Tuesday, March 25, 2014

The Judge's Rant vs The Judge's Questions

Okay, is it just me or is everybody purposefully focused on the "messenger" rather than the message? The former Judge Joe Brown questioned the legitimacy of the Magistrate's authority to place him in jail and said his authority was limited to a $10 fine.  

Will anyone in the news media find out if that is true?  Also, would that apply to decisions and rulings  in regards to confining youth and placing parents in jail?  I just want to know. Are our Juvenile Magistrates in Shelby selected by another standard  that is different from other Counties in Tennessee?   If so, why?  Are these Juvenile Court Magistrates certified to render these decisions? If not, why not? 

I can't deal with the drama. I am concerned about our Juvenile Court System's legitimacy.  His questions made the Shelby Juvenile Justice system legitimacy suspect because non-elected judges are making decisions about our youth.  Those decisions could lead to adult prosecution, sending youth to adult court, jail, and prison.  Is our process of administrating justice in this Court legitimate or questionable?  

Some suggest that we have a paternalistic system that was more suited for children with minor offenses and simple custodial matters. This design accommodated the late Judge Kenneth Turner, because he lacked a law degree.  Have the demands of Shelby County for juvenile justice services outgrown that design?  I just want an answer.

Given the fact that a U.S. Department of Justice almost wrote a book about the failings of our Juvenile Court and made recommendations for immediate compliance, did Brown make a point about the role of the Magistrate based upon the laws in the State of Tennessee?  Was a unique law devised to cover Shelby but it is not the same around the state?

Another concern for me was the DA's reaction to the courtroom activity. The Christian Post's reporter, Sami K. Martin wrote, "His opponent in the race, Amy Weirich, also released a statement saying that Brown "should be ashamed of himself." Perhaps she was speaking as a candidate, and not the DA of Shelby. I would love to see the released statement. 

Is it just me who was troubled by the reaction of the DA who admonished former Judge Joe Brown as if he were her child?  I would have thought that she would  professionally excused herself from comments and referred this matter to an outside County DA.  Then, I expect the outside prosecutor would  limit his comments, review both sides of this issue with all parties, find resolution, and  inform the public.  Is everybody overreacting to the smoking mirrors and disregarding the questions that were raised? 

Please don't allow the media to draw us into the rant.  We need to focus on the question of the legitimacy of our Juvenile Court System. We also need to decide as a community decide if its structure is sufficient for the needs of our county today?

Now, I am not excusing the lack of Courtroom decorum. Truth is,  John Doe and I better not try that or we would be in jail those five (5) days and no one would care if the questions were legitimate or not. I am retired and  once or twice, okay several times, (LOL) I've watched the Judge Joe Brown Show. He would not have tolerated that in his courtroom.

But, I appreciate the questions because ultimately this Court serves our children and families and its legitimacy should not be questionable. Let us not forget, sometimes, civil disobedience can be the action that causes a community to examine the questions that are being asked. Just maybe this was not about politics.  Maybe, this was a call to a community that we have a problem.

Yes, I am the Nerd in the room asking questions and taking note.






Thursday, March 20, 2014

Contractor Hired to Collect Traffic Fines

Today, I opened my GaleNews and I laughed so hard I cried.  There was an article about Jeni DiPrizio's March 18th story titled, Parking Ticket Contract Putting Money in Lawyer's Pocket.  

Why did I laugh?  Well, some in the media always focus on who is making government money.  It is public information and people have a right to know. But, usually those they question are African Americans.   There are probably only 10-15% of the contracts going to African Americans, but they get the most public criticism.  Just watch the news...there will be a great deal of discussion about how much money Ricky Wilkins made as he runs for Congress, but not about others who have received contracts: Attorney Robert Myers, John Elkington, Baker Donelson, Glanker Brown, Tom Marshall, Jeff Sanford, Benny Lenderman, John Conroy, Diane Brown.  I could go on and on. But, I digress.

 Jeni DiPrizio is a good reporter, and she is not racist. She is following a lead that someone gave her.  But, to those of us who observe politics and journalism we can see the subtle and subliminal messages that are sent to the public. They are usually not intended to harm, but want to boost ratings.  But, the person who gave the lead may have other motives.

I believe Jeni is reporting on what she perceives as a waste in government money because collection of traffic fees and fines is the job of the City Court Clerk according to the Charter of the City of Memphis. But, some will see her story and think, "These uppity blacks are making too much money."

Why did I laugh?  We elected a City Court Clerk who is by Memphis City Charter obligated to collect traffic fines and fees. While I was on the Council, the Clerk's projections for revenue from fines and fees were seldom met which always left the budget in a shortfall. He told us he needed more staff and the Council added more people. But, still he was always short of his revenue projections. 

Last year, another one of my favorite reporters, Big Mike Matthews reported Parking Ticket Revenue Falls Short of Budget Rescue.  Below are quotes from that story. 

"But according to the city's Chief Administrative Officer, George Little, "Where we really have not met our expectations have been from the collections from the outstanding moving violations and parking tickets. That's been slow to get off the ground."
City figures show they got about $5 million less than projected. City Court Clerk Tom Long denies there are any troubles, and says the program is moving fine after a few delays at the beginning.

The real question is why did the City feel compelled to hire someone to do the job we elected the City Court Clerk to perform?  The answer:  They need to collect the revenue and they are tired of losing money that is intended to offset Court expenses and other city operations.

Why did I laugh?  


When hired or elected to do a job, we are expected to perform, resign, or be fired. Only in Memphis do you run for a higher position as Clerk with more responsibility or contract someone else to do your job.  And I am not faulting the administration for doing what they must to collect revenue from these fines and fees.  If they don't, traffic violators will think there is no penalty for unsafe driving habits and endanger us all.

Saturday, March 15, 2014

Stop the Hate!

Okay, is it just me or do you find something wrong with closing down a legitimate business because a thug who happens to buy a tshirt from you breaks the law and shoots someone in the mall? Or a nightclub that is trying to run a legitimate business is threaten because fools shoot outside the club?

These struggling, usually black, businesses are trying to survive and support their families. They did not violate the law and they had no part in the actions of these lawbreakers. Stop trying to throw all of us in the same cotton pickin' basket.

You don't threaten to close Walmart for selling the guns. You don't close down a Kroger because a shooting happened on the parking lot.

Unless, these businesses had something to do with the criminal act, this seems unfair. These businesses hire people without PILOTS and their families depend on this income.

I know crime is a problem with out "young, gifted but acting dumb, generation". I know it's not all our "young". But the "some" makes it so hard for us all, young & old. Let's deal with that and stop the Hip Hop hate and over reaction.

My name is TaJuan Stout Mitchell, The Notetaker, and I approve this message.

(I found this picture on Pinterest. I don't know who to give credit to, but I am not pretending that I did it.)