Shelby County DA Fights State’s Move to Dismiss Constitutional Challenge
Shelby County’s top prosecutor refuses to back down from his constitutional challenge to state laws he says unlawfully target his office’s independence.
MEMPHIS, TENNESSEE — Shelby County District Attorney Steve Mulroy is opposing the Tennessee Attorney General’s attempt to dismiss his constitutional challenge to two state laws that he argues unlawfully target his office.
Mulroy filed a response in Shelby County Chancery Court after Attorney General Jonathan Skrmetti moved to dismiss the lawsuit. The district attorney maintains that state law and previous court decisions support his standing to challenge the legislation.
“This case is about preserving the independence of an office that answers to the voters of Shelby County,” Mulroy said in a statement. “We believe these laws are unconstitutional, and we are asking the courts to review them on the merits. The people of Shelby County deserve to have those questions fully considered.”
Laws Target Memphis Safe Task Force Cases
The lawsuit centers on two laws passed this year that Mulroy claims illegally interfere with his office’s handling of cases stemming from the Memphis Safe Task Force. The task force combines local, state and federal law enforcement authorities and was ordered by President Donald Trump and Governor Bill Lee.
The Memphis Safe Task Force Accountability Act requires Mulroy’s office to submit reports every 10 days detailing any dismissals or settlements of charges filed by the task force. Mulroy argues this places an undue burden on his staff to compile information, a task complicated by the task force’s refusal to provide important details about each case.
State Seeks Broad Oversight Powers
The second piece of legislation, known as the Audit and Pro Tem Act, grants the state attorney general authority to review internal files from the Shelby County DA’s office and share them with state lawmakers. The law also permits auditing of the “reasoning” behind prosecutorial decisions in task force cases.
The Audit and Pro Tem Act allows the state attorney general to petition the Tennessee Supreme Court to appoint a special prosecutor in certain circumstances, further expanding state oversight of local prosecutorial functions.
The legal battle represents a broader conflict between state and local authority over criminal justice matters in Tennessee’s most populous county. Mulroy has consistently argued that the laws represent an unconstitutional intrusion into local prosecutorial independence.
The case remains pending in Shelby County Chancery Court as both sides prepare their arguments on the constitutional questions raised by the legislation.
