New legislation filed Monday in the Tennessee General Assembly would empower Attorney General Jonathan Skrmetti to launch nepotism investigations against judges, magistrates, elected judicial officials, and district attorneys, then launch criminal action if warranted.
According to its summary, House Bill 96 by State Representative Elaine Davis (R-Knoxville) and SB 19 by State Todd Gardenhire (R-Chattanooga) would authorize “the attorney general and reporter to conduct an investigation and initiate criminal prosecution” of judicial officials so long as there is “probable cause” the judicial officials or district attorneys may have engaged in nepotism. The present law empowers the Attorney General to investigate and prosecute such officials for other crimes.
Included as probable cause, under the proposed legislation, are decisions made by a judicial official that may have resulted, “in a personal, financial, or political conflict of interest,” though investigations can also be launched if the Tennessee Attorney General’s Office “receives a report of a violation of the prohibition on nepotism within state government entities.”
The text of the legislation specifically would authorize the Attorney General’s Office to investigate and prosecute “any judge, chancellor, or judicial elected official, or district attorney general, or both,” should such probable cause arise of nepotism, or should it receive a report indicating lawbreaking occurred. The legislation would take effect immediately upon becoming law.
It was filed as State Senator Brent Taylor (R-Memphis) confirmed his plans to ask the General Assembly to remove Shelby County District Attorney Steve Mulroy from office, arguing that the district attorney had repeatedly flouted Tennessee law.
Taylor recently held a press conference where he outlined his nine causes for Mulroy’s removal, also claiming the district attorney colluded with a judge to release a prison inmate illegally, failed to inform victims and their families of legal proceedings adequately, and mismanaged his office’s finances. Mulroy said the effort to remove him was without cause.
The state senator previously suggested he would ask the General Assembly to remove Shelby County Chancery Court Judge Bill Anderson, who publicly disparaged Tennessee’s bail system, and allegedly failed to comply with legislation prohibiting judges from considering the financial circumstances of defendants when setting bond. Anderson recently announced his resignation.
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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].
Editor’s note: This article was updated to clarify the legislation would specifically allow the Attorney General’s Office to pursue investigations and prosecutions for nepotism.
This would be worth watching the legislative discussion. Should it pass, the details of the bill as written may cause some folks to decide to “spend more time with their family”