MEMPHIS, Tenn. — A retired judge says the number of trials taking place in Shelby County criminal courts has dropped dramatically, leading to a backlog of cases that have dragged on for years.
Former criminal court judge J. Robert Carter says in a new report prepared at the request of Mayor Jim Strickland that local criminal courts used to conduct more than 200 jury trials a year.
But in the 14 months from September 2022 to Nov. 27 of this year, that number dropped to less than 40 — at the same time, crime is on the rise and the city has set another new homicide record already this year.
There are now more than 300 murder cases pending in the county’s 10 criminal courts, Carter says. One of those cases, the trial of the man accused of killing Greater Memphis Chamber CEO Phil Trenary, dates to 2018.
“Many weeks pass with no trial being conducted at all,” Carter writes. “Without the assurance of a speedy trial, a person accused of a crime has no incentive to do anything but delay their matter for as long as possible.”
Part of this is due to the COVID pandemic, when he says “extreme methods of bail reduction and case settlement kept the system from being totally overwhelmed.”
A national report cited by Carter states 98% of felony cases should be resolved within a year, and within six months for misdemeanors. A solution to the problem will require an effort by judges, the district attorney’s office, and the public, Carter said.