MEMPHIS, Tenn. — Many people are asking how criminals accused of committing crimes before are back on the street so quickly and blame that for the rise in crime in Memphis.
Judge Bill Anderson supervises Shelby County’s 14 judicial commissioners, also called magistrates, whose duty among other things, is to set bail when someone is first arrested.
“I will take the heat for any magistrate that works down here,” Anderson said. “I will defend my magistrates ’cause it is one of the toughest jobs there is.”
He has heard the criticism about magistrates giving suspects a low bail, even though those suspects may have prior offenses. He says by law, most defendants have a right to bail, and the magistrates use the information given to them by Pretrial Services to set the amount.
“Pretrial Services is a county agency, Shelby County Agency, whose responsibilities, among other things, is to do these reports for the magistrate and the judges, these background reports,” Anderson said.
The reports look at things like age, prior offenses and ability to pay bail. Then, once a case goes to court, judges like Anderson can decide if a bail needs to be changed.
“I will look at the situation. I will review the magistrate’s initial setting if I am requested to by the attorney,” said Anderson. “Then I will make an independent decision on that bail.”
Judge Anderson says who is really behind defendants getting out and quickly are the bail bonds companies who put up the money.
“The people who makes the decision on who gets out of our jails on a monetary bail is the bail bond company. It’s not the judges. It’s not the magistrates,” he said. “It’s a private entity we have absolutely no control over.”
He says a new state law that goes into affect July 1 and removes some cases from judicial commissioners, and puts them on judges, will only go so far because its commissioners who work on rotating 24/7 shifts and who have to make bail decisions even before judges get the case during the week.
“People are entitled to bail as soon as they are arrested and charged,” Anderson said. “They took out the words ‘cannot set bail period’ to ‘cannot set recognizant release.'”
He says the bigger question is what’s behind the crime we’re seeing.
“We have a crime problem in this city just like every other big city has, and it’s getting worse because of guns,” Anderson said. “Frankly, that’s my opinion. I see it everyday.”
We asked Judge Anderson about the resolution passed by the Shelby County Commission and signed by Mayor Lee Harris requesting immediate implementation of the state law, saying judges, not commissioners, can handle certain cases.
He said the Criminal Court judges looked at the request and realized it was something they were already doing.