Shelby County judge reprimanded by state board for saying he 'detests' bail bond system

A Shelby County judge was reprimanded Tuesday for comments made about Tennessee's bail system during a Shelby County Board of Commissioners meeting, and raising his voice at a police officer in his courtroom, according to a letter from the Tennessee Board of Judicial Conduct.

General Sessions Judge Bill Anderson's reprimand makes him the third Shelby County judge to be publicly reprimanded by the board since the 2022 election.

In the reprimand, the board quoted Anderson from a presentation he gave to the county commission about bail in general sessions court, where he said he "detests" the bail bond system because "bail bond companies don't do anything except collect money from poor people."

"It is one thing for a judge to appear publicly and explain specific problems in an area of the law in which the judge has expertise," the reprimand read, "it is quite another for a judge to publicly declare that he or she 'detests' the law that the judge is charged with applying. Statements of the type in the latter category can undermine public perception and confidence that the judge will approach his or her cases fairly and impartially, as well as undermine public confidence in the judiciary."

Anderson, according to the board's reprimand letter, said he did make those comments, but told the board he follows the law regardless of his personal views.

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Another incident cited as cause for the reprimand happened during a March 2023 bond hearing, where Memphis police Sgt. Benjamin O'Brien was in court at Anderson's request.

"During the hearing, you raised your voice at Sgt. O'Brien and became sarcastic about a warrant he had prepared," the board wrote in the reprimand. "Sgt. O'Brien left the courtroom feeling embarrassed and harassed."

According to the board, the court record showed the case was dismissed. The board said Anderson was telling O'Brien the affidavit for the case was "insufficient" and that was why the case was dismissed.

"Judges are expected to maintain the highest standards of conduct and dignity of judicial office at all times," the board wrote. "This obligation includes the specific responsibility of being patient, dignified and courteous to those with whom the judge deals in an official capacity. Yelling or making injudicious comments in court is neither dignified nor courteous and sets a poor example for everyone present. In addition, a party who is the subject of overly harsh or intemperate words may reasonably perceive that the judge is biased. Nor do such comments inspire confidence in the integrity and impartiality of the judiciary."

Shelby County bail reform discussions

The reprimand comes months after the September Shelby County Commission meeting where Anderson spoke about bail. A month later, State Sen. Brent Taylor, a Republican from Memphis, wrote a letter to the board expressing concern with Anderson's comments after a man charged with first-degree murder was released on his own recognizance.

"My concern is Judge Anderson's animus toward the bail system has put my constituents in Shelby County in more danger," Taylor wrote in the letter. "Not only do I feel his contempt for the bail system influenced his decisions, but as the supervising judge over the judicial commissioner program in Shelby County, his influence is corrupting the judicial commissioners' bail decisions too, which is evidenced by continued setting of low bail amounts."

Taylor's letter to the board is part of an ongoing battle he has taken up from his position in the state legislature where he is a member of the Senate Judiciary Committee. He has long pointed to low bail as the culprit of Memphis' crime spike in 2023.

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When Anderson made his remarks about the bail bonding system before the county commission, he was presenting data from general sessions court that showed fewer people were being re-arrested while on bail. Data also showed that the initial bail amounts being set when someone is booked at the Shelby County Jail are higher across the board than they have been in the past.

In that same commission meeting, Anderson said he favored releasing defendants of their own recognizance because the court could enforce release conditions, such as enforcing curfews and requiring drug testing, mental healthcare and other services.

Anderson said when someone enlists a bail bondsman to post bail, the court cannot force the bail bondsman to make sure conditions are being followed.

"I can't make anybody enforce it because I don't have any control over the bail bondsmen," Anderson said. "They don't sit in a courtroom, they don't monitor anything. They don't do anything except collect money from poor people."

This article originally appeared on Memphis Commercial Appeal: Shelby County Judge Bill Anderson reprimanded for comments on bail bonds