MEMPHIS, Tenn. — In the latest move to oust Shelby County District Attorney Steve Mulroy, Senator Brent Taylor set up a hotline for Memphians to call in about their experience dealing with the D.A.
Taylor posted on X Monday saying many people reached out to him after he announced he would file a resolution to oust Mulroy from office.
"If the information is relevant, it will be shared with the legal counsel for the Senate Judiciary Committee for inclusion in the ouster resolution," Taylor said.
Mulroy sent ABC24 the following statement:
“Public safety continues to be my first priority. We inherited the highest murder rate in history, and our staff are working hard to change that.
We handle a thousand cases a day.
We prosecute tens of thousands of cases a year.
We prosecute thousands of violent cases a year.
And we are prosecuting these cases at the same rate as my Republican predecessor.
The voters of Shelby County, not politicians in Nashville, should get to decide who their DA is. Democracies only work with criticism. I’m always open to hearing concerns. No one office or party has a monopoly on the best ideas.
Meanwhile, we'll continue to do the work every day to hold criminals accountable and keep people safe.”
Sen. Taylor plans to file to remove DA Mulroy from office
Despite Mulroy announcing Monday, June 17, that he is no longer pursuing a new program to tackle racial disparities after receiving backlash about his policies toward convicted felons caught possessing a firearm, Taylor isn't letting up in his push to remove Mulroy.
In a letter to Lt. Governor Randy McNally, Taylor said he plans to file a Senate Joint Resolution immediately following the November election, requiring the removal of Mulroy.
"Public welfare demanding it, causes for such removal will be set forth in the Senate Joint Resolution, but shall include 'dereliction of duty' for failing to properly prosecute convicted felons in possession of a firearm," Taylor said in the letter.
On June 21, Taylor addressed the push for removal on social media saying Mulroy is letting “political inconveniences” to edict his actions.
"Since I’m pursuing his ouster for failing to enforce state law as set by the legislature, I could see why he is not interested in pursuing the ouster of another elected official," Taylor wrote, referring to recent moves to ouster Shelby County Clerk Wanda Halbert from office.
Earlier, Hamilton County District Attorney General Coty Wamp filed a petition on behalf of the State of Tennessee to remove Halbert from office as Shelby County Clerk. But a judge dismissed the case saying the ouster proceedings needed to come from Mulroy's office, which he hasn't done.
"Should District Attorney Mulroy not proceed with the ouster petition against County Clerk Wanda Halbert due to his own “political inconvenience,” I will add his lack of action to an already growing list of charges to his own ouster," Taylor said on the social media platform X. "This is yet another reason D.A. Mulroy must be removed from office."
Originally, Taylor's announcement to oust Mulroy came after Tennessee's Speaker of the House Cameron Sexton (R-Crossville) said last week he was considering moving for the removal of Mulroy, accusing the DA of "kowtowing to criminals."
Controversy over diversion program
Earlier in June, Mulroy announced he was working with a new diversionary program to tackle racial disparities that would put more emphasis on rehabilitative interventions for those without a violent record, including those charged with possession of a weapon when the felony itself is not inherently violent.
“It’s going to keep people out of prison who don’t really represent a threat to public safety and don’t belong in prison, make them less likely to reoffend because we’re getting them the rehabilitative interventions they need,” Mulroy said, as he was introducing the new program.
However, Sexton responded to the program by calling Mulroy "soft on criminals."
"Mulroy’s decision to offer diversion to felons in possession of firearms is a serious misjudgment," Sexton said in a statement sent to ABC24. "His actions will make Memphis even more unsafe and is another step in kowtowing to criminals."
Mulroy responded to Sexton and said his office continues to prosecute gun crimes, prosecuting felons for illegally possessing guns and favoring stiffer penalties for owning a Glock switch, but the new program would offer alternatives for those without a significant criminal history or indication of violence where reformation is viable.
"We’ll be open, on a case-by-case basis, to still prosecute them, but choose alternatives to prison if they meet certain stringent requirements designed to rehabilitate them and keep them from reoffending," Mulroy had said.
