The fate of Judge Shelley D. Rucker hung in the balance as the Hon. Suzanne Bauknight took the bench and courtroom deputy Tanya Wallace opened the special session of the U.S. Bankruptcy Court for the Eastern District of Tennessee.
Everyone in attendance at the March 28 event knew the stakes. From the panoply of local and state judges seated in robed dignity near Bauknight to the assortment of Chapter 13 trustees, former law clerks, friends, family members and special guests who crowded the rest of the courtroom where Rucker had rendered decisions for 14 years, everyone was anxious to hear one thing: Bauknight’s ruling regarding her colleague’s proposed retirement.
First would come the arguments for and against confirming Rucker’s departure.
As the closely packed bodies in the gallery radiated enough heat to raise the temperature in the room, there was no foregone conclusion regarding Bauknight’s decision. Would she confirm the 65-year-old Rucker’s retirement and allow the judge to set aside her judicial robe and tomes of bankruptcy code and step into her golden years? Or would she rule against it and compel Rucker to continue to report for work?
Murmurs of recognition rippled through the gallery as retired U.S. Bankruptcy Judge John Cook stepped up to the podium to argue in favor of confirming Rucker’s retirement.
“I knew Judge Rucker as one of the best commercial bankruptcy attorneys in Chattanooga, and I was pleased when the Sixth Circuit selected her to become my new colleague (in 2010),” Cook began. “With her bankruptcy law experience, keen intellect, excellent writing skills, good judgment and integrity, she was an outstanding judge from the very beginning of her appointment, and she continued to be an outstanding judge throughout her career.”
While reflecting on the many talents Rucker brought to the bench, Cook expressed particular admiration for her communication skills.
“An important role for any judge in any case is to not only decide the case impartially according to the facts and the law but to also clearly communicate to the attorneys and parties involved – and to any reviewing court – how the case was decided,” Cook continued. “Judge Rucker crafted clear and thorough opinions in every matter.”
Rucker’s opinions were not the scribblings of old pens in dusty chambers but creative works of art that breathed life into a timeless judicial necessity, Cook plowed on.
“Think of the best teacher you had in school; Judge Rucker possesses those very qualities. Whether she was speaking to attorneys at seminars or to students at school programs or to judicial interns, law clerks or court staff, her innovative ways of organizing, conceptualizing and teaching about the law and the court were impressive.”
His treatise delivered, Cook urged Bauknight to confirm Rucker’s retirement and then stepped down.
Bauknight conceded that Cook made a compelling argument and then called Wallace, who’d worked with Rucker for more than three decades, to speak. Wallace also argued in favor of confirmation; however, her plea was strictly personal.
“Judge Rucker and I have worked together for 31 years – and that’s plenty. It’s time for her to retire because it’s time for me to retire. So, I ask that you grant this motion as soon as possible.”
After pausing to allow the raucous laughter her plea incited to subside, Wallace painted a different picture of Rucker than the people who only observed her in her courtroom saw.
“Everyone here knows her as Judge Rucker. But she’s also a wife, mom, sister and aunt, and her first name is Shelley,” Wallace continued. “I also call her friend. We’ve shared too much, been through so much, and we know each others secrets. Like the song by Kelsea Ballerini says, if you go down, I’m going down, too.”
Wallace then shared a poem she wrote to mark the occasion and pull on Bauknight’s heartstring, a portion of which read: “Let’s celebrate the journey we shared, the memories we made and the love we bared. For in this chapter we’ve come to know that in our sixties our spirits glow. Onward and upward into this new stage we go.”
A burst of applause filled the courtroom and a sea of heads nodded in unified consent as Wallace stepped away. But the matter before the court was not settled, as Chapter 13 Trustee Kara West had yet to drop the salvo in opposition to Rucker’s retirement.
West opened with a blow intended to bring the proceeding to an abrupt end.
“Judge Rucker, with all due respect, it appears your plan of retirement has not been properly served.”
Perhaps Rucker was known for wrinkling the poorly drawn plans of litigants in her courtroom with this legal bombshell. Or maybe West had just alluded to an inside joke known to every soul. Whatever the reason, the room exploded with laughter.
