- Voters may vote on referendum during presidential primary
- Smyrna will keep Municipal Court, town manager says
- Town court clerk says General Sessions Court ‘is a benefit for a better quality of life’
- Tennessee Constitution protects terms of elected judge and court clerk
- Brewer questions Hercules numbers on indirect costs for criminal court
The fate of Smyrna ditching or keeping its local General Sessions Court has divided town officials.
The Smyrna Town Council will consider a proposed change of charter process that includes a voter referendum on whether to discontinue the 30-year criminal court operation during a meeting that starts at 5 p.m. Tuesday at Town Hall.
Elected Smyrna Town Court Clerk Lisa Brewer questions why six of seven council members so far have backed the process recommended by Town Manager Brian Hercules if they want to get rid of the General Sessions Court for criminal cases while retaining the revenue-generating Municipal Court for traffic and code violations.
The two courts combined generated a net revenue increase of as $144,954 for the town the previous fiscal year, according to the the town manager’s latest report, Brewer said.
“It is important for the public to understand that if this goes to a referendum, the town (council) will be asking them to vote to give up their right to choose their Town Judge (Brittany Stevens) and town court clerk in the future,” said Brewer, who won her seat August 2022. “Instead, they will not get a choice. The council wants the authority to appoint a judge of their own choosing and feel the town manager should be allowed to hire or promote whichever town employee he sees fit to the clerk’s position.”
Brewer contends Smyrna taxpayers will be better served by retaining her elected office and the one for Judge Stevens.
“I think the citizens need to remember that there is a separation of legislative, executive and judicial powers for a reason,” said Brewer, who has served with the Smyrna Town Court Clerk’s Office for about 28 years of her nearly 29 years overall as a local government employee. “This is so that one cannot intimidate or blackmail the other for fear of losing their position. That is what I feel is happening here in Smyrna.”
Brewer noted that her experience includes earning a law degree from Nashville School of Law and being a town court court clerk supervisor prior to winning her seat.
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Voters may vote on referendum during presidential primary
If two-thirds of the town council agrees to the proposed charter-changing process, Smyrna voters may decide if they want the town government to get rid of the General Sessions Court in a referendum that would be set March 5. That same date is when voters can participate in a party primary for U.S. president, Rutherford County property assessor and highway superintendent, and school board seats for the county and Murfreesboro districts.
Any change in the charter to discontinue the Smyrna General Sessions Court also would require a majority approval by the Tennessee General Assembly before the town council could adopt the change by a final two-thirds vote.
The process also requires two initial two-thirds votes by the council. The Tuesday vote will follow a previous September two-thirds vote with only council member Racquel Peebles, who’s a Smyrna attorney, opposing.
The September vote included Smyrna Mayor Mary Esther Reed, Vice Mayor Marc Adkins and fellow council members H.G. Cole, Tim Morrell, Gerry Short and Steve Sullivan backing the charter-changing process that could eliminate the town’s General Sessions Court.
“What they are voting for is to send it to referendum,” said Hercules, who’s been town manager since 2018. “Citizens should be involved.”
Brewer questions Hercules numbers on indirect costs for criminal court
Hercules said operating the General Sessions Court costs the town nearly $1 million annually.
“It’s not a really good business model,” Hercules said. “It’s a drain on the community on what it costs us to operate General Sessions (Court).”
Another concern of the General Sessions Court is Smyrna facing liability and safety issues by sending police officers to the county jail in Murfreesboro to transport inmates for court dates, Hercules said.
If an inmate escapes or if someone is hurt in the transporting process, “that liability is huge,” Hercules said.
Brewer questions the way Hercules provided information to the council about police inmate transporting costs.
“To my surprise, the town manager also presented to the council additional indirect costs of over $500,000 for the salaries and benefits of five police officers who transport inmates from the jail to court on Tuesday and Wednesday afternoons, for court security, and for one officer acting as court liaison,” Brewer said. “Those figures were presented as costs to the court; however, neither the judge nor myself is responsible for the police department budget. We have no control over what the police department spends.”
