Judge ruling on Ford seat has ties with political clan

If court upholds ouster, her brother to help fill position

By BONNA de la CRUZ, Tennessean.com
Staff Writer

January 20, 2006

The fate of Sen. Ophelia Ford's future as a senator is in the hands of a federal judge in Memphis and could later move to the Shelby County Commission — and both have Ford family connections.

U.S. District Judge Bernice B. Donald, who put the brakes on the Senate's efforts to unseat the new state senator, was recommended for the post by Ophelia Ford's brother, Harold Ford Sr., when he was a congressman. Donald will hear the case Wednesday.

Two years after Donald was appointed to the federal bench by President Clinton, Donald administered the oath of office to the state's newest congressman — another Ford, Harold Jr., who is Ophelia Ford's nephew.

And if Ophelia Ford is booted from the Senate, one of the Shelby County commissioners who will decide her successor is another Ford brother, Joe Ford.

"Isn't it funny how it all ties together?" said Bob Davis, chairman of the Tennessee Republican Party.

But Joe Ford said there's nothing untoward about the relationships.

Ophelia Ford, a funeral director and insurance agent in Memphis, was elected to the Senate last year in a special election to take over the seat that was held by another brother, John Ford.

She became the first woman to enter politics from the influential Democratic Ford political dynasty.

But voting irregularities have been reported in the September election. The Senate was in the process of nullifying her election until Donald issued an order to block action until a hearing next week.

"I am very pleased with the court's orders," Ophelia Ford said yesterday when approached at the state Capitol.

Harold Ford Sr.'s recommendation for Judge Donald was noted in 1995 by the Memphis Commercial-Appeal newspaper. As a federal judge, she hears criminal and civil cases from throughout Western Tennessee. The Commercial-Appeal also noted Donald's role in swearing in Harold Jr. on a cloudy Memphis day in 1997.

Joe Ford said the family did not pick Judge Donald to handle the case, nor is she a close family friend.

"A judge takes an oath of office to be fair," he said. "We know a lot of people. The judge knows a lot of people. But there are no ties."

If the judge allows the Senate to throw out the election, it will be up to the Shelby County Commission to appoint a senator until an election in November. Both Ophelia Ford and Republican Terry Roland, who lost the September election, say they want the appointment.

Joe Ford, one of 13 county commissioners, says he would not nominate his sister but would vote for her.

"I support her. She is the senator. I would feel no conflict," he said.

Republicans hold a 7-6 majority on the commission. The commission chairman, Republican Tom Moss, said he would back Roland.

With Ford's ouster in limbo, a Senate panel reviewing the election process is expected to meet next week to determine whether illegal votes were cast and to send the Senate a recommendation.

Sen. Mark Norris, R-Collierville, questioned whether a federal judge has a right to intervene in matters of the state Constitution and Senate action.

He and 16 state senators who voted in committee to overturn the election are named as defendants in Ophelia Ford's court complaint.