Mulroy drops plan for diversion program
After Taylor's announcement Monday, Mulroy shifted gears, saying he was dropping the idea of the program. He said it was not a formal program or policy in the following statement:
"Asked about racial disparities at a forum last week, I said we were considering an as-yet-unformed alternative approach for nonviolent felons charged with possession of a weapon. It wasn’t a formal program or policy, but just allowing prosecutors case-by-case discretion for nonviolent defendants who’d never used a gun and who seemed reformable. However, after looking at the number of cases that qualify, I realize it would only be a handful of cases—not enough to help with racial disparities. In light of that, and the concern I’ve heard from some (though by no means all) members of the public, I’ve decided not to pursue this idea. We’ll continue to work on ways to address racial disparities and continue to focus on violent crime."
Taylor's response after diversion program dropped
After Mulroy's announcement, Taylor held a news conference at the Memphis Police Association office. He told reporters he would continue to push for Mulroy's ouster.
"This ouster resolution was never about the diversion program... It was about the D.A.'s attempt to redefine what crime and punishment is in the state," said Taylor. "He attempted to enforce and prosecute the law as he wished it were written, not as it was actually written."
Taylor said he spoke with other lawmakers and state leadership who are supportive of the ouster resolution.
Taylor said there are two ways to out an elected official, he says the representative can be impeached, which would involve a trial and would require two thirds of the senate to impeach.
The second way is to file an ouster resolution.
“2/3 vote in both houses would remove the district attorney,” he said.
Senator Taylor said it will take 22 votes in the Senate and 66 votes in the House of Representatives to remove Mulroy.
The senator plans to file the ouster resolution in November.
Reaction following Taylor's push to oust Mulroy
Mulroy's office issued the following statement later Monday, saying: “This is politics, pure and simple. We were No. 1 in the country for violent crime for years before I took office. To further public safety, we’ve refocused on violent crime with our V11 initiative, our Aggravated Assault Policy, and other things. We prosecute over 3,000 prosecute violent cases every year, including over 1000 'felon in possession' cases, and there’s been no lessening since I took office. Today we handled over 1000 cases, started a murder trial, got a plea to 28 years, and got Eliza Fletcher’s killer sentenced to a lifetime in prison.
Rather than disrespecting Shelby County voters by trying to overturn a local election, Sen. Taylor should focus on getting state funding for a local crime lab, raising penalties on 'Glock switches,' and letting Shelby County pass sensible gun regulations to stop the flood of guns threatening our safety. I’ll meet with any legislator to hear their concerns; meanwhile, we’ll continue to do the actual work. Public safety is and always will be my top priority."
Fred Agee, the Republican D.A. from Crockett, Gibson, and Haywood Counties, issued the following statement in support of Mulroy: "As the only elected TN District Attorney to currently serve in the US military, it's concerning that legislators would so casually talk about overturning the will of Shelby County voters who elected DA Mulroy less than 2 years ago. The right of free people to elect its leaders is what this Country was founded on.
DAs have discretion to prosecute or not prosecute, and exercise it all the time. DAs are separate and independent from legislators, so our decisions are not political, and have to use limited resources to protect the community. General Mulroy has used his discretion to focus on violent crime. I’m confident General Mulroy and his top-notch assistants are doing what needs to be done to remove violent offenders from Shelby County."
Tennessee State Senators Raumesh Akbari and Sen. London Lamar issued a joint statement saying: "This unconstitutional attack on Shelby County’s district attorney sets a dangerous precedent. It looks like every local official is now on notice not to cross powerful, state politicians — or else.
"Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do. Crime did not start with the new Shelby County district attorney and it is beneath the legislature to threaten local officials over a policy debate.
"It’s going to take all of us working together to prevent crime and make our neighborhoods safe, but we can assure you this: attacking local voters and the leaders they elect is not the way forward."
Tennessee Attorney General Brandon Smith released the following statement:
“Ordinarily, the responsibility of the ouster of county officials falls upon local District Attorneys or County Attorneys. The political inconvenience to a District Attorney is insufficient cause to warrant the involvement of this office.”