judicial commissioners( original post)

Posted in the McMinnville Forum

First Prev
of 4
Next Last
michael

Mcminnville, TN

#1 Feb 7, 2013
why would someone have asked for this to have been taken down originally unless someone in the story had done wrong? i name no one other than the two people whom i praise. it is all absolute truth. is the public not allowed to know the answers to the questions i asked? i could have added all the details which would make it all look even more egregious, but i chose not to. i just want answers, from other commissioners, judicial commissioners, attorneys, county executive, or laypersons with any knowledge on the subject. i do appreciate those that commented originally before the post was removed the first time.

do judicial commissioners receive training or are they required to have a certain level of competent knowledge of the law? I know several judicial commissioners and believe most are exemplary citizens. Jim Hartman and David Williams are two whom I believe to be in this category and I believe they are more than capable of understanding most statutes of law. What kind of proof does someone need to have a warrant sworn out? How does a citizen go about seeing what evidence was presented to a judicial commissioner to obtain an arrest warrant? My questions arise from my being arrested in August of 2012 due to a baseless warrant filed by a local attorney. when i use the term "baseless', i am simply saying that the da(who was representing the attorney who leveled the allegation against me) asked for the judge to dismiss the charge while i and my attorney were more than willing to go to trial. i imagine the person who took out the warrant did not want the issue to make it into the circuit court, but i'm only speculating. i had already been forced to retain a lawyer to defend myself against the allegation, had been arrested, and had to post bail.

what I’m asking is how much responsibility falls on the judicial commissioner or as their employer, the county? What recourse does a citizen have against an officer of the court who misuses or abuses their authority or law license? Would the judicial commissioner who signed the warrant or the citizen who leveled the allegation be at fault for a baseless warrant that was dismissed as soon as it got to the courtroom? Are taxpayers allowed to ask questions of judicial commissioners concerning their education, competency, and the evidence used to file a warrant out on another citizen. If I file malicious prosecution on the attorney and she/he ends up using the judicial commissioner as a shield or throws him “under the bus,” do I then file suit against the county? I would appreciate answers and opinions from those who hire the Judicial Commissioners, attorneys, and the public in general. I would also invite others to send any valid complaints against Judicial Commissioners to me to consider as I try to get answers to my own complaint.
michael

Mcminnville, TN

#2 Feb 13, 2013
Story in this mornings paper is a start. Still haven't heard from any of the commissioners on the personnel committee. I'm planning on attending commissioners meeting on 2-18-2013 to deliver letter to that committee personally. Do I not deserve answers to my questions from those the public elects?
BTW

Mcminnville, TN

#3 Feb 13, 2013
A friend of mine went before a similiar committee. In order that you are not heard they may try to say that it is not on the agenda. She had sent a letter ahead of time and they never responded. When they started the meeting she asked to be heard, they told her she was not on the docket, and they were following Robert's rule. She said she followed all the guidelines and she insisted to be heard. Because there was a bunch of press they had to let her talk.

That is just one way they avoide answering straight forward questions. The second way is to say they have to refer the situation to their attorney. Who by the way will only come out with a statement saying the committee did no wrong, at least as far as he could tell. But it'll sound all "legaleze"
BTW

Mcminnville, TN

#4 Feb 13, 2013
Why don't you post the article here so we can read what your talking about?
BTW

Mcminnville, TN

#5 Feb 13, 2013
How did you find out there is a meeting on Feb 18? I looked and don't see anything, but I will look again.
michael

Stearns, KY

#6 Feb 13, 2013
The letter I will deliver to the commissioners on the policy and personnel is basically the last two paragraphs of the first comment on this post. I don't count on them addressing my issues in their open commissioners meeting on Monday night the 18th. I just intend on delivering my letter. I will expect to have my questions answered the next time the policy and personnel committee meet. I know a few of the commissioners. Most of them will know the person that had me arrested on a charge that got dismissed by a special judge who was brought in from out of town due to conflicts.
BTW

Mcminnville, TN

#7 Feb 13, 2013
O.K. that clears things up. Good luck dude. Why aren't you just getting a lawyer and suing?
BTW

Mcminnville, TN

#8 Feb 13, 2013
My pick would be Galligan or Ross.
btw

Mcminnville, TN

#9 Feb 15, 2013
So your buddy Jim Hartman is he the one that has been married 5 times? And Dave Williams does he run the Video rental place --- is the porno videos available there? cause I would like to rent few. Has Dave been taken a shower lately?

