State Senator Brent Taylor (R-Memphis) confirmed on Friday that enforcement of his legislation prohibiting Tennessee judges from considering a defendant’s ability to pay when setting their bail was allowed by a federal judge.
The judge made the decision despite determining the lawsuit brought by restorative justice organization Just City against Tennessee over the law will proceed.
“Just City quickly moved to save its discredited ability to pay schemes by filing suit in federal court. Can you believe we have individuals so hellbent on protecting criminals when our community is in the midst of a crime crisis?” Taylor wrote in a post to X, “Just City’s attempts to block my law banning ability to pay bail policies FAILED in court when their request for a preliminary injunction was DENIED because they were unable to show a likeliness to win on the merits of the case.”
Following the decision, Taylor expressed confidence the court would ultimately side with Tennessee and dismiss the lawsuit.
“Please be sure to let our local officials and elected representatives know how much you dislike failed ability to pay bail policies and Restorative Justice Schemers! We must all work together this next legislative session beginning in January,” wrote Taylor.
🚨 Just City’s request for a preliminary injunction DENIED in federal court. Details below. 🚨
Restorative Justice Schemers prioritize coddling criminals over keeping our community safe. Unfortunately, in an effort to Make Memphis Matter, we’ve had to battle our own Restorative… pic.twitter.com/Z6A4X4aJLB
— Senator Brent Taylor (@SenBrentTaylor) December 6, 2024
The Just City lawsuit, which was filed on behalf of the restorative justice group by the American Civil Liberties Union in July, claims the law “mandates arbitrariness by requiring judges to ignore the consequences of their bail orders and disregard whether arrestees will be released or detained.”
Taylor has repeatedly sparred with Shelby County District Attorney Steve Mulroy and General Sessions Court Judge Bill Anderson over their alleged refusal to enforce the legislation, with the state senator recently demanding Mulroy appeal after Anderson released a man accused of shooting a FedEx worker without bail.
Anderson was previously reprimanded by Tennessee’s Board of Judicial Conduct (BJC) after he railed against the state’s bail system in public remarks, and Taylor filed a second complaint with the board after the judge claimed he was prohibited from considering the facts levied against a defendant when setting bail.
The state senator wrote, “Last year Rogue Judge Anderson was reprimanded by the Board of Judicial Conduct after I filed a complaint regarding his public comments disparaging the bail system in Tennessee. Should he receive another reprimand, he will automatically be referred to the General Assembly. If that occurs, I will file a resolution of removal.”
Taylor has also pledged to file a resolution with the General Assembly that will oust Mulroy from office during the upcoming legislative session.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Judges and D.A.’s who willfully let violent criminals out on the streets should be they themselves jailed.