Tennessee House Passes Bill to Remove Shelby County District Attorney
Tennessee House Republicans voted 71-23 to give the state attorney general power to audit and remove Shelby County DA Steve Mulroy for allegedly refusing to prosecute crimes.
NASHVILLE, TENNESSEE — The Tennessee House of Representatives passed legislation Wednesday granting the state attorney general authority to audit and potentially remove the Shelby County district attorney for not prosecuting certain crimes.
The Republican-controlled House voted 71-23 along party lines to approve House Bill 483, which targets District Attorney Steve Mulroy, a Democrat serving the 30th Judicial District.
Under the amended measure, the attorney general could request the Tennessee Supreme Court appoint a replacement if an audit finds “clear evidence” the district attorney declined to prosecute criminal offenses “based on an unjustifiable and unconstitutional standard, without regard to facts or circumstances, or taken other action that constitutes a failure or refusal to prosecute.”
Senate Vote Scheduled
The Tennessee Senate is set to consider its version of the bill Thursday. Republican Sen. Brent Taylor, a critic of Mulroy, sponsors the Senate legislation.
Democratic Rep. Torrey Harris of Memphis questioned the constitutionality of the bill during floor debate Wednesday. Harris mentioned that bill sponsor Rep. Farmer agreed to meet with him privately about constitutional concerns rather than address them publicly.
“He knew saying it on the record that it is not a constitutional piece of legislation probably would have hurt them in court later on,” Harris said.
Constitutional Questions Raised
During debate, Harris read state law that limits the legislature’s ability to pass laws affecting only one county without that county’s approval. The Memphis Democrat argued the bill violates this constitutional provision.
Farmer defended the measure as constitutional and cited prosecution statistics to justify the legislation. According to Farmer’s figures, out of 514 felony cases handled by the Shelby County district attorney’s office, prosecutors dismissed 144 cases, gave suspended sentences on 178 cases, and secured convictions with jail time on only 84 cases.
Farmer provided no details about the types of criminal offenses involved in those statistics during his presentation to the House.
Targeting Progressive Prosecutor
The legislation specifically targets Mulroy, who was elected as Shelby County’s district attorney on a progressive platform. Republican lawmakers have criticized his prosecutorial approach, arguing he has not adequately pursued criminal cases.
If the bill becomes law, it would mark an unprecedented intervention by the state legislature into local prosecutorial decisions. The measure raises significant questions about separation of powers and local autonomy in Tennessee’s judicial system.
The Senate version of the bill faces consideration Thursday as Republican legislators continue their effort to remove the Democratic prosecutor from office.