I am sure they are great guys, and the truth stings.
michael

Stearns, KY

#10 Feb 16, 2013
I never claimed Jim and dave were buddies of mine. Never heard that about Jim. Not sure about Dave's selection of videos. I was merely commenting on my belief that they both are able to look at a statute of law and determine if a citizens evidence supports a warrant for a given statute. Soooo.?
BTW

Mcminnville, TN

#12 Feb 18, 2013
Now are the County offices open today? Schools apparently are closed.
michael

Mcminnville, TN

#13 Feb 18, 2013
BTW do you also go by btw? i dont believe any offices are open today.
BTW

Mcminnville, TN

#14 Feb 18, 2013
Yes I just forgot to cap it. Sorry to confuse you. But I think I like the non-cap better. You may not realize this but I support you cause 100% I guess it sounds a bit sarcastic, but I don't mean to be, just want you to know. And I hope some of what I say is useful.
michael

Mcminnville, TN

#15 Mar 1, 2013
one of my two representing commissioners informed me that they are having a policy and personnel committee meeting on 3/5/2013 at 4:45 at administration building.
BTW

Mcminnville, TN

#16 Mar 1, 2013
The meeting is listed on the county web site. The agenda is also there. It would be a benefit for this committee to hear your concerns during the March 5 meeting since it is a much smaller audience. (As opposed to the entire court). My guess is that this has probably happened to several other people.
BTW

Mcminnville, TN

#17 Mar 3, 2013
If I was in your place I would ask them why they had an warrant issued and not a summons.

That is an option for these Judicial Commissioners.
michael

Mcminnville, TN

#18 Mar 4, 2013
that is a good question. i believe there was a reason for the warrant and not a summons. i just need the commissioners to tell me who is liable
BTW

Mcminnville, TN

#19 Mar 4, 2013
They won't tell you who's liable. They won't implicated themselves, and they are terrified of getting sued.

If things are going well and everyone is happy they remind each other and everyone else how wonderful they are. If something goes wrong, no one will take responsibility, and they are all willing to point the finger in another direction. Good luck.
michael

Mcminnville, TN

#20 Mar 5, 2013
Policy & Personnel Committee Meeting March 5, 2013

To County Executive, John Pelham, and the county commissioner’s Policy & Personnel Committee: Ken Martin, Wayne Copeland, Charles Morgan, Kenneth Rogers, George Smartt.

1: What are the minimum requirements(age, level of education completed, previous applicable experience, existing knowledge and understanding of Tennessee laws, ability to evaluate evidence presented by an individual and discern its validity to charge sought) to be hired as a judicial commissioner?
2: Once hired, are judicial commissioners expected, required or provided training after being hired. If they are, what is the training and in what time frame from being hired. Is there required ongoing training or certification to insure that taxpayers are not arrested due to unmerited warrants.
3: Is a citizen, who is arrested, allowed to see the evidence provided to a judicial commissioner to obtain their arrest warrant? If not, why?
4: Do judicial commissioners file warrants based on their understanding or interpretation of the law and the proof provided by the citizen leveling the claim or do they rely on the knowledge and interpretation of the citizen? What are the judicial commissioners supposed to rely on, their knowledge and interpretation or the citizens’?
5: Are judicial commissioners not required to explain their justifying a warrant for a charge that is dismissed as soon as it gets to court?
6: Are judicial commissioners held accountable for warrants they write that are not supported by the proof provided by those seeking to have others summoned to court or worse, arrested? If so, how?
7: Does the responsibility for unmerited warrants fall on the judicial commissioner, the policy and personnel committee, or the county as their employer?
8: What recourse does a citizen have when a judicial commissioner lodges an unmerited warrant?
9: If a citizen files malicious prosecution on another citizen(in this case a licensed attorney) that leveled a charge on them and the citizen that leveled the allegation throws the judicial commissioner "under the bus", does the accused then file suit against the county?

Thank you for your time and consideration
District 3 resident
BTW

Mcminnville, TN

#21 Mar 5, 2013
Well Michael-

Did you go to the meeting? Did you get any of your questions answered? Someone apparently does not like you or me posting on Topix.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker
First Prev
of 4
Next Last

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

McMinnville Discussions

Title Updated Last By Comments
82 million dollar lawsuit filed in federal cour... 1 hr CasparWeiss 15
drivethrou. window electric (May '14) 1 hr Sid Turley 5
crystal davenport (Jan '11) 7 hr jamie 28
Judge Locke Why? 13 hr naynaymarsh 1
Warren county Jail (Aug '12) 14 hr naynaymarsh 38
McMinnville caterer indited in food stamp fraud Sun nsb 34
Holly Cox Spartan Probation No Good! Sat kissmygrits69 6
More from around the web

McMinnville People Search

Addresses and phone numbers for FREE

Personal Finance

Mortgages [ See current mortgage rates ]