The Senate Judiciary Committee approved a resolution on Wednesday that would allow Tennessee voters to decide if they want to elect the state’s attorney general. Senate Joint Resolution 63, sponsored by Senator Mae Beavers would begin the process of amending the state constitution, which if approved, would go to voters in the 2018 general election.
“Tennessee is the only state in the nation in which the people have neither a direct nor indirect voice in the selection of their attorney general, and we are the only state that gives that power to our Supreme Court,” said Senator Beavers.
Senator Beavers’ resolution calls for the AG to serve a six-year term, but would limit it to two consecutive terms. The resolution requires approval by the 109th General Assembly currently in session, and the 110th which will take office in 2017, before going to voters in a statewide referendum.
“I told the committee that I believe that it was even more important now that we pass a constitutional amendment to elect the Attorney General since the people voted for Amendment 2 (last November Election) and gave away their right to select Supreme Court Justices to the Governor,” said Senator Beavers in an interview on WJLE Thursday morning.
Senator Beavers said that when Tennessee’s Constitution was written, calling for nomination of the AG by the state’s Supreme Court justices, the court was popularly elected. Forty-three states already select their attorney generals through popular election. In six other states, the AG is selected by either the elected governor or the elected state legislature.
“I feel that the citizens of this state ought to have a ‘say-so’ in the highest legal office in Tennessee. Our Constitution says that the Supreme Court Justices shall be elected by the people. And then the framers of our Constitution in all their wisdom thought that it was fine for the Supreme Court to select our Attorney General. As I told the committee, the system became broken when the Tennessee Plan was passed. I believe that was unconstitutional. It did not follow the Constitution in what it said about us electing our judges. We have a body (Supreme Court) that is appointed by the Governor and we have them selecting our Attorney General. That is a huge conflict of interest for a man appointed by that body to practice in front of that body. The Attorney General is our attorney. The people’s attorney,” said Senator Beavers.
The bill now goes to the Senate floor where it will be heard on three readings before taking a final vote. It will then travel to the House of Representatives for approval there.

After serving as Chairman of the DeKalb County Democratic Party for the last five years, Jim Judkins has decided not to seek another term.
Judkins, who is completing his third term, will pass the gavel to his successor when members of the party convene on Saturday, March 21 for a re-organizational meeting at the courthouse.
The local attorney said while he has enjoyed the privilege of leading the party, he needs to devote more time to his growing law practice. “I’ve enjoyed it. I’ve tried to reach out and let Democrats know they are welcome to participate in local party politics. But being chairman of a political party is a whole lot more work than people think. I’ve been in for three terms and I think that’s a pretty good run but my law practice is growing and for the time being I need to spend more time at work. But I’ll be around if they need me,” Judkins told WJLE.
While he is pleased that Democrats still hold most public offices in DeKalb County, Judkins said he would like to see the party have more success on the state level. “In my time we have tried to focus on the state and local party and especially on local county candidates. Fortunately, the party still has a stronghold on the majority of DeKalb County offices. The local and state offices are where I would like to see the local party continue to put efforts in. We’re still running good here in the county but certainly we would like to have the state legislature back,” he said.
Judkins also points to passage of state legislation repealing an antiquated law on the selection of local party leaders as perhaps the most significant achievement during his tenure as chairman. “In 1949 the legislature passed a private act and what that said was the DeKalb County Democratic Party Executive Committee had to consist of 40 members and those members had to run from districts, many of which today no longer exist, and they had to run every two years. Before that act was repealed if you wanted to serve on the executive committee, which is like our board of directors, you had to go to the election commission and get a petition to run. The problem we had with that is sometimes we could not find people to run. But when we could, your name would be placed on a ballot and voters voting in the Tennessee Democratic statewide primary would elect you. We certainly had problems with that so we received an Attorney General opinion and he stated that the legislature cannot tell a political party how they should choose their leaders. During the last session, the state legislature repealed that old private act. They overturned it. It was a great showing of bipartisan cooperation because it was done so unanimously or very close to being a unanimous vote in both houses. Essentially what that means is that we can now caucus instead of being required to have countywide elections to elect our leaders. That’s what we’re doing on March 21. We’ll be having a re-organization convention and we’ll be caucusing and choosing our new executive committee members and the new officers of the party, ” said Judkins.
Judkins is among six people who have served as chairperson of the DeKalb County Democratic Party over the last century. The others were Tom Webb, Ed Fuqua, M.T. Puckett, Fay Fuqua, and Judkins’ grandfather McAllen Foutch.
And like his grandfather, who once served in political office as a state legislator and was Speaker of the Tennessee House of Representatives, Judkins would also like to have a career in politics someday. “I definitely have aspirations to seek political office at some point in the future,” he said.
The Biennial Re-organizational Convention to elect new DeKalb Democratic Party leaders will be Saturday, March 21 at 10 a.m. The meeting will take place at the DeKalb County Courthouse.
Local Democrats will elect a new Chairperson, Vice Chairperson(s), Secretary, Treasurer, and the executive Committee for DeKalb County for a two-year term.
Members will also discuss the party’s agenda and events for 2015. This meeting will be open for all attendees to express their ideas and thoughts about the future.
All Democratic residents who are eligible voters of DeKalb County are urged to attend.
For more information, contact Chairman Jim Judkins at 615-597-9777.

Several months after reducing the daily operating hours in a cost saving measure, the U.S. Postal Service has announced plans to tinker with the schedule again at the Dowelltown and Liberty Post Offices, effective Saturday March 21.
This time the move is being done not to further reduce retail window hours but to adjust them to comply with recent updates to collective bargaining agreements, according to David Walton spokesman for the Tennessee District of the U.S. Postal Service. The Smithville and Alexandria Post Offices will not be affected.
“The Dowelltown and Liberty Post Offices are adjusting their hours because of recent updates to our collective bargaining agreements and transportation network changes,” Walton told WJLE.
Still, postal customers might find these new hours less convenient for them.
Notices have been posted at both locations but no public hearings will be held this time. “Public meetings were held when we reduced hours at these offices. However, in this case we’re not reducing any hours, only making minor adjustments to the current retail hours,” said Walton.
New hours effective March 21:
Dowelltown Post Office
8:00 a.m. to 11:30 and 12:30 to 3:00 p.m. Monday thru Friday (Currently morning hours are 8-11 a.m. and afternoon hours are 12:30- 3:30 p.m.)
8:00 to 10:45 a.m. Saturday (no change)
Liberty Post Office
7:45 to 11:30 a.m. and 12:30 to 2:45 p.m. Monday thru Friday (Currently afternoon hours are 1:30 p.m.-3:45 p.m. Monday-Friday)
7:45 to 10:45 a.m. Saturday (no change)
Last year the Postal Service changed both the Dowelltown and Liberty Post Offices from a full eight hours to six hours a day at the retail windows with no change in Saturday hours. A similar plan was enacted earlier at the Alexandria Post Office.

The DeKalb County Volunteer Fire Department will be hosting a benefit spaghetti dinner and silent auction for the family of two year old Kayden Ray Fults, who died Sunday after apparently suffering an injury in a fall from a bunk bed at his Smithville home. The child was taken to DeKalb Community Hospital where he passed away.
Fults is the son of Mark Johnson, a DeKalb County Firefighter from the Short Mountain Station, and Kaycie Lynn Fults.
Funds raised from this benefit will help with the funeral expenses.
The event is set for Saturday, March 21 from 4:30 p.m. until 7:30 p.m. at the DeKalb County Complex at 712 South Congress Boulevard. The price is $6.00 at the door or tickets may be purchased in advance for $5.00 each. Any and all donations including items for the silent auction will be accepted and greatly appreciated. Dinner will include spaghetti, salad, bread, drink, and dessert of your choice.
All proceeds collected will go directly towards paying for funeral expenses.
If you would like to make a monetary donation, please send a check or money order to: Woodbury Funeral Home, 504 W. Main St, Woodbury, TN. 37190. Please make sure to note in the memo that donation goes to Kayden Ray Fults funeral expenses.
For more information or tickets please contact: Robin Summers (615-605-9783) or Chief Donny Green (615-464-7176)
In addition to his parents, Kayden is survived by siblings: Landon & Adrian Fults, Karlee & Joshua Johnson, Brooklyn Barnes all of Smithville; Grandparents: Jacky Fults of Smithville, Melissa Foster (Kenny) Young of Shelbyville, Kathy Johnson (Rick Hindsley) of Smithville; Great Grandparents: Viola Foster of Woodbury; Martha Fults of Smithville; Carmine Bain of Dowelltown; Special Cousins: Matt, Angie, Jacob & Emma Campbell of Woodbury; Uncles and Aunts: Cody & Tyler Fults of Shelbyville, Mary Johnson of Woodbury, Fairy Johnson of Smithville and Angela Ferrell; Cousin: Bridget Fults.
He was preceded in death by his grandfather, Bobby Johnson and great grandfather, Roy Fults and Max Foster.
Funeral Services will be 2 pm Friday at the Chapel of Woodbury Funeral Home with Bro. Greg Mitchell officiating. Interment will follow in the Hale Cemetery. Visitation with the family will be from 4 pm to 8 pm Thursday. In lieu of flowers, donations may be made to Woodbury Funeral Home to help the family with funeral expenses.

For three decades the U.S. Army Corps of Engineers has contracted with and compensated the county to provide extra sheriff’s department patrols at designated lake sites during the summer.
The Corps is proposing to continue the partnership this year but Sheriff Patrick Ray is concerned that the number of patrols and rate of compensation has been dropping over the last couple of years.
Sheriff Ray met with the county commissioners in an All-Committees workshop on Thursday, February 19 and with the commission’s emergency services committee Monday night, March 2 to discuss the issue further.
According to Sheriff Ray, while no contract has yet been presented for approval by the commission, the Corps is proposing 219 patrol periods this year from May 4 through September 7 which includes five lake sites. The county would receive a total of $35,040 to provide the service. That is down from the 229 patrol periods in 2014 and 236 in the year 2013. The Corps rate of compensation to the county has also declined going from $37,760 in 2013 to $36,640 last year.
“The last two years we’ve lost about $2,720 because of them reducing the amount of days (patrol periods) but salaries and gas have gone up. We get $32 per place (lake site) we go to and it’s 68.5 miles from the jail to run them all and right back. So like in this year’s budget if we thought we were going to get $36,640 we’re not going to get that this year we’ll get $35,040, that’s $1600 difference,” said Sheriff Ray.
The sheriff’s department must only use full time POST certified officers to conduct the patrols during designated time periods specified by the contract.
During Monday night’s meeting the emergency services committee recommended that Sheriff Ray ask the Corps to increase the rate of compensation from $32 to $40.50 per lake site in the proposed new contract which would be $202.50 per patrol period or $44,347 for the year.

The City of Smithville is expected to receive a report soon from a North Carolina company which is doing another water cost study.
City officials want more up to date figures on how much it costs to produce water so they can determine whether another rate increase to the DeKalb Utility District is justified.
“I talked to the firm out of Charlotte, North Carolina who is doing our water rate study. I think they are about done. He’s got a verbal report but not a numerical report. I’ve been waiting for a couple of months so hopefully we’ll know here by the next meeting what they have assessed our water rates (to be). Then we can assess our situation,” said City Administrator Hunter Hendrixson during Monday night’s meeting of the Mayor and Board of Aldermen.
In January, 2014, the city increased the rate it charged the DUD to purchase water to $5.00 per thousand gallons. But DUD challenged the increase in Chancery Court and during a hearing a year ago in Cookeville, Chancellor Ronald Thurman ordered the city to reduce the water rate to the DeKalb Utility District from $5.00 to $2.67 per thousand gallons, which a 2013 water study found to be the city’s actual cost to produce water at that time.
Chancellor Thurman granted a DUD motion for a temporary injunction barring the city from continuing to impose its $5.00 rate until the city gives proper notice to DUD and justification for raising the rate above $2.67 per thousand gallons. The rate has remained in place since that ruling.
But according to Hendrixson, the DUD has made an adjustment in minimum usage to its own customers. “I’ve been asked if we have raised our water rates, which we have not (raised rates) to our city customers and not to DUD since about a year ago whenever the judge (made his ruling).
I think there has been some confusion. I don’t think they (DUD) have raised their water rates but they (DUD) lowered their minimum from 2,000 gallons to 1,500 gallons. It’s a rate adjustment without raising the rates,” he said.
Meanwhile, DUD is still pursuing plans to build its own water treatment plant and will apparently continue to purchase water from the City of Smithville until it can produce its own supply. “Concerning DUD, I have been asked several times in the last month or two where they’re at. I have no idea. I know they have not broken ground. They are still purchasing (water) from the City of Smithville and they probably will be for a while,” said Hendrixson.

A 32 year old man who stood trial last summer and was convicted of raping an eight year old boy was denied a motion for a new trial in DeKalb County Criminal Court Friday.
Jose Reyes is serving a 32 year prison term. He was accused of raping the boy between November 2012 and March 2013.
The trial was held on Tuesday, July 1, 2014 in DeKalb County Criminal Court and it took the jury of six men and six women only half an hour to find Reyes guilty of the crime.
According to prosecutors in the case, Reyes was a trusted friend of the boy and his family prior to this incident and he had been renting a room in the home of the child’s aunt. That is where the crime is alleged to have occurred.
Judge David Patterson held a hearing on the motion for a new trial Friday.
Representing Reyes, Assistant District Public Defender Allison Rasbury West argued Friday that her client is entitled to a new trial. In her motion filed with the court, West cited the following factors:
*The evidence introduced at trial was insufficient to convict Mr. Reyes of the offense of rape of a child.
*The trial court erred in denying Mr. Reyes’s “Motion to Continue the Trial Date” in order to continue to attempt to locate a defense witness
* The trial court erred in denying Mr. Reyes’s motion in limine, requesting that the Defendant’s written statement be excluded at trial because it is irrelevant
* The trial court erred in denying Mr. Reyes’s motion in limine, requesting that the use of the Child Advocacy Center dog be prohibited. (The dog was allowed in the courtroom during the testimony of the victim to make him feel more at ease)
* The trial court erred in denying Mr. Reyes’s