In re Brown

879 S.W.2d 801, 1994 Tenn. LEXIS 170
CourtTennessee Supreme Court
DecidedJune 13, 1994
StatusPublished
Cited by1 cases

This text of 879 S.W.2d 801 (In re Brown) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Brown, 879 S.W.2d 801, 1994 Tenn. LEXIS 170 (Tenn. 1994).

Opinion

OPINION

REID, Chief Justice.

This case presents an appeal from the judgment of the Court of the Judiciary that the appellant, Joseph B. Brown, Jr., Judge of the Criminal Court of Shelby County, violated Canons 2A and 3A(3) of the Code of Judicial Conduct, T.C.A. § 17-5-302(3), (8). The Court of the Judiciary, with five of the eleven participating judges dissenting, found that certain statements made by the appellant in open court regarding the Juvenile Court of Memphis and Shelby County constituted a violation of the Code, and the court unanimously found that the appellant’s delay in responding to the proceedings against him in the Court of the Judiciary was a violation of the Code. The Court of the Judiciary imposed a public reprimand on each viola[802]*802tion. The record does not support the judgment of the Court of the Judiciary on the first issue; it does support the Court’s finding on the second issue.

This proceeding had its commencement with a letter written by the chief staff attorney of the Juvenile Court of Memphis and Shelby County to the presiding judge of the Court of the Judiciary. The letter reported to the Court of the Judiciary statements made by the appellant during the course of hearings in his court on petitions for habeas corpus filed by certain persons who had been incarcerated upon orders of the juvenile court for failure to make child support payments ordered by that court. The basis for relief claimed by the incarcerated petitioners was that the procedure followed by the Juvenile Court, including that authorized by the Juvenile Court Referee Act, T.C.A. § 37-1-107, was unconstitutional.

The Juvenile Court of Memphis and Shelby County was created by private act in 1967. 1967 Tenn.Priv.Acts, Ch. 219. The act provides that “the person who holds the position of Judge of the Memphis Municipal Juvenile Court at the time that the act shall become operative ... shall become the judge of the Juvenile Court of Memphis and Shelby County” to serve until the next county election. Ch. 219, § 6. According to the act, the judge would then be elected for an eight year term. The act did not require that the judge be a lawyer. Judge Kenneth A. Turner, who is not a lawyer, but who held the position of judge of the Memphis Municipal Juvenile Court at the time that the act became effective, became the judge of the Juvenile Court of Memphis and Shelby County in 1967 and continues to hold that position.1 Judge Turner has at least five referees who, in addition to other duties, hear eases in which imprisonment may be imposed as punishment. See Anglin v. Mitchell, 596 S.W.2d 779 (Tenn.1980) (a non-lawyer juvenile court judge is prohibited by due process from confining or otherwise depriving a defendant of his liberty); see generally, State v. York, 615 S.W.2d 154 (Tenn.1981); T.C.A. § 17-1-106. The referees who work under Judge Turner’s direction, like all juvenile court referees, are required to be lawyers. T.C.A. § 37-1-107.

The Canons found by the Court of the Judiciary to have been violated provide as follows:

2A. A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
3A(3). A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom he deals in his official capacity, and should require similar conduct of lawyers, and of his staff, court officials, and others subject to his direction and control.

The statements made by the appellant and found by the Court of the Judiciary to constitute a violation of Sections 2A and 3A(3) of the Code, and the context in which they were made, are as follows (the offending statements are underlined):

I’m just very interested in why, after twenty-seven years, somebody down the street doesn’t get the idea that the law of the United States of America doesn’t apply to that place. And I hope when somebody addresses this factual matter, we get this point — there’s a war that just got through getting fought over in the Middle East because we have a tyrant who exercises exclusive powers and control.
In the United States of America, not a single citizen is supposed to be subjected to somebody who exercises an executive function and a judicial function. I am very concerned with, and I want us to get around to that, and we will move on these matters very quickly. Twenty-seven years is long enough for somebody to get their act together down there.
In the United States of America, a citizen of that country, of the State of Tennessee, in the County of Shelby, in the City of Memphis, is not supposed to have the same man charge him, arrest him, and try [803]*803him, or the agents of the same man. That’s un-American, and that’s not suppose to exist.
I hope somebody is going to get that in context, because if it doesn’t get straightened out down there, it will get straightened out from here.
* * * * * *
Now, God in heaven, this thing has been kicking around here for several months, waiting for this hearing, and then I get this thing together and nobody down there acts like they’ve heard of the law.
Now, somebody, somewhere, please, let’s get to the meat of this so we can deal with bringing Shelby County, Tennessee, as it applies to juveniles, into the Twentieth Century, almost to the twenty-first.
Now, I’m getting a little sick and tired — I just got through looking at two disgraceful reports here on individuals who have been run through juvenile court, as I see everyday, and every assistant general and every public defender and defense lawyer, sees on a daily basis, as a thing where it acts like juvenile court does not need to have the title “juvenile” in it because it doesn’t deal with juveniles.
Most of the business down there is child support, which is supposed to be something that circuit court could handle around here most of the time, that the attorney generals could handle around here most of the time.
They want to choose their business dealing with this political situation in collecting massive sums of money, which is good; the Court does not disapprove of the efforts of seeing the people support their children, but we do have some juveniles in this county that are in desperate need of some attention.
Maybe we wouldn’t have this mess here if juvenile court would act like a juvenile court and deal with some juvenile matters.

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Related

In Re Bell
344 S.W.3d 304 (Tennessee Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
879 S.W.2d 801, 1994 Tenn. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brown-tenn-1994.