The police department also provides security for Smyrna Town Council meetings, the annual fireworks show and many other events just as officers do for the courts, Brewer said.
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Hercules says town is redundant in offering General Sessions Court
The town manager said Smyrna must share 40% of the criminal court’s revenues from forfeitures and fines with the county as a result of a lawsuit from the county, which by statutory law must provide General Sessions Court services.
“It’s a redundant service we’re paying county tax dollars to provide,” Hercules said.
Unlike General Sessions Court, the town’s Municipal Court is financially stable in presiding over traffic and code violations, Hercules said.
“Murfreesboro, Eagleville and La Vergne already do all General Sessions through the county,” Hercules said. “The town will continue to render the local (Municipal) Town Court if we are successful in moving General Sessions back to county.”
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Town court clerk says General Sessions Court ‘is a benefit for a better quality of life’
The town manager noted that other cities such as Murfreesboro operate Municipal Court with part-time judges and let the county handle General Sessions Court criminal cases.
A local General Sessions Court helps police and residents, Brewer said.
“The court in Smyrna is a benefit for a better quality of life for the residents,” Brewer said. “It keeps officers from having to drive to the county jail (in Murfreesboro) to take out every warrant, something the Smyrna judicial commissioners do remotely now, and from having to be off the road to attend court in the county (at Rutherford County Judicial Center in downtown Murfreesboro).”
The town’s General Sessions Court also benefits the Smyrna residents, Brewer said.
“I imagine people like my parents, who have difficulty getting around these days, and how difficult going to the County (Judicial Center) would be on them versus being able to stay in town and park right in front of the Justice Center entrance,” Brewer said.
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Tennessee Constitution protects terms of elected judge and court clerk
If if the town eliminates the General Sessions Court, the local government by law would have to allow Judge Stevens to complete her eight-year term she won August 2022 to preside over Municipal Court and Brewer to finish a four-year term, confirmed state Rep. Tim Rudd, R-Murfreesboro.
“I asked the state legislative attorney who would be the one who would write any legislation regarding local government,” Rudd said. “He said it would violate the Tennessee Constitution to eliminate or reduce the salary of an elected official in the middle of their term. Municipalities have the right to eliminate or change an official’s office at the end of their term. I informed Smyrna officials that their pursuit of eliminating the Smyrna General Sessions Court and Court Clerk was unconstitutional and provided them the state constitutional reference.”
If the town eliminates General Sessions Court, Judge Stevens would still preside over Municipal Court throughout the remainder of her eight-year term and collect full-time pay for an annual salary that is at $121,360 at this time, Hercules said.
Brewer would continue to serve her four-year term with a current annual salary of $88,056 if the town discontinues General Sessions Court. The town court clerk job would still be full-time, but those working in other court clerical positions might be transferred to other Smyrna government jobs to “retain them as employees if they choose to stay,” Hercules said.
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Town could face costs to send police to Murfreesboro for court
The town will face costs for officers making trips to General Sessions Court in Murfreesboro, Brewer said.
“There is a study from 2018 where the police department, with help from the finance department, showed that the cost of new officers and equipment in order to have enough police coverage for transferring the General Sessions Court back to Rutherford County, would cost $1.2 million,” Brewer said.
The $1.2 million estimate was for the first year.
The annual costs would then be $1.1 million annually for police services if the town eliminates General Sessions Court, according to the 2018 study.
Reach reporter Scott Broden with news tips or questions by emailing him at [email protected]. Follow his tweets on the X social media platform @ScottBroden. To support his work with The Daily News Journal,sign up for a digital subscription.
Meeting time and location
The Smyrna Town Council is scheduled to consider whether to ask voters whether to eliminate the local General Sessions Court for criminal cases during a 5 p.m. Tuesday at Town Hall, 315 S. Lowry St.