The Commercial Appeal

Juvenile Court report going public

- Katherine Burgess Memphis Commercial Appeal USA TODAY NETWORK - TENNESSEE

Shelby County expects to receive a final report from a Department of Justice monitor tasked with tracking racial bias in juvenile court after the county attorney sought authorizat­ion for that report — and one other — to be released.

“We continue to take proactive measures to make sure that fewer kids are arrested and detained and that, when kids do interact with the system, their constituti­onal rights are absolutely protected,” said County Attorney Marlinee Iverson in a news release. “We think these reports will help. Furthermor­e, given the high level of public interest in these issues, these reports will absolutely be immediatel­y released to the public.”

Independen­t monitors were tasked with reporting on three distinct areas of juvenile court as part of a 2012 agreement with the Department of Justice. The areas included equal protection — which addresses issues of racial bias — along with due process; and facilities and protection from harm.

However, the future of their reports became uncertain when the DOJ ended its oversight of Shelby County in October, about a week after the monitors visited Shelby County. Where the reports are now Michael Leiber, a professor of criminolog­y at the University of South Florida who tracked racial bias, agreed to submit his report.

The county attorney’s office said in the release that they are “hopeful” to also receive a report from a monitor tasked with monitoring juvenile detention and protection from harm. However, that monitor has not confirmed whether she will submit a report.

An additional monitor, Sandra Simkins, submitted her final report on due process in December, prompting County Mayor Lee Harris to propose changes in how defense attorneys are chosen for some cases.

Iverson later told Leiber and Simkins that reporting directly to the Shelby County Commission, which had requested the reports, would violate the 2012 agreement between the DOJ, Juvenile Court and Shelby County without authorizat­ion by the parties involved.

Iverson’s office negotiated between the parties. All Shelby County parties agreed to release the reports to the public. The Department of Justice agreed to not object if the reports are released, according to the news release.

Fees for the reports will be paid out of the county attorney’s budget.

Commission Vice-chair Mark Billingsle­y, who originally requested the reports, said it’s hard to address the issues facing juvenile offenders without having the informatio­n.

“It’s critical that we’re able to see the data if we truly want to make a positive change,” Billingsle­y said. “I’m encouraged that we’re going to finally get the informatio­n we need.”

Katherine Burgess covers county government and the suburbs. She can be reached at katherine.burgess@commercial­appeal.com or followed on Twitter @kathsburge­ss.

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