Donna Davenport's supporters, critics lob shots as juvenile court judge plans exit

Donna Davenport has at least one supporter of her judicial legacy — despite contributing to a culture of failed juvenile justice in Rutherford County.

Within hours of Davenport announcing on Tuesday she would not seek re-election as juvenile court judge, Murfreesboro attorney Brad Hornsby said some of the public accusations against her, dating back nearly six years, went too far. Davenport didn’t arrest children in 2016 for being involved in a fight near Hobgood Elementary — or rumored to participate, he said. She didn’t file charges either.

"Like all judges, we sometimes disagree with decisions that are made, but I always felt that she did what she thought was best for the children," said Hornsby, a friend of Davenport who's known her for more than three decades.

"I hate to say it, but the children sometimes got more discipline from her than they got at their home."

Then there’s Kyle Mothershead, one of the attorneys who represented hundreds of people illegally arrested and jailed as minors in Rutherford County. His class-action lawsuit was settled in December for nearly $6 million.

“Good riddance,” Mothershead quipped.

Tennessee law strictly prohibits the pretrial incarceration of minors unless they are charged with a violent felony, a weapons offense or a probation violation.

The distant opinions of Hornsby, Mothershead and others explain the conundrum facing the community as Davenport, one of the last elected leaders tied to a decades-long pattern of illegally arresting and jailing children, prepares to leave the bench by Aug. 31.

Tyrant or dedicated public servant.

Local leader or rule bender.

If Davenport's tenure was not a political pinball before Monday, it become one by mid-morning. A group of Democrats from across Tennessee vowed to oust her from the bench. And a group of Republicans cried foul.

Ironically, Davenport has ran for office three separate times, and won, as an independent, Democrat and Republican.

The lawsuit Mothershead helped to file against Rutherford County stated Davenport did not create the juvenile justice system which disenfranchised thousands for decades, transforming minor and made-up charges into what Nashville's Chief U.S. District Court Judge Waverly D. Crenshaw Jr. deemed “unquestionably irreparable harm.”

Davenport simply contributed to it, during a time she had the power to stop it, to change it.

"Some kids never get over it," said Katie Wilson, president of the Murfreesboro NAACP branch.

"I’m just praying whoever is elected will look at the policies and follow the law rather than creating their own policies."

Davenport is the only juvenile court judge Rutherford County has ever had, dating back to 2000. She plans to retire after completing her eight-year term. And now, at least two candidates have emerged to replace her in the Aug. 4 election.

Local Democrat: 'I would rather that they remove her now'

One day before Davenport announced her retirement plans at the end of her latest eight-year term, Democratic state lawmakers announced plans to pursue legislation to remove her from office. They suggested her policies, including one in 2003 about arresting minors, led to children being illegally arrested and incarcerated on misdemeanor charges.

“What she's doing is illegal," said state Sen. Heidi Campbell, D-Nashville.

The 2017 lawsuit questioned Davenport's role in jailing children charges with misdemeanors. But it also questioned the actions of the Rutherford County Juvenile Detention Center and among others, center director Lynn Duke and her staff, which determined if children were a threat to themselves or the community.

Davenport appointed Duke to the position.

For these reasons, and others, Rutherford County Democratic Party Chair Cathy Watts would prefer Davenport to leave the bench now, instead of waiting until after the Aug. 4 election.

"She can do a lot of harm in those six months," Watts said. "She can put a lot of children in jail that don’t need to be there.”

"It just horrified me that she had stayed in office all these years."

GOP state Rep. Tim Rudd: 'This is just more political gamesmanship'

Tennessee Speaker of the House Cameron Sexton, R-Crossville, said that he doesn't foresee the resolution from Democrats getting approved by the Republican-controlled Tennessee General Assembly.

"I see them doing this more as a political-type resolution," Sexton said.

The speaker recalled that Democrats opposed an unsuccessful bill in 2021, proposed by state Rep. Tim Rudd, R-Murfreesboro, to remove Davidson County Chancellor Ellen Hobbs Lyle from the bench after a ruling to expand absentee voting.

Rudd agreed with the speaker’s position.

“This is just more political gamesmanship from my Democratic colleagues aimed more at getting headlines than any type of meaningful reform," Rudd explained. He still contends Chancellor Lyle's ruling illegally interfered with the election process by implementing her own policies in violation of state law. "If they were serious about judicial reform," Rudd added, "they would focus on cleaning up their own judicial backyard."

Sexton suggested that the Tennessee Supreme Court's Board of Professional Responsibility should review any concerns about the actions of Davenport, which is a position similar to Gov. Bill Lee, according to a Tennessee Bar Association article.

Commissioner: 'I think she would have had an uphill battle'

Rutherford County Commissioner Robert Peay Jr., who serves on the Public Safety Committee that reviews juvenile detention center reports, said Davenport made a wise decision to retire rather than run for reelection and face opposition.

The combination of continued local and national media coverage, a federal court ruling against Rutherford County, December's settlement and social media conversations that shared the controversy across the nation may have been too much for even Davenport to endure another campaign.

Davenport has declined multiple interview requests from the Daily News Journal. Rutherford County Commissioner Pettus Read, chair of the Public Safety Committee, declined to comment about Davenport's retirement plans.

Said Peay: "I think she would have had an uphill battle."

Reach reporter Scott Broden with news tips by emailing sbroden@dnj.com or calling 615-278-5158. Follow him on Twitter @ScottBroden.

This article originally appeared on Murfreesboro Daily News Journal: Rutherford County Juvenile Court Judge Donna Scott still has allies