And I am so thankful for all three of them. When I say that this is an opportunity of a lifetime and a dream come true, bigger than any dream I could have dreamt. I hope you know that that's an understatement, and it is a mindset that I will use to guide my work for hopefully many years.

00;48;55;04 - 00;49;11;05

Justice Wagner

Since a young age, the law and the legal system have intrigued me. When I was a trial judge, I started every jury trial by telling the jurors we have the best legal system in the world. And I wanted them to know that. I wanted them to be as excited as I am about it. We have a system, though.

00;49;11;05 - 00;49;31;16

Justice Wagner

It's not perfect. It's ingenious in many ways. It's a civil way to resolve disputes and ensure that our Constitution and our laws are upheld. It's a system that I was able to witness as a young child. I was just a couple years older than Ben here when I began spending the summers and school holidays, and my parents and grandfather's law office.

00;49;31;18 - 00;49;48;14

Justice Wagner

And I would be remiss if I didn't mention my grandparents. They're not here today with us, but I know they're watching. I was blessed to be close with all three of them, especially when many of you might know him as Mister McCullough. A big papa was what I called him. He was a lawyer and practiced in Memphis.

00;49;48;16 - 00;50;11;09

Justice Wagner

One of my first days on the trial bench, Kim Johnson, Jerry Mitchell came to tell me a Calvin McCullough story I'll never forget. I thought they were approaching the bench to tell me how we've done it for the last 30 years, and instead, they wanted to tell me how my grandfather would try jury trials with onions in his handkerchief so he could draw tears as he talked to the jury.

00;50;11;11 - 00;50;30;25

Justice Wagner

I can assure you, nobody would be more proud to be here today than Big Papa. As a child, I was not much for sitting around, Tom might tell you. That hasn't changed a lot. And my parents didn't want to leave me at home as a fifth grader. And so I went to work with them and my grandfather. I learned to file subpoenas.

00;50;30;27 - 00;50;53;09

Justice Wagner

File lawsuits. I pulled deeds on microfilm at the registrar's office. But most importantly, I watched court Wyith Chandler one day when I was watching, Judge Chandler once threw a poodle at me. It wasn't a real poodle. You all know Millie, the white poodle that lived under his bench. It was a stuffed poodle that he kept in his courtroom, and lawyers were taking themselves too seriously.

00;50;53;09 - 00;51;11;08

Justice Wagner

He would just chunk it over the bench to to break the ice a little bit. So I think we should get some stuffies for the bench. Justice Kirby. During those summers, I did many things. I learned to investigate auto accidents. There was a time Papa took me down Humphreys Boulevard, right where the road turned past Baptist Hospital.

00;51;11;11 - 00;51;31;17

Justice Wagner

He pulled over to the side of the road. There's no bike lanes, if you all are familiar with the area. Handed me a disposable camera I kept under under his driver's seat, he says, now go out on that street and take a picture of that tree right there, the bark missing. That's the one the truck hit. He assured me he was watching my back as the cars were headed towards me.

00;51;31;19 - 00;52;01;10

Justice Wagner

I often wonder what mom, but we were doing that afternoon. But, well, I had a lot of fun. Maybe did a little dangerous things I learned from them the value of the law. I saw the law being used to help people, to solve problems and to make things better. I saw judges, mostly men, back then, but individuals who strive to serve not because of the robe or the title in front of their name, but because they love the law.

00;52;01;12 - 00;52;28;07

Justice Wagner

They love the role that the law played. And they loved our community. Later on, I would get to clerked for two great judges, Judge Butch Childers and Judge Steve Stafford, to explain the breakfast casserole comment. It was a requirement that the law clerks brought breakfast on Fridays. Not sure your courtroom clerk appreciated the breakfast casserole as much as the rest of us she got.

00;52;28;07 - 00;52;35;10

Justice Wagner

She always tells me she feels bad for Tom and my cooking skills.

00;52;35;13 - 00;52;58;16

Justice Wagner

But I saw from these two judges what it meant to serve, what it meant to roll up your sleeves, to really study the law, to be advocates for our legal system, and to make the hard decisions. Sometimes the unpopular decisions, sometimes the decisions that might be misunderstood, but truly meaningful work and dedication to upholding the law and advocating for our legal system.

