With the recent legislation of Criminal Justice Reform, it is important that BLMM leaders participate in the State legislative process. BLM participation will insure reform that reduces the recidivism rate. Legislators should pay closer attention to those who are sentencing individuals because their daily discretion determines the real effects of crafting justice. BLMM intends to transform the Tennessee Criminal Justice System.
As of May 2016 over 20,000 new felons have been incarcerated and entered into the Tennessee Department of Corrections {TDOC}. Many of these individuals are first-time offenders. The vast majority are those who have reoffended and are incarcerated because of violation of parole or probation. Women are incarcerated at an overwhelmingly higher rate than men. Accordingly, TDOC closed the Mark Luttrell Correctional Center to expand its women’s facility to a private facility in Lauderdale County.
Prisons have become a bigger business than the 1980’s drug trade. If we compare drug dealing with the criminal injustice system, we would have to look at the drug suppliers. In sentencing, the suppliers of prisons would be the judges who mandate the short-term or long-term sentencing of those individuals. Each of these judges swore to uphold the law and preside impartially, but just like the “dope game,” where there is a need for dope, drug dealers will go to extremes to insure their supply is available. It is all about the dollar bill. If there is a “drought,” a person can mix other ingredients with the dope and no one will know other than the user/addict. As long as the “plug” delivers the “dope,” that is all that counts. The goal is to increase revenues and have no losses. There are no rules in the dope game. With no checks and balances, many people can be adversely affected. All is the same with prisons and profits. With absolute power, corruption is absolute.
One might ask what do profits in prison have to do with BLM? The answer is simple: “We demand an end to the war against Black people. We demand an end to the criminalization, incarceration, and killing of our people.{M4BL}” Since this country’s injustice system’s incepted, blacks have been sentenced more harshly than others and systematically denied due process and their right to zealous representation.
A more prudent question is Why does TDOC have a PROJECTED INCARCERATED POPULATION VS. ACTUAL graph on its website? The answer is: TDOC is not a department. It is a business that is lining corporations pockets while judges and their families reap much of the benefits. Judges and their donors who contribute to their campaigns own stock in private prisons. Accordingly, they have a direct stake in prisons and maintaining occupancies.
End-Money-Bail-Policy-Brief
Aramark for example, a corporation which provides the food and commissary for many institutions can be directly connected to many elected public officials and their families. Black folks trapped in the criminal injustice system are commodities of the continual problems of White Supremacy. BLM intends to dismantle it from the inside out by all means necessary.
Another pertinent question is who are the suppliers of the TDOC? The answer is simple. The judges are the suppliers of TDOC. They are supposed to be impartial, uphold the law, but how can they when some are racists and others have to make sure the jails and prisons stay full to meet the projected earnings of TDOC.
BLMM took an in-depth look at the structure and the hierarchy of the criminal injustice system’s integrity. Our findings of fact and statistics are alarming. We discovered there is a board that is supposed to maintain the integrity of judges, to insure public protection, but that board is made up of individuals who don’t all have the public’s interest at heart. The Board of Judicial Conduct {BOJ} was created by the legislature to investigate and when warranted, act on complaints against judges. Members are appointed by multiple appointing authorities, including the Governor, Lt. Governor, Speaker of the House and various judicial conferences. Judge Chris Craft, of Shelby County Criminal Court, is the chairperson.
Unanswered complaints against judges and repeated, identical, standardize letters signed by Judge Chris Craft sent to multiple complainants led BLMM to inquire about the structure of the oversight process of this board. On August 24, 2016, BLMM traveled to Nashville to observe the Board of Judiciary which only meets twice a year. This process encompasses how judicial complaints are investigated. Our determination revealed that there are makeshift panels of members who are to investigate each claim based on the submission of a notarized form mailed to the BOJ. We received information that inmates in Shelby County over the years since the creation of the BOJ were provided complaint forms with the address at the top. Theses forms distributed in Shelby County Jails bear a Memphis P.O. Box, despite the BOJ location in Nashville, and their P.O Box being registered in Nashville.
When activists inquired with three separate BOJ members as to their knowledge of the P.O. Box in Memphis, they stated they were all unaware of this P.O. Box. Mr. Tim Discenza, the appointed disciplinary counsel, who receives all of the complaints confirmed his knowledge of the Memphis P. O. Box. He also stated that he used to live in Memphis. It is not clear if the BOJ approved the multiple P.O. Boxes, but what is clear when Tri-State Defender inquired about the Memphis P. O. Box, they were informed that there is only one address in Nashville.
Mr. Discenza’s knowledge of the Memphis P. O. Box and Judge Chris Craft’s denial of any knowledge of the Memphis P.O. box places the integrity of this current board in question. Most legitimate boards are aware of their mailing address. The real question is who has the key to the Memphis P. O. Box? Over the years how many complaints were received at the Memphis P. O. Box that other board members and investigative panels were not aware of and why would a board based out of Nashville have a need for a P. O. Box in Memphis? A plausible answer is the majority of BOJ complaints may have been coming from Shelby County, but we will never know because the BOJ has a strict confidentiality policy which prohibits any information within a BOJ complaint from being released unless a judge is formally charged.
When Mr. Discenza was confronted with these issues, he made it clear that he did not answer to common citizens even though the BOJ is supposed to protect the public. He stated, “He only answers to the board, and the public could not speak at their meetings.” The same board he claims to answer to meets twice a year in the comfortable confines of Nashville’s City Center, at 511 Union Street, Nashville, TN. One might think they were in a fancy hotel with the plush office spaces of the Administrative Office of the Court which makes the State’s Capital look like slave quarters. Inside the executive boardroom, there was a long table with nameplates that were not placed directly in front of each other but the leather was so soft on the chairs you might think they were used in Birdman’s Lil Wayne’s video. The meetings are open to the public and media, but you cannot be placed on the agenda unless the Chairman Craft approves your issue. BLMM opted not to speak but to listen and plans to address all concerns at the next meeting in February.
The BOJ is made up of all men, three women, one black female judge. Judge Angelita Blackshear Dalton, selected as Vice Chairman was the only black person present. Judge Dalton seated next to Chairman Craft did not offer any comments while BLM was present but she did cringe when the Chairman jovially referred to the “Good Ole Boys” in his dialogue to the board. One could wonder how does a black woman in a room filled with testosterone stand a chance in promoting real justice when the level of respect apparently doesn’t exist even in her presence.
Judge Dee Gay admitted he does not know what is going on in Middle Tennessee, and that was comfortable with everything being handled by Chairman Craft. He said, “Everything should be handled by you, I think we are doing a good job.” Attorney Thomas Lawless appeared to think the board could do better. He repeatedly informed Chairman Craft and the board’s responsibility of impartiality, stating, “We owe a duty to the public, fellow members, and to the system as a whole” to do better. His passion and honesty for a fair process only resonated with BLMM. One might ask why was he not in charge and how did this board elect Craft to be Chairman another year. A powerful, trustworthy position for Craft, Lawless is clearly outnumbered by those who are concerned with the position of being incredibly powerful rather than operating in the best public’s interest.
Tim Discenza Disciplinary Counsel had a precise answer for everything. One might have assumed Discenza was representing Craft because they were always on the same page when an inquiry was made. What do they have in common? They are both from Memphis and both former prosecutors.
One criminal defense attorney in Memphis referred to a Judge Craft as and “untouchable”. Sitting in this room of all men one might think that the board has a mafioso-type demeanor. It is clear is that this Board of Judiciary is made up of judges and lawyers who are supposed to be concerned with upholding the law, but as we were leaving Judge Craft inquired as to where were the forms so the members could get their mileage slips. Most judges in Tennessee make over $125,000.00, and Shelby County judges make $147,000.00 it only cost $25.00 in gas for BLMM to get to the meeting. It really would be in the best interest for citizens to be placed on this board for oversight purposes because judges are attorneys. Most lawyers fear judges right or wrong because they are the judges. It would level the board’s ability to be fair and transparent if the board included private citizens since the purpose is to protect the public.
Tim Discenza helped conclude the meeting by discussing how to streamline complaints. He also mentioned the fact Tennessee statute gives the board the authority to report crimes to the District Attorney or ask for Tennessee Bureau Investigation assistance. If the council decides to report a criminal violation to the TBI or DA then, the board should not interfere with other investigations because of their administrative process. Doublespeak… in one breath he appears concerned about improprieties and then another breath he talks about reaching out to judges who may need treatment or a stern talking to as if the thousands of people’s lives they are in control of are inconsequential. BLMM did find a silver lining in their journey for justice to the state’s capitol. January is five months away, and a new legislation session will be here. Legislators on the judicial committee are paying close attention to the issues with the board’s complaint process. Changes in our state in due time will occur and those judges who have violated the law will be held accountable. BLMM will continue to craft justice and push for much-needed reform. Justice should be blind but not crafty, cripple, and crazy. #blacklivesmatter #BLMM
#BlackLivesMatter Memphis Chapter 
The Board of Judiciary is a joke because it’s very existence is a conflict of interest. A rotating citizen’s judiciary council is appropriate. Let this council act as a jury for judges and lawyers just like the judicial system is set up for citizens. Why should judges and lawyers be treated differently? Graduating from law school and being elected and/or employed by local government funded with tax payer dollars should not give the privilege of personal oversight. If Judges and lawyers do not see the conflict of interest governing themselves and how their current system creates the potential for interpersonal political corruption and moral hazard then they should not be practicing law. Set up the citizen’s judiciary jury now and start accepting complaints. You don’t need permission or to be recognized. The court of public opinion is powerful.
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