Tennessee lieutenant governor supports removal of Shelby County district attorney

Shelby County District Attorney Steve Mulroy. (Photo: Karen Pulfer-Focht)

Tennessee’s lieutenant governor is backing a Memphis state senator’s move to force the ouster of Shelby County’s prosecutor for “dereliction of duty” in connection with felons caught carrying weapons.

Lt. Gov. Randy McNally issued a statement Monday saying he “wholeheartedly” supports efforts by Republican state Sen. Brent Taylor to dismiss District Attorney General Steve Mulroy from office for “failing to properly prosecute convicted felons in possession of a firearm.” 

Taylor sent McNally a letter Monday notifying him he plans to file a Senate resolution after the November election to remove Mulroy from office. The district attorney general said recently he plans to adopt a policy allowing non-violent felons to avoid being prosecuted for possession of weapons.

McNally, an Oak Ridge Republican, said Mulroy’s “explicit refusal to prosecute criminals with guns is inexcusable and unconstitutional. While district attorneys have prosecutorial discretion, that discretion is not a license to override or subvert the law of the land. DA Mulroy’s record of refusal to prosecute laws he does not personally care for is longstanding and clear. I believe it is time for him to go.”

Even though district attorneys general are elected by a county’s voters, the Legislature can oust them with a two-thirds vote, according to a state law cited by Taylor in his letter.

Taylor and House Speaker Cameron Sexton made social media posts last week calling Mulroy soft on crime for his new policy to provide “diversion” from conviction for non-violent felons caught carrying weapons.

Mulroy, a Democrat serving his first term after defeating Republican Amy Weirich, told the Tennessee Lookout last week the DA’s Office continues to prosecute illegal gun possession cases, including possession of a gun connected to drug crimes and possession of a Glock switch, which makes those types of handguns fully automatic. His office did not respond to questions Monday.

The district attorney, though, noted his office is “open to offering a diversion track, on a case-by-case basis for those defendants who have no history of violence or significant criminal history and seem reformable.” 

Those types of offenders would be prosecuted but could avoid conviction by meeting “stringent requirements” for rehabilitation, he said. The policy is designed to free up prosecutors to focus on offenders who “use a weapon,” he said.

Taylor acknowledged Monday that district attorneys general have “prosecutorial discretion” but contended that state law prohibits felons from possessing weapons and argued if Mulroy thinks non-violent felons should be excluded, then he should lobby the Legislature to change the law. He denied that his effort to remove Mulroy is a political move and maintained that the district attorney has “abused his prosecutorial discretion.”

It looks like every local official is now on notice not to cross powerful state politicians – or else. Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.

– Sens. Raumesh Akbari and London Lamar, Memphis Democrats, in a statement

“He’s attempting to enforce and prosecute the law based on how he wishes it were written, not how it’s actually written,” Taylor said. “District attorneys are obligated to enforce the law the Legislature enacts.”

Senate Minority Leader Raumesh Akbari and Minority Chairman London Lamar issued a statement in response calling Taylor’s effort an “unconstitutional attack” on Shelby County’s district attorney and saying it “sets a dangerous precedent.”

“It looks like every local official is now on notice not to cross powerful state politicians – or else,” they said. “Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.”

They contend crime didn’t start with Mulroy’s election and said, “it’s beneath the Legislature to threaten local officials over a policy debate.”

Sen. Taylor and Republican state Rep. John Gillespie of Memphis passed legislation this year overturning a Memphis City Council ordinance stopping police from making “pretextual” stops such as driving with broken tail light. The measure was designed to prevent violent incidents between police and motorists such as the death of Tyre Nichols who was pulled over for reckless driving and beaten by five police officers, according to video of the stop.

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