State Sen. Brent Taylor is studying a separation of the suburban cities and the unincorporated areas into their own criminal court jurisdiction, moving them away from the Memphis district overseen by District Attorney General Steve Mulroy.

Taylor, R-Eads, said there are several options to the separate judicial district and nothing could be accomplished immediately. Additionally, changes in legislation are necessary and legal challenges are possible.

It’s been 40 years since the current judicial districts were established. Taylor, a member of the state Senate’s judiciary committee, said some legislators already want judicial redistricting.

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Tennessee’s constitution says criminal prosecutors and judges must be elected with their jurisdiction, and Shelby County is its own judicial district.

One idea Taylor had was attaching Shelby County, except for Memphis, to a neighboring judicial district served by 25th District Attorney General Mark Davidson. The 25th District covers Fayette, Hardeman and McNairy counties along the state’s southern border east of Shelby, and Tipton and Lauderdale counties to the north. 

Last week, Taylor asked the Tennessee Administrative Office of the Courts if counties could be split. 

“It’s never been done, but there doesn’t appear to be a prohibition to it,” Taylor said.

He also wonders about a possible new judicial district within Shelby County, just covering the areas outside of Memphis. It would create two judicial districts within the county boundaries — one for Memphis and one for the suburbs and unincorporated Shelby County.

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“As I have thought about that, it might require an additional courthouse and that might be a conversation to have with the municipalities to see if they could provide courtroom space or go in together and build a courthouse,” he said.

If the suburbs were a separate jurisdiction, criminal incidents in the suburbs could be prosecuted faster, one Bartlett alderman said.

“This could be a better benefit for Mulroy because he’s got so much to deal with in the city of Memphis,” Bartlett Alderman David Reaves said.

Reaves wants the idea to be studied. He said the current system is tough for the Bartlett Police Department. 

“Our officers’ biggest point of frustration is (offenders) are not being prosecuted and we are seeing them again in our city borders. … It’s a major problem,” Reaves said.

It would take state action for any kind of change to occur. The bill deadline has passed for 2024, so it would be a while before any measure to change the current system. Taylor stressed he’s simply asking questions and exploring concepts.

There are still a number of unknowns, such as whether each municipality would have its own criminal court or if it would be a central court serving all of the area outside of Memphis. There also is the question of the type of jail facility necessary to handle inmates in the outlying criminal system.

For example, Lakeland and Arlington not only don’t have their own police departments, they also do not have jails.

Taylor has championed several bills aimed at the legal system in Memphis, in an effort to lower local crime rates. 

“The things that are imminent are bills that try to get the current district attorney (Mulroy) to be more vigorous in his prosecutions of violent crime,” Taylor said of this legislative session. “... He is moving in the right direction, but we need him to move more in that direction and be willing to lean into unaffordable bail moreso than he has been.”

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Collierville Mayor Stan Joyner and Arlington Mayor Mike Wissman said the idea had not been discussed with them.

Joyner worries a change could be costly. Collierville’s jail is a holding facility. Those behind bars for more than a few days are transported to a county facility, which is certified for more long-term custody. 

Germantown Mayor Mike Palazzolo serves on the Memphis Shelby Crime Commission and was open to hearing Taylor’s thoughts.

“Anything we can do to prevent crime and make sure victims are provided justice is very important to all of us,” Palazzolo said.