Split Smyrna council sets referendum for voters to decide on eliminating criminal court

A divided Smyrna Town Council decided Tuesday to ask voters if they want to eliminate local General Sessions Court.

The council voted 5-2 to hold a March 5 referendum during the presidential primary. Voters will decide if they want the town to eliminate the General Sessions Court for criminal cases but keep the revenue-generating Municipal Court for traffic and code violations.

Council members Racquel Peebles and Gerry Short opposed adding a referendum to the ballot after voters chose leaders to oversee the General Sessions Court in 2022.

"They already voted to elect a Judge (Brittany Stevens) and Town Court Clerk (Lisa Brewer)," said Peebles, adding that the proposed referendum "should happen at a different time."

Both Stevens and Brewer have provided town leaders written complaints about the behavior of Town Manager Brian Hercules while he's been recommending the council eliminate the General Sessions Court. Stevens through a letter from her Nashville attorney Wesley Clark demands an investigation of Hercules and accused the town manager of intimidation and retaliation.

Hercules asked the council Tuesday to pursue an independent review of his management after what he described as "baseless complaints."

Formal complaint: Smyrna Judge Brittany Stevens' lawyer demands investigation of Town Manager Brian Hercules

Mayor Reed defends position to hold referendum on court issue

Mayor Mary Esther Reed backed the referendum with Vice Mayor Marc Adkins and fellow council members Steve Sullivan, H.G. Cole and Tim Morrell. The decision followed the majority hearing opposition speeches from Peebles, Short and nine people during the citizen comments part of the meeting.

“This vote is not about us closing down the courts,” Reed said. “This vote is about us asking the citizens what they want to see done. I am going to be honest with you. I have a real problem looking a citizen in the face and saying, ‘I’ve taken your vote away.’”

The mayor pointed her finger toward audience members while questioning why the council would want to speak for citizens rather than give them the chance to vote on the issue with the referendum.

“That’s not my right,” said Reed, who raised her voice to emphasis her points. “Every time that we vote up here, almost every time, we have to make a vote based on what we think 55,000 citizens want us to do. We have to make that choice. This time, we don’t have to do that. They can go to the ballot box and cast for themselves what do you want to see done.”

The council will keep the General Sessions Court if that’s what the voters want, the mayor said.

“But if they say to us this is not an expense that we want our tax dollars going to," the council will move on the next step of the process to eliminate General Sessions Court, Reed said.

The process to transfer the criminal court services to Rutherford County General Sessions Courts also requires approval from the Tennessee General Assembly and a final two-thirds vote by the council to adopt a change in the town charter, Hercules said.

'We were blindsided with numbers': Smyrna judge upset by town leaders seeking to end General Sessions Court

Reed touts adding 4 police officers after reallocating court costs

The town manager estimates that General Sessions Court costs the town more than $900,000 annually. He suggested the town could reduce costs by about $300,000 per year by transferring criminal General Sessions Court cases to Rutherford County, which by state law must provide this service.

The county operates General Sessions Courts at the Rutherford County Judicial Center in downtown Murfreesboro.

A previous local government study in 2017 when former Smyrna Police Chief Kevin Arnold was still serving had expected a need for 13 more officers to serve the town if other officers had to travel to Murfreesboro for General Sessions Court cases and warrants. The estimated costs in 2017 were expected to increase by $1.1 million, Capt. James Scott told the council.

A 2023 study since new Police Chief Jason Irvin has been serving foresees no need to add officers to serve Smyrna if General Sessions Court cases move to Murfreesboro, Scott said.

"These positions are already in the budget," Scott said.

The savings from eliminating General Sessions Court, however, will mean the town can reallocate the tax dollars to have four more police officers on the street to serve and protect the citizens, the mayor said.

Complaint against Brian Hercules: Smyrna Clerk accuses town manager of 'bullying and belittling behaviors'

Judge and town court clerk will be able to complete their terms

Councilman Short opposed the referendum after mentioning concerns about the impact of the two elected judicial officials who campaigned to represent Smyrna voters by winning seats in August 2022 election.

"I tried to put myself in the shoes of the judge and clerk," Short said.

Mayor Reed responded by saying both elected judicial officials will be able to complete their terms and collect their salaries while serving Municipal Court.

Judge Stevens won an eight-year term that ends after August 2030. Her full-time pay at this time is $121,360. If the town eliminates General Sessions Court, the council would appoint a part-time Municipal Court judge after Stevens completes her term, Hercules said.

Brewer won a four-year term that ends after August 2026. Her full-time pay at this time is $88,056. The town manager would appoint a full-time town court clerk after Brewer completes her term, should the town discontinue General Sessions Court, Hercules said.

The town manager also promised that his administration will do everything possible to allow General Sessions Court clerks to remain employed through other positions with a town government that provides about 500 jobs.

'Citizens should be involved': Smyrna officials divided over General Sessions Court status

Former Smyrna mayor questions timing of council's actions on court

Among the speakers who challenged the council pursuing a process to eliminate General Sessions Court is former Smyrna Mayor Tony Dover.

He like Councilwoman Peebles suggested the more appropriate time to have consider the elimination of General Sessions Court was prior to the 2022 election.

"You chose not to act then and instead waited less than a year into the clerk and judge's new terms, which is now opening yourselves and the city up to added scrutiny and potential lawsuits," Dover said.

"It is because of the timing of this and the way you have handled it that the questions of retaliation are being raised. No part of this story makes the town look good."

Town leadership: Brian Hercules accepts job as Smyrna's town manager

Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. Follow his tweets on the X social media platform @ScottBroden. To support his work with The Daily News Journal, sign up for a digital subscription.

Referendum set on fate of Smyrna General Sessions Court

The Smyrna Town Council decided Tuesday to hold a March 5 referendum for Smyrna voters on whether the town should eliminate General Sessions Court and let Rutherford County handle these criminal cases. Early voting is set Feb. 14-27. Adult citizens who live in Smyrna and are yet to register to vote have until Feb. 5 to register with the Rutherford County Election Commission to vote in the referendum and presidential primary.

This article originally appeared on Murfreesboro Daily News Journal: Smyrna council sets voter referendum on eliminating criminal court