October 26, 2021
By: Dwayne Page
The county’s three judicial commissioners have been reappointed for another year.
The county commission, on a 10-1 vote, took that action during Monday night’s regular monthly meeting. Seventh district commissioner Bruce Malone was the lone no vote.
Tammy Ashburn, Joy Whitman, and David Gash currently serve as the judicial commissioners for the county and their terms are for one year.
Duties of the Judicial commissioners include processing the following: 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.
The county commission has the sole authority in appointing judicial commissioners and terms may be from one to four years according to state law. For several years the county has had a judicial committee to vet and recommend applicants for appointment to the county commission.
Last fall seventh district county commissioner Bruce Malone asked county attorney Hilton Conger if there was any statutory authority for the county to have a judicial committee to recommend judicial commissioner appointments.
During last Thursday night’s committee of the whole meeting of the county commission, Conger said he had done the research and discovered that there is no statutory authority but that if the county commission chooses a judicial committee could still serve as an adhoc committee and continue to make recommendations on appointments to the county. If so the county commission would have to re-establish the committee since it was not included among the standing committees named when new policies and procedures of the commission were established months ago. If the judicial committee is re-established by the commission as an adhoc committee (for one purpose only) the county mayor would appoint members to serve on it according to the county’s policies and procedures. 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 before making appointments.
Commissioner Malone said Monday night that while he favored reappointing Ashburn, Gash, and Whitman in the interim, he wanted to county to go through the process of interviewing and vetting applicants for the judicial commissioner positions to guard against a possible legal challenge in the future from some criminal defense attorney who might claim that the county did not follow proper procedures in making the appointments.
“I would like to see us maybe let these people who are on there serve temporarily until you (county mayor) or us (county commission) appoint a committee and let this committee interview people and properly vet them and then let the commission as a whole certify them. I don’t want us to take the easy way out. I think it needs to be done properly,” said Commissioner Malone.
In response, County Mayor Stribling said the county has always followed a procedure in vetting candidates.
“Every time we have needed a judicial commissioner there has been an advertisement put in the paper and we have taken applications (for judicial commissioners). We took applications for the ones that are now serving. I don’t think this process was not done properly. These people were advertised for. They did submit applications and they were interviewed and presented to the county commission (when they were previously appointed),” said County Mayor Stribling.