After creating a dual position of juvenile magistrate
and judicial commissioner in summer 2014 to assist with
the probable cause and juvenile caseload at Loudon
County General Sessions Court, county officials on
Monday considered adding a second judge that could be
funded, in part, by an addition to the litigation tax
currently charged through filing fees.
General Sessions Court Judge Rex Dale said the court, which was created in 1959, currently handles five jurisdictions and averages 1,000 cases per month. He said that on most days he can close more than 50 cases, but some “multiday cases” can take up to a year to try.
“Those are the cases that backlog the system because
on those days I hear one case,” Dale said. “I can’t
hear 56 or 57.”
He said he is currently working between 60-75 hours
per week, which includes some weekend work. Current
Juvenile Magistrate Hank Sledge was hired last year
at a cost of about $126,000, including a base salary
of $95,000 and benefits, to assist with cases and
sign arrest warrants.
Dale, whose salary and benefits total about
$150,000, said that under state law Loudon County
Commission could increase the litigation tax on
filing fees from the current rate of $17, which
produced $79,117 in revenue in fiscal year 2013-14,
by as much as $51.97 for a total of $68.97 to assist
with the expense of hiring a new judge. He said the
change could “fully fund” both positions as an
alternative to increasing property taxes.
“It keeps it with the users that would be utilizing
that procedure,” Dale said.
Commissioner Harold Duff asked whether adding a
second judge and reducing the caseload would
alleviate jail overcrowding at the Loudon County
Justice Center.
“Would this drop the jail population to the level as
to where we would no longer be on probation by the
state of Tennessee because we would be within a
level that the jail was built for?” he said.
Dale said he didn’t see a “direct correlation”
between caseload and jail population, adding that
oftentimes more arrests take place in temperate
weather, among other fluctuations in crime patterns.
“Those trends basically don’t really coincide with
the filings of cases,” Dale said. “What a second
judge does is provide for the efficient flow of the
cases that we have coming in and out of the system.”
Duff asked if the change will decrease inmates
awaiting trial at the jail.
“They don’t have a long wait for me,” Dale said.
“What they have a long wait for ... is in criminal
court for a jury trial because when they come in
front of me if they are in jail they will come up
for their preliminary hearing in seven to 10 days.”
Commissioner Van Shaver said he thought anticipated
revenues from the litigation tax could vary, noting
that the figures Dale presented to commission seemed
“very subjective.”
“I think if you go back and look at the revenue that
has been received on that litigation over the past
few years, you’ll see that $79,000 is about the
average,” Sledge said. “It’s been higher than that
at different times, but I don’t think you can say
that that’s subjective. I think the proof would bear
out that that’s pretty accurate.”
Duff again asked Dale whether adding another judge
might assist with the jail overcrowding problem.
“I would think that it would be an actual outflow of
that, but I can’t say it’s a direct correlation
because remember I’ve got five jurisdictions, and
criminal is just one of those jurisdictions, so
that’s just one day of the week that we’re talking
about,” Dale said.
Dale said he has already shown a proposed piece of
legislation to state Rep. Jimmy Matlock, R-Lenoir
City, and state Sen. Randy McNally, R-Oak Ridge,
that would be needed to approve a second judge. He
requested Loudon County Commission take up a vote on
approving the legislation and the funding for a new
judge at its April meeting.