Judicial board recommends removal of Shelby County Judge Melissa Boyd. What happens next

The Tennessee Board of Judicial Conduct has recommended that Shelby County Criminal Court Judge Melissa Boyd be removed by the Tennessee General Assembly, jumpstarting proceedings in the state legislature, per a letter posted to the board's website.

The recommendation comes after months of controversy, and criminal charges, have surrounded Boyd that include allegations of substance abuse, harassment and violating agreements with the board.

"[Boyd] agreed to the first public reprimand, agreed to the suspension of May 22, 2023 and agreed that the suspension would become public as a second reprimand upon her noncompliance," the board wrote in its letter. "She acknowledged that she used illegal drugs while a judge, acknowledged that she needed treatment and she failed to comply with the November 22, 2023 order. Nor is there any doubt that other criminal court judges in Shelby County have had to handle Judge Boyd's cases, in addition to their own cases. Meanwhile, Judge Boyd has continued to collect her full salary and benefits going on the better part of a year and, unfortunately, there is no end in sight but for her removal."

The letter, dated Jan. 25, was sent to Lt. Gov. Randy McNally and State House Speaker Cameron Sexton, who was in Memphis to announce a proposed constitutional amendment to bail procedures Friday. Sexton said after the announcement that the legislature had received a letter from people in Memphis requesting Boyd be removed, but that state law required a letter from the board.

"We're supposed to get [a letter] sometime this week, today or maybe early next week," Sexton said. "Once we get that letter from them, which we will get, then we will start the process."

According to Sexton, the letter from the board, which oversees the conduct of Tennessee's judges, will recommend removal to "honor what Memphis has asked for."

What the letter contains

In the letter, the board explained the circumstances of each reprimand and said Boyd had not complied with the treatment orders she was given for alleged substance abuse problems.

"The board does not make this recommendation lightly," the board wrote in its letter. "However, Judge Boyd was specifically and unambiguously admonished in May 2023 that 'judges are expected to maintain the highest standards of conduct at all times' and that 'neglecting ethical responsibilities not only reflects poorly upon the individual judge but undermines the integrity of the judicial system and the administration of justice.' Judge Boyd has consistently ignored that warning, and the board has been more than patient in allowing her multiple, extended opportunities to address her admitted substance abuse issues. Judge Boyd is solely responsible for the untenable situation she has created for herself, the judiciary and the public."

According to the letter, the board had voted to recommend removal on Jan. 24, and said that Boyd refused to accept "responsibility for her continued noncompliance," adding that "Judge Boyd expressed her view that the board was 'piling on' by keeping her off the bench, despite having at least eight months to avail herself of the opportunity to seek treatment."

Boyd was indicted on one count of coercing a witness and one count of harassment on Dec. 13, according to court records. The charges are connected to a string of alleged misconduct that has earned her multiple public reprimands from the board.

Timeline of alleged misconduct

The first instance of that misconduct included accusations that Boyd was asking for donations to benefit a school while in her judicial robe in 2022.

Then, in November, Boyd was referred to the General Assembly for "further action" after the board said she violated the conditions of a suspension order she had been under since May.

Boyd was suspended from her position as a judge on May 23 after allegations of threatening "an acquaintance," soliciting money by using her role as a judge and substance abuse were levied against her. Part of the agreement Boyd and the board struck was that any violation of the suspension order would result in the order being made public via a public reprimand.

The criminal case is being prosecuted by Frederick Agee, the district attorney for Crockett, Gibson and Haywood counties, as a pro-tem prosecutor after Shelby County District Attorney Steve Mulroy recused his office from the case.

According to Agee, the criminal charges stem from an interaction between Boyd and her campaign manager. The campaign manager, he said, told the board that Boyd had used drugs since taking office and would show up at the manager's home and berate her.

The campaign manager also alleged that Boyd tried, on several occasions, to have the manager recant her statements to the oversight board, telling the manager to "shut up" and to "not mess with her because she's a judge."

The board, which oversees judicial conduct, made the allegations in a letter to McNally and Sexton. The Nov. 6 letter came days after Boyd received a second reprimand from the Board of Judicial Conduct, and points to the General Assembly’s ability to remove a judge from office. The board does not have that power.

Boyd took a leave of absence for what was described as an undisclosed illness in May, though the leave falls in line with when Boyd was suspended. Senior Judge Mark Ward, who sat on the bench in Shelby County Criminal Court Division 9 before Boyd ousted him in the 2022 election, was slated to take over the docket but never ended up returning to the position.

Since then, Shelby County Criminal Court Judge Chris Craft has handled the Division 9 docket.

One of Boyd's attorneys, Arthur Horne III, said he hopes Boyd's actions since starting treatment will sway the legislature.

"I got on board with representing Judge Boyd after she was indicted on December 12, so I wasn't privy to all of the things that had gone on prior to that," Horne said. "I was always a fierce advocate to get her into a facility, to get her the help that she needed. And she's doing that now. I don't know whether that sways the opinion of the legislature because a lot of her actions were irrational prior to her getting the held that she needed."

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com, or (901)208-3922, and followed on X, formerly known as Twitter, @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: Tennessee board recommends removal of Shelby County Judge Melissa Boyd