Panel Asks Limit On Judge Terms, Calls For DUI Court Be Set Up
posted December 22, 2006
The Concurrent Grand Jury is recommending that judges in Criminal Court not postpone cases more than two times - except for "extraordinary circumstances."
The panel, headed by Robert Smith, also recommended that judges in Criminal Court be limited to two terms. There is currently no limit on how long they can serve.
The Concurrent Grand Jury also asked that a special DUI Court be set up to handle that large volume of cases.
Here is the full report:
The Honorable Donald Poole
Judge, Criminal Court, Division 3
Hamilton County, Tennessee
Judge Poole:
The Concurrent Grand Jury for the September - December, 2006 term presents the following report.
The members of the Jury appreciated the opportunity to observe first-hand and be a part of the initial stages of the criminal justice system of Hamilton County. Also, the visits to the CCA facility (Silverdale), County Jail, Juvenile Justice Center and Community Corrections were very informative. These visitations, combined with the testimony of the witnesses who appeared before the Jury, gave us insights that few citizens of this County, who are not associated with the criminal justice system, ever get to experience.
The testimony of the law enforcement officers made all of us realize the importance and danger of their work. We commend all of those individuals who are members of this profession.
The legal information provided by the Assistant District Attorney, Bill West, was very helpful and appreciated, whether about a matter to be considered by the Jury or a general question about criminal law. We also very much appreciated Nina East for serving as the note taker for this term.
This report reflects the opinions of the members of the Concurrent Grand Jury. We are charged with reporting on Silverdale and the Community Corrections. Additionally, we have chosen to make some other general recommendations which we feel will be beneficial to the County and the Justice System. Although we are not charged with reporting on the County Jail and the Juvenile Justice Center, we appreciated the very informative tours provided by the officials of those facilities.
The Concurrent Grand Jury issues the following recommendations and commendations.
Silverdale (CCA)
The Jury commends the Silverdale Management for the cleanliness of the facility, the programs available for the inmates, and the two for one work option.
As with the County Jail, but not to the same extreme, overcrowding is an issue at Silverdale, but appears to be managed satisfactorily at this time. However, the appropriate County officials and Fiscal Body must initiate plans to solve this issue in the very near future. Funds need to be provided to add additional cells in the area already equipped with a floor, ceiling, and utilities.
Additional cells need to be provided for the females at this facility.
Also, planning needs to be initiated for a larger and up-to-date food preparation area. Currently, the one food preparation area is insufficient to expeditiously provide the meals needed for all the inmates, plus those additional ones which will be housed in the future as the inmate population of Hamilton County increases.
Community Corrections
The Jury commends the staff at Community Corrections for the range of programs available for individuals, which gives them the opportunity to serve all, or a portion, of their sentence, outside a correctional facility. These programs help reduce the inmate population at the County Jail and Silverdale, and hopefully will assist in the rehabilitation of the individuals involved.
The Jury recommends that due to the positive results of the current programs, research be undertaken for possible expansion.
General Recommendations
We also recommend that:
1. The drug testing laboratory be reinstated in Chattanooga. The closing of this laboratory has resulted in cases being held for three to six months for the results to be returned from other laboratories in Knoxville or Nashville.
2. A DUI Court be established to handle the large number of these type of cases, which appear to be seriously burdening the Court system.
3. When an individual applies for a Tennessee Driver’s License or an identification card or license plate, that his/her name be checked against a national database to determine if he or she has a criminal offense which would require registration as a sexual offender in Tennessee. A driver’s license or identification card or license plate would not be issued until an individual whose name appears on the nationwide list certifies that he/she has registered with the appropriate Sheriff’s Department in Tennessee.
4. All Criminal Court Judges not “pass” a case more than two times, except for extraordinary reasons and that the term for Judges be limited to two terms.
5. Thirteen spaces be reserved in the parking garage for grand jurors each Monday and Tuesday. Previous grand juries have recommended this “perk” for jurors, but this term the parking situation has become almost intolerable on some days, e.g., some days the “full” sign is illuminated, when plenty of vacant spaces are available. Insuring spaces in the garage, which can be easily accessed is a small price to pay, for the citizens who are willing to give up two days a week, for four months, to serve as grand jurors for $13.00 per day.
6. Utilize supervisory officers to testify on multiple, uncomplicated cases using the on-scene officer’s affidavit or arrest report, thus not requiring the officer who wrote the original report to be present to testify.
Sincerely,
Members of the Concurrent Grand Jury
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