Memphis Juvenile Court better, but work remains
Federal monitor applauds progress, cites deficiencies
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.