Second reprimand of Shelby Co. judge could bring disciplinary action by TN legislature

Shelby County Criminal Court Judge Melissa Boyd has been referred to the Tennessee General Assembly for "further action" after the Tennessee Board of Judicial Conduct said she violated the conditions of a suspension order she has been under since late May.

The violation, and subsequent referral, is Boyd's second public reprimand from the Board of Judicial Conduct and includes additional details that were not made public in her initial reprimand.

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.

According to the board, Boyd was to receive a physical, mental health or substance addiction evaluation and then complete any recommendations made by the healthcare provider that carried out the evaluation. The board said she did not do so.

"By letter dated October 26, 2023, TLAP (Tennessee Lawyers Assistance Program) notified the board that despite having multiple chances to do so over several months, Judge Boyd failed to complete any assessment in violation of her agreement," the board wrote in the reprimand released Tuesday. "TLAP further notified the board that it ‘has done everything possible to support Judge Boyd, but she is not cooperating with TLAP and…has declined to honor the [agreement]. As such, she is non-compliant at TLAP."

Boyd told The Daily Memphian in mid-October that she planned to return to the bench Wednesday, and that she did not plan to undergo that evaluation due to how expensive it would be and saying she believed it would be unnecessary.

Previously: Shelby Co. Criminal Court Judge Melissa Boyd on leave, predecessor to fill in temporarily

"Further, her representation to the public that she does not have a ‘problem’ stands in stark contrast to her representation to the board on May 5, 2023, that she was 'asking for the opportunity to take time to receive treatment for her illnesses,'" the board wrote. "She was granted that opportunity, while receiving her full salary no less, but to no avail."

Boyd will not return to the bench in the meantime, as the suspension from the board is still in effect, the body said.

New details from Boyd's suspension order

The suspension order that was attached to the Oct. 31 reprimand said the board first received a complaint against Boyd in late November 2022, two months after she began serving on the Criminal Court Division 9 bench.

That initial complaint alleged Boyd "was threatening and intimidating an acquaintance and that she was abusing alcohol." By Dec. 19 that year, an investigation into the complaint was authorized, and Boyd was given notice of the investigation two days later.

Boyd was required to respond within 14 days of that notice, but did not submit a response until Feb. 23, the board said. In that initial response, the board said Boyd denied having a substance abuse issue.

The board’s investigation expanded in March, and Boyd was notified, based on new allegations.

"…On or around January 21, 2023, Judge Boyd was discovered sitting outside the acquaintance’s residence at approximately 2:30 a.m.," the board said. "During this incident Judge Boyd texted pictures of this individual’s property and sent text messages which accused this person of having someone in the home."

Boyd acknowledged that she had sent the text messages and that her behavior was inappropriate in an early April letter, the board said. It was in this letter that Boyd told the board she was experiencing "grief-related issues due to the passing of several family members and the sudden illness of another family member."

Just over two weeks later, on April 27, the board expanded its investigation for a third time based on allegations that Boyd admitted to having a substance abuse problem. Boyd, in a May 5 letter, wrote back to the board and acknowledged she had a substance abuse problem and was seeking treatment for it.

"When any judge, but especially a judge who adjudicates substance abuse or chemical dependency related matters such as Judge Boyd, has alcohol and/or substance abuse issues, respect for the judiciary and the administration of justice suffers," the board wrote in the suspension order. "Clearly, the public is more likely to respect and have confidence in the integrity and quality of justice administered by a judge if the judge has complied with the same standards of conduct he or she is responsible for applying to others. A judge who has drug or alcohol dependency issues does not inspire such confidence."

It is not clear from the board’s reprimands what substance Boyd was accused to have been abusing.

What comes next for Judge Boyd?

With Tuesday’s public reprimand being her second in a single term, Boyd was referred to the Tennessee General Assembly for "further action as the body deems appropriate." The state legislature is the only body that can remove an elected judge from the bench after the board notifies the Speaker of the House and Senate when a judge receives a second reprimand.

"Judge Boyd has now received two public reprimands in the short time she has been a judge. Accordingly, to protect the public and preserve trust and confidence in the integrity of the judiciary and the proper administration of justice, the board is reporting Judge Boyd to the General Assembly," the board wrote.

That referral to the state legislature must be filed within five days of Boyd’s second, Oct. 31 reprimand, and include details about all prior reprimands received.

An impeachment of an elected official would be brought through the House of Representatives and tried by the Senate, according to the Tennessee Constitution. Two-thirds of all senators would have to vote in favor of impeachment, and, if impeached, that person cannot hold the same office again.

Boyd’s first reprimand, which was made public on May 8, came from a Facebook post that showed Boyd in her judicial robe requesting donations to benefit a school. According to the board, Boyd "lent the prestige of judicial office to advance the private interests of others."

Two weeks later, Shelby County Criminal Court Judge Paula Skahan confirmed to The Commercial Appeal that Boyd would be leaving the bench for "a few months" and Senior Judge Mark Ward, who sat on the Division 9 bench prior to losing re-election to Boyd last year, would be taking over.

Ward, for unclear reasons, did not end up returning to the bench, and Shelby County Criminal Court Judge Chris Craft, who sits on the Division 8 bench, has been presiding over Boyd’s docket.

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com and followed on Twitter @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: Shelby County criminal court judge Melissa Boyd reprimanded again