After stirring the pot, West seemed to shift gears and begin to argue in favor of confirming Rucker’s retirement.
“Dignity and respect are the hallmarks with which Judge Rucker approached the bench. She never forgot that this is a court of equity, and that most of the people filing for bankruptcy have already experienced hardship. She made sure debtors were heard while balancing the needs and rights of their lenders.
“Moreover, she did not limit herself to the arguments the litigants presented to her but dug in with questions to counsel. From the bench, she encouraged lawyers to seek out more information and new strategies that could better position the litigants for resolution.”
Having cleverly laid the groundwork for a twist, West then used her adversaries’ arguments against them to convince Bauknight to rule against the confirmation.
“It’s because of these qualities that I object to Judge Rucker’s plan. Her retirement will leave a void that can’t easily be filled in this courtroom and in our hearts.”
With this volley, the arguments for and against confirming Rucker’s retirement were concluded. But before Bauknight could render her decision, she asked to hear one more motion: U.S. Bankruptcy Judge Nicholas Whittenberg’s petition to authorize the unveiling of Rucker’s portrait.
Whittenberg sided with his colleague by offering a deeper look into her history.
A 1976 graduate of Girls Preparatory School, Texas Christian University and the University of Georgia School of Law, Rucker joined Miller & Martin in Chattanooga in 1983 and remained with the firm for 27 years.
As an attorney, Rucker was one of Miller & Martin’s first female partners and served as the chair of the firm’s bankruptcy practice group. She also played a key role in many large Chapter 11 cases. As judge, Whittenberg continued, she was the heart and soul of the Tennessee Eastern Bankruptcy Court.
“I know I can speak for the other bankruptcy judges, the entire court family and the practitioners who appear before you when I say we’ll miss you dearly, your honor.
“So, I respectfully request the unveiling of Judge Rucker’s portrait and rest my case, as much as I’d like to take these matters under advisement and hold my ruling for several years.”
“Justice delayed is justice denied,” Bauknight said in response to Whittenberg’s final words. She then summarized the points the previous speakers had made, including Rucker’s loyalty, her constant leadership, her faithful service and the ways in which she modeled judicial temperament and skill as she thoughtfully considered more than 40,000 cases. (Westlaw reflects 187 decisions written by Rucker, of which 47 were reported, according to earlier comments by West.)
“In short, the record has been made today to establish the enormous impact of Shelley Rucker’s efforts during the whole of her career,” Bauknight said.
“The court therefore confirms her retirement plan as a point of personal privilege. The court also grants the motion of the Hon. Nicholas Wittenberg for Judge Rutger’s portrait to grace the walls of the bankruptcy courtroom for generations to come.”
In a motion to supplement the record following the unveiling of her portrait – a stately picture by Chattanooga photographer Taylor English – Rucker said her decision to retire was not based on her dissatisfaction with her position.
“This is the best job I’ve had. I love the people with whom I work, I love the place at which I work, and I love the kind of work we do.
“I love a law that offers a second chance and a fresh start to someone who’s had misfortune, as long as they’ve been honest in their dealing with others and with the court.
“But now that I’m over 60, I’ve had to consider my family and the sacrifices they’ve made so I can have this experience. Time has become a more precious commodity. I want to be there for my family. When people ask what I’m going to do in retirement, I say I have no specific plans. I know I’m going to be lost on Thursdays.”
Earlier, West asked a relevant question as she presented her motion to deny Rucker’s retirement: Will the judge genuinely retire and leave her passion for the law behind? West said she’s unconvinced.
“Had this been a plan of partial retirement or simply Judge Rucker stepping down from the bench, I believe there would be no objection, but a full retirement is hard for me to conceive. So my objection is based on feasibility. Is it feasible that Judge Rucker will fully retire? I’m skeptical.”
Bauknight said Rucker’s time on the bench might be over, but her story is not done.
“I expect we’ll hear tales of continued community service and fun times with her family. And we’ll all be watching as she navigates retirement with the same grace with which she navigated her life up to this moment.”