The Commercial Appeal

Memphis Juvenile Court better, but work remains

Federal monitor applauds progress, cites deficienci­es

- By Beth Warren

A federal monitor hired to oversee reforms at Shelby County Juvenile Court said she’s observed improvemen­t but is still concerned about deficienci­es in a “momentous” area — the transfer of minors to adult court.

Sandra Simkins, hired as a national expert on due process rights, pointed to challenges faced by defense attorneys — including untimely access to their clients’ files and only one investigat­or shared by 52 attorneys, according to a copy of her report released Thursday.

Simkins, professor at Rutgers University School of Law, is charged with overseeing federally mandated reforms in the wake of a scathing report on the Shelby County court by the U. S. Department of Justice, which found systemic violations of minor’s rights.

Court officials reached an agreement with DOJ attorneys in December that calls for 34 specific improvemen­ts related to due process rights.

So far, the court has begun compliance in 25 areas but hasn’t yet satisfied any of the provisions, according to the report. Simkins pointed out that it’s early in the process and that the court has made “significan­t strides toward the protection of children’s due process rights.”

Simkins cited concerns that lawyers — private attorneys appointed to individual cases of minors through the court — also don’t have court-provided secretarie­s, paralegals or other staff. And justice officials cited a lack of independen­ce for defense lawyers, with Juvenile Court officials deciding which private attorneys are appointed to represent indigent juveniles.

Simkins interviewe­d defense attorneys and court staff and sat in on court cases, including transfer hearings for murder cases, during her visit in April.

She concluded: “The site visit revealed that transfer hearings (in Memphis) typically occur within 14 days from the time of arrest. I do not believe it is feasible, even for a skilled and resourced attorney, to do a constituti­onally sound transfer hearing in 14 days.”

“The rushed time frame, added to the woefully low allocation of resources, challenges the integrity of the entire system.”

Larry Scroggs, the court’s chief administra­tive officer, agreed with most of Simkins’ assessment, calling it “fair at this point.”

“She’s been very forthright and positive in her approach,” he said. “It gives us a very good road map for the areas we need to work on.”

However, Scroggs disagreed that transfer hearings are often held within 14 days. He said that changed about two years ago.

“It typically takes 30 days on a serious case,” he said. “Sometimes it takes 60 days.

“I think it’s pretty rare now that it would take place in 14 days.”

However, veteran defense attorney Elbert Edwards, due in court Friday to represent a teen murder suspect during a transfer hearing, shared the moni- tors’ concerns.

“The driving force in Juvenile Court has always been to get them out of the building in one way or another,” whether that means by transferri­ng them, sending them home or finding them guilty of crimes and putting them in state custody, he said.

“Their prior policy was within 10 business days of when you come in, you’re supposed to go out. They’ve loosened up on that recently.”

Edwards said he has seen improvemen­ts, such as a judge agreeing with his request to privacy in a child rape case this week. But, he said, “they had a long way to go.”

Simkins is expected to return to Memphis in October or November for another site visit.

Scroggs said he hopes the court will be in “substantia­l compliance” with due-process-rights changes by the end of next year.

Two other monitors, who have not yet completed their assessment­s, are evaluating required improvemen­ts related to racial disparity in treatment of youths, as well as mental health treatment and suicide prevention at the juvenile jail.

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