The DeKalb County Commission met last Monday evening at the Mike Foster Multi-Purpose Center, with the appointment of the county’s three judicial commissioners as one of the main topics of discussion.
Currently Tammy Ashburn, Joy Whitman, and David Gash serve as judicial commissioners for one-year terms, with a salary of $13,900 per year each. Each were vetted and recommended by a judicial committee for the count commission’s approval.
In the past, an appointed judicial committee has been made up of Sheriff Patrick Ray, County Mayor Tim Stribling, Circuit Court Clerk Susan Martin, General Sessions/Juvenile Court Judge Bratten Cook, II, and Assistant District Attorney General Greg Strong. But Seventh District County Commissioner Bruce Malone had asked County Attorney Hilton Conger whether there was any statutory authority to have a judicial committee.
The duties of judicial commissioners include processing criminal summons for the general public; Orders of protections; signing all arrest warrants for the Smithville, Alexandria, and DeKalb County Sheriff’s Departments, Tennessee Highway Patrol, Edgar Evins State Park Rangers, and TWRA Officers; signing search warrants and search warrants for blood draws; signing Mittimus; setting bonds; speaking with every person who has been arrested; answering any and all calls from the public; and attending certification classes three days each year with no pay for hours attended.
Judicial Commissioners are subject to call at all hours of the day and night when on duty. Only one judicial commissioner works at a time during a one week period on call for 168 hours. They rotate their weeks one week on duty and two weeks off.
Ultimately, it is the county commission that appoints the judicial commissioners, but the judicial committee, comprised of officials that know and understand the roles and duties of judicial commissioners, interview and recommend to the commission worthy applicants.
Attorney Conger addressed the commission at their recent Committee of the Whole meeting, saying there is no statutory authority for a judicial committee, but that if the county commission chooses a judicial committee, it could still serve as an adhoc committee and continue to make recommendations on appointments to the county.
The county commission would have to re-establish the committee since it was not included in the standing committees when new policies and procedures were established several months ago. The county mayor would appoint members to serve on the judicial committee.
If the judicial committee is not re-established the county commission could simply re-appoint the judicial commissioners already serving or take on the role themselves of vetting applicants, something most say the commission is not qualified to do.
During that meeting Commissioner Myron Rhody said he didn’t see the need of changing the way the appointments were done in the past. “Evidently it’s working the way it is, and if it’s working, I don’t think we should change it.”
Commissioner Beth Pafford echoed Rhody’s sentiment, “My thought is it seems to be working as it is. I think we should just keep it.”
At Monday’s meeting the commission simply voted to reappoint Ashburn, Whitman, and Gash to another one-year term. Commissioner Rhody made the motion to reappoint, while Matt Adcock seconded. All in attendance voted in favor, with Bruce Malone as the only “no” vote.
The commission also set a date to brainstorm ideas for the use of funds from the American Rescue Plan. The commission set a date of November 16, at 6:30, for the workshop meeting.
The commission also tackled a budget amendment for the DeKalb Sheriff’s Department sale of equipment, for vehicles and items sold at auction on August 8, in the amount of $23,447.83. Sheriff Patrick Ray asked the commission to credit his motor vehicles budget in the amount of $22,419, his training budget in the amount of $995.93, and his corrections other supplies $32.90.
Commissioner Bruce Malone made a motion to designate the $22,419 so that it would be used to offset the cost of the 24/7 healthcare recently implemented at the DeKalb County Jail. Malone said that he felt the sheriff had more than enough time to ask for the money for the healthcare during the time the county was working on the budget. Commissioner Julie Young seconded the motion.
Sheriff Ray again explained to the commission that the money made during the auction goes toward replenishing items at the department. One item sold at the auction was an equipment trailer for in-service training that was leaking and will need to be replaced. “Those funds go back into our budgets to help buy things that we need,” Ray said. “It keeps us from having to come to you (the commission) and ask for something else.”
Sheriff Ray also explained that the 24/7 healthcare nurse at the jail was due to a liability concern that protects the county, and dissuades unnecessary emergency room visits and ambulance rides by inmates.
In the end, Malone’s motion failed with only he and Young voting in favor. Jerry Adcock, Matt Adcock, Myron Rhody, Beth Pafford, Anita Puckett, Shea Flatt, Suzanna Cripps-Daughtry, Jeff Barnes, and Sabrina Farler voted no.
Commissioner Matt Adcock then made a motion to approve Sheriff Ray’s request with a second by Rhody. Commissioner Puckett addressed the meeting saying, “We’ve been doing this for years. This is how they replace what’s broken, and they don’t come before the commission asking for every little thing they need. This is not something new.”
The motion passed nine yes, with Malone and Young voting no.