00;52;58;19 - 00;53;18;16

Justice Wagner

When I first applied to be a judge, I was reviewing the Code of Judicial Conduct, and I was struck and continue to be struck by the preamble and how wonderfully it sets out the role of the judiciary and the importance of the judiciary. So I'm going to read it to you. An independent, fair and impartial judiciary is indispensable to our system of justice.

00;53;18;23 - 00;53;43;11

Justice Wagner

The United States legal system is based upon the principle that an independent, impartial and competent judiciary, composed of men and women of integrity will interpret and apply the law that governs our society. Thus, the judiciary plays a central role in preserving the principles of justice and rule of law. It then goes on to challenge the members of the judiciary to enhance the public's confidence in the legal system.

00;53;43;14 - 00;54;05;27

Justice Wagner

And I would challenge all of you to help us to do that and enhance the public's confidence in our legal system. We are blessed in Tennessee to have a great judiciary at all levels the Tennessee Supreme Court, the Court of Appeals, the Court of Criminal Appeals, and our many trial courts across the state. Smart and committed men and women of integrity across the state who love the law.

00;54;05;28 - 00;54;24;22

Justice Wagner

The role it serves in the great state of Tennessee. I am blessed and honored to get to be just one of them, and to get to serve the state of Tennessee on the Tennessee Supreme Court. I thank you all tremendously, especially Governor Lee, for this opportunity. I thank you all for being here today and for your support and prayers.

00;54;24;24 - 00;54;45;07

Justice Wagner

Thank you.

00;54;45;09 - 00;55;04;17

Judge Stafford

Now, I think we have a couple of presentations from the Tennessee Bar Association and the Shelby County Bar Association. Ed Blank was from the president of TBA, and Adam Johnson, President of the Memphis Bar Association. So, Justice Wagner, I believe they have something you.

00;55;04;19 - 00;55;10;29

Congratulations. You. Thank you so much. This is congratulations. Thank you.

00;55;11;01 - 00;55;32;14

Adam Johnson

I'm Adam Johnson, I'm the President of the Memphis Bar Association. And on behalf of the Memphis Bar Association, I am thrilled and pleased to present that gavel for you, Justice Wagner. I know the practitioners will be very sad to see you leave the circuit court bench, but we are so proud of you and we look forward to a long, rewarding career with the Tennessee Supreme Court.

00;55;32;14 - 00;55;49;08

Adam Johnson

So thank you.

00;55;49;11 - 00;55;55;27

Judge Stafford

You didn't think we'd get through it, did you?

00;55;55;29 - 00;56;30;18

Judge Stafford

Eight years ago, I had the pleasure of participating in Justice Wagner's investiture as a trial judge, and I made some comments at that point in time that were an error. What I said was, Mary, enjoy it. You'll never be more popular than you were that day. I was wrong, obviously, you're a lot more popular now than you were then, so enjoy it.

00;56;30;21 - 00;57;02;24

Judge Stafford

On behalf of Justice Wagner and her family, we want to thank you for being here today. Taking time from a very busy schedule speaks volumes of your friendship, your respect, your love. For Mary Justice Wagner. Excuse me. And your respect for our system of justice in the state of Tennessee. Your your presence is very much appreciated. I'm told now that, as we're about to conclude, there's a reception, there's food outside.

00;57;02;26 - 00;57;24;28

Judge Stafford

We would very much appreciate you staying and enjoying the food, getting to, speak with Justice Wagner and her family again. Thank you so much for being here. And your presence is very much appreciated. Thank you.

00;57;25;00 - 00;57;49;24

Host

For a more in-depth interview with Justice Wagner, check out episode 36 of Tennessee Court Talk, where I sat down with her for a more personal take of her life outside of the judiciary and the message she hopes to convey to a younger generation of lawyers in Tennessee. As always, for more information on the Tennessee court system, visit TNcourts.gov and follow Tennessee Court Talk on Apple Podcasts, Spotify, and all major podcasting platforms.