Should there be more than one Juvenile Court judge in Shelby County?
It’s a question that first came up in the wake of the 2006 county election when a newly installed Democratic contingent on the County Commission proposed the establishment of a second judge and voted to create one.
After a drawn-out legal process that effort was disallowed, it’s now baaack! Maybe. It comes via the suggestion of Tarik Sugarmon, a candidate for what is still a solitary position of Juvenile Court Judge.
That original move to double the number of judges was stoutly resisted by the Republican minority on the Commission and, most importantly, by Juvenile Court Judge Curtis Person, a former state Senator and longtime Court referee who was himself fresh from an election victory in 2006. Person sued to block it.
The issue was argued over back and forth, subjected to a court stay and a lifting of the stay by a Shelby County Chancellor, until, finally, a state Court of Appeals decision in 2007 ruled invalid the Tennessee statute empowering such an action on separation-of-powers grounds. The state Supreme Court declined to review the matter back then.
What may revive it was a statement made at a press conference on Friday by Sugarmon, one of the two candidates for Juvenile Court Judge (the other being incumbent Judge Dan Michael). The point of the press conference at a park adjoining Cummings Elementary School, was for County Mayor Lee Harris and Democratic D.A. candidate Steve Mulroy to endorse Sugarmon’s candidacy.
Once that was duly done, a brief Q-and-A session with reporters ensued, at which Mulroy was reminded of the second judge issue, which took place when he was a member of the Commission and a leading proponent.
Mulroy said on Friday said he still liked the idea. “I’ve thought for a long time that the current system we have where there’s one person that is sort of in charge of this whole fiefdom and appoints all these judicial commissioners, is probably not the best model. It’s not even the most common model around the country. Multiple judges and juvenile courts are really the norm. And we’re the exception.”
But the courts had ruled against it, Mulroy conceded, and “that is currently the law.”
But is it? Sugarmon didn’t think so. “If I’m not mistaken,” he said, “according to the Charter now, and the court records, one of them [a Juvenile Court judge] can be appointed by the County Commission. So I think that could be permission for upgrading the office. No one in the original ruling of the Court said they had to go back to the state legislature. So hopefully, with the legislative way, that can occur because we do need more judges on the Court.”
“So you support the proposal?” Sugarmon was asked.
“Certainly,” he said.
“That’s news. Welcome news,” a surprised Mulroy said.
Note that Sugarmon cited the Shelby County charter, not the state law invalidated in 2007 by the state Court of Appeals.
And consider the possibility that a newly empaneled County Commission might act on what Sugarmon says is by the authority of the Charter and vote again for a second Juvenile Court judge. If Sugarmon, now on record as advocating a second judge, were to be elected, he would obviously decline to claim a legal standing to oppose such an action, unlike Person in 2007.
There could be more legal bridges to cross, of course.
As of this writing, Judge Michael has not expressed an opinion on the value of a second Juvenile Court Judge.
In endorsing Sugarmon, currently a city judge, for election as Juvenile Court Judge, Mulroy had recounted his own concerns about alleged outmoded procedures in the D.A.’s office and said, among other things, “We need a new approach. We need change. And real change is only going to happen if we have change at the top. Now, the situation I described accurately describes my race for District Attorney. But it also accurately describes the situation at Juvenile Court, which is why I am very pleased to be here today to say that I am endorsing Tarik Sugarmon for Juvenile Court Judge. That is one reason why I’m doing it.”
In his turn, Mayor Harris commented on an incident at nearby Cummings Elementary in which a child was discovered to have brought a gun to school. “Behind us, of course, you see Cummings Elementary School, the site of such tragedy. But that doesn’t mean that this is a site … where we’re gonna throw away our kids. We know that no matter what happens in the lives of young people in Memphis and Shelby County, they all have potential, and we all have to remind them that their future is bright and there is opportunity ahead of them. So I’m pleased to support Judge Sugarmon, because he’s the right kind of candidate for this moment.”