Premium

Reports outline Shelby County’s court issues. So what are the solutions?

By , Daily Memphian Published: December 08, 2023 4:00 AM CT

Courtroom proceedings at the Shelby County Criminal Justice Center, also known as 201 Poplar, have been under a magnifying glass as observers have sat in to study the efficiency of the criminal justice process. 

Two separate reports — one from local nonprofit Just City and a second from a court watcher hired by outgoing Memphis Mayor Jim Strickland — shed new light on the system, specifically when it comes to case resolutions and trial numbers.


Few trials and many dismissals at 201 Poplar, reports say


The Daily Memphian detailed the two court watch reports in our Thursday, Dec. 7, edition. Here is a link to that story.

Recently, Strickland released a report he contracted retired Criminal Court Judge Robert “Bobby” Carter to create.

Carter’s report focused largely on the lack of trials being held in Shelby County and how long it takes for cases to be resolved. In the report, released on Friday, Dec. 1, Carter suggested solutions to increase the number of trials being held and ultimately speed up the disposition of cases.

Case ‘complexity’ contributes to longer resolution times, judge says

Quoting statistics from the National Center for State Courts that suggest 98% of felony cases should be closed within one year and misdemeanor cases in six months.

“This is clearly not the case in Shelby County,” he wrote.

Carter told The Daily Memphian there are exceptions: “Obviously there are anomalies, but what you’re talking about is your average case and your day-to-day.”

Most criminal court cases took more than a year to resolve, according to Just City’s report. Most general sessions criminal court cases took an average of four months or more to resolve.

Criminal Court Division 7 Judge Lee Coffee had the longest disposition time at an average of 800 days, according to the Just City report.


DA’s office won’t oppose requests for court fee waivers


Coffee, as one of two judges who receive cases from the Shelby County District Attorney’s Office Special Prosecution Unit, has presided and continues to preside over arguably some of the city’s highest-profile cases.

The unit handles cases involving repeat felony offenders and seeking maximum sentencing upon conviction, according to the DA’s office. 

“I’m not surprised it takes cases longer to be resolved in my court and Judge Craft’s court because of the complexity,” Coffee said.

Criminal Court Division 8 Judge Chris Craft is the other judge who receives cases from the unit.

Coffee pointed to additional complexities involved if a defendant also has pending federal charges; state charges can’t be resolved until federal charges are cleared.


‘Excessive tardiness’ and ‘mean-spiritedness’ among complaints against judges


Coffee said 30% to 40% of defendants in his courtroom who are in custody have pending federal charges.

Just City Court Watch program manager Yonée Gibson previously told The Daily Memphian that the different types of cases judges see don’t necessarily come into play.

“Regardless of the charge, the law is that everyone is entitled to a speedy trial,” she said. 

Violent charges that take longer to resolve should be prioritized anyway, she said, because of the trauma they can cause families involved and the work necessary to preserve a case’s integrity. 

‘Rocket docket’ one strategy to consider, according to Carter’s report

Carter wrote that a case management plan coupled with his report could be a start to speeding up disposition.

He also said a plan should be developed to resolve cases that are more than 500 days old. 

“The federal court ‘rocket docket’ model could be used in the instance,” he said. “Of course, it will require the trial courts to conduct trials at a pace far above that which has been the norm for the last year.”


Retired judge examining courts for the city makes $200 per hour


Originally named for U.S. District Court for the Eastern District of Virginia, a “rocket docket” generally refers to courts that resolve cases quicker than most.

Carter said fixing issues at the courts would require the combined effort of judges, the district attorney’s office and Memphians.

For judges, Carter said they must ensure that cases aren’t allowed to “drag on.”

For the district attorney’s office, he said prosecutors must be trained to “evaluate cases fairly, prepare them effectively and present them to a jury promptly and persuasively.”

“They must be the ‘people’s attorney,’ especially the victims of crime,” he said. 


Mayor Jim Strickland doubles down on ‘broken’ criminal justice system on WKNO


And all community members need to be aware of their constitutional rights.

“At the end of the day, a knowledgeable and vocal public is the most effective mechanism for insuring [sic] that the judges and district attorney effectively protect the community and guarantee their rights as well as those of the accused.”

Topics

Subscriber Only Shelby County Criminal Justice Center 201 Poplar bobby carter Just City

Are you enjoying your subscription?

Your subscription gives you unlimited access to all of The Daily Memphian’s news, written by nearly 40 local journalists and more than 20 regular freelancers. We work around the clock to cover the issues that impact your life and our community.

You can help us reach more Memphians.

As a 501(c)(3) nonprofit organization, we provide free news access at K-12 schools, public libraries and many community organizations. We also reach tens of thousands of people through our podcasts, and through our radio and television partnerships – all completely free to everyone who cares about Memphis.
When you subscribe, you get full access to our news. But when you donate, you help us reach all Memphians.

Pay it forward. Make a fully tax-deductible donation to The Daily Memphian today.

Thank you for reading the local news. Thank you for investing in our community.

Aarron Fleming

Aarron Fleming

Aarron Fleming covers public safety for The Daily Memphian, focusing on crime and the local court system. He earned his bachelor’s in journalism and strategic media from the University of Memphis.

Public Safety on demand

Sign up to receive Public Safety stories as they’re published.

Enter your e-mail address

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Comments

Want to comment on our stories or respond to others? Join the conversation by subscribing now. Only paid subscribers can add their thoughts or upvote/downvote comments. Our commenting policy can be viewed here