MEMPHIS, Tenn. — While meant to maintain fairness, public safety and accountability, the new Shelby County bond process has some concerned.
“Those may be characteristics, but some of those things may not even be relevant,” said Alexander Wharton, Just City Board Chairman.
On Oct. 10, the Shelby County District Attorney’s Office announced a new collaboration with the Memphis Police Department and judicial commissioners to introduce a new form for bond setting.
"This isn’t about fixing blame. It’s about getting decision-makers the best information available, to ensure public safety while maintaining fairness and accountability within the judicial system," said DA Mulroy.
An updated form will now include a dedicated section titled “Law Enforcement Notes,” replacing the previous bond recommendation section. This new feature is designed to guide judicial commissioners in making more informed decisions, according to Shelby County DA's Office.
"Safety is our top priority. By providing more relevant info for judicial commissioners and judges to consider, bonds can better reflect the public safety risks posed by defendants," said Mulroy in a statement Oct. 12.
The feature will encourage commissioners to consider the following when setting bail:
1. Evidence of Flight – Indicators of whether the defendant may attempt to flee before trial.
2. Evidence of Evasion – Any known history or actions suggesting the defendant may try to evade law enforcement.
3. Evidence of Violence – Including physical acts of violence, as well as behavior exhibited on social media, which may indicate a propensity for violent behavior.
4. Evidence of Other Crimes – Information regarding any prior criminal history or related activities.
5. Other Relevant Information – Any additional factors that may be pertinent to public safety and the appropriateness of bond—e.g., gang affiliation.
Shelby County bond standards have been under fire for a long time from people like Tennessee state Senator Brent Taylor.
“Judge Bill Anderson gives out get out of jail free cards like daycare centers give out germs,” said Taylor in August.
While Wharton agrees more information is better for commissioners, the attorney argues this process would put more power behind law enforcement and their bond recommendations.
A new point of concern includes if a person's past criminal allegations come into the bond process conversation, even if they did not amount to any charges.
“You can’t have it so slanted to where you obliviate the consideration of the other factors that also have just as much weight,” said Wharton.
To put a little more balance in place, Wharton recommends implementing an additional step, and give people a chance to argue put forward by law enforcement.
“Do it where the defendant and his or her attorney have the opportunity to cross examine that officer who wishes to bring that information,” said Wharton, who added this should work both ways and allow prosecutors to cross examine what the defense brings forward.
When asked about his opinions on the recently announced process, Sen. Taylor said provided the following statement:
"My understanding from Chief Judicial Commissioner John Marshall is they already had this information, but I am all for getting judges and judicial commissioners as much information as needed to determine whether releasing a criminal will negatively impact public safety. Through my efforts to Make Memphis Matter, the legislature passed my law requiring safety of the community be the first consideration when setting bail. This law is already having a positive impact, and it appears my efforts to hold our DA accountable have certainly changed his narrative from being friendly with criminals to sounding tougher on crime."