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Senator Taylor Shifts from Unseating to Investigating District Attorney Mulroy

State Senator Brent Taylor (R) Memphis district 31 Shelby County, during the 113th general Assembly Photograph by John Partipilo/Tennessee Lookout

Brent Taylor, a Republican Senator and funeral home proprietor in Shelby County, shared seven months ago his intention to unseat Steve Mulroy, the county’s Democratic District Attorney. Following perceived transgressions in professional responsibilities, Taylor vowed to introduce a Senate resolution to call for Mulroy’s removal subsequent to the November elections. This proposed action, however, didn’t materialize. Interestingly, Taylor’s initial resolution fervor appears to have cooled since last summer, but he remains resolute in his motivation.

Even though Taylor has seemingly shifted gears from outright expulsion to investigation, his conviction remains steady. He alleges that his previous threats succeeded in putting Mulroy back on the right path. Now, he’s set on championing legislation that would lay the groundwork for a Senate investigation into Steve Mulroy’s activities. The aim would be to determine whether there’s legitimate cause for removal from office.

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Taylor is actively rallying support from his colleagues for the endeavor. In his own words, ‘It’s difficult to disregard what I’ve witnessed, and it is incumbent upon the General Assembly to pay heed. We should allow the committee to deliver a comprehensive recommendation on whether we should proceed with his removal – or not.’ Taylor has pitched the inquiry as a potential avenue for Mulroy to shake off the allegations associated with his charges.

Regarding the logistics of the proposed probe, the Senate could either delegate the assignment to the Judiciary Committee or request that the lieutenant governor designate a separate committee for the task, conditional upon the resolution’s successful passage. The procedure would echo that which was used in the removal of various judges and district attorneys general in 2008 and 2014. In those cases, however, the individuals stepped down ahead of formal removal.

In response to the mounting pressure, Mulroy has been engaging with lawmakers at the Cordell Hull Building. His visits coincided with the commencement of work for the 114th General Assembly. He’s keen to remind legislators of the precedents in place: ‘No District Attorney has ever been removed by the legislature in the entirety of Tennessee’s history, and no one has ever been ousted without a recorded criminal violation. An accurate understanding of the situation might suggest there isn’t much substance to this,’ Mulroy stated.

Mulroy, who overcame Republican candidate Amy Weirich in the last election, previously proposed a controversial plan. His proposition involved a ‘diversion’ scheme for non-violent felons discovered in possession of firearms. The handling of these cases would be assessed individually, and this would only apply to those without previous violent or criminal records.

His proposal stirred up considerable controversy but was framed as a strategy to enable prosecutors to center their efforts on offenders who commit crimes using firearms. Despite the conception of the scheme, the ensuing uproar led Mulroy to desist from implementing it altogether.

According to state law, judges and district attorneys can be ousted via a two-thirds majority vote from both the House and Senate. However, this provision doesn’t appear to dissuade critics of the proposed legislative investigation into Mulroy’s actions.

Senate Democratic Caucus Chair London Lamar of Memphis has categorically described the call for an inquiry into Mulroy as ‘partisan overreach.’ In his view, it threatens the autonomy of the judiciary system and potentially establishes an unfavorable precedent for future judicial matters.

He asserted, ‘An individual’s reputation can be tarnished solely by displeasing a politician in Nashville.’ Lamar’s concern is rooted in the potential biases and thoroughness of the inquiry should it be given the green light.

In summation, while Taylor’s initial fervor for pushing a resolution to remove Mulroy has cooled somewhat, his focus shifted towards sponsoring legislation for a Senate investigation. This move still significantly threatens Mulroy’s position.

Taylor’s call for the proposed probe is still a topic of heated discussion among lawmakers and the public alike. It has sparked a broader debate on the principles of judicial independence, the potential for partisan overreach, and the vast influence of politicians on long-standing judicial processes.

Considering Mulroy’s risk at hand, he has embarked on strategies aimed at connecting with lawmakers and proactively discussing the issues. However, as the potential for an investigation looms, uncertainty remains paramount within the county’s political landscape.

The reprieve from the implementation of his controversial ‘diversion’ scheme has not quelled concerns. Mulroy’s resolution, it appears, has simply reshaped them into the form of a proposed judicial investigation.

The showdown between Taylor and Mulroy underscores a political divide that goes beyond personal frictions toward an examination of traditional legal procedures. The upcoming events will significantly shape the future of Shelby County’s legal and political landscape, regardless of the final disposition.

As this situation continues to unfold, a significant question remains: what implications could the outcome of this legislative face-off have on the future of the County’s judicial independence and the balance of political power? It is a question that only time can truly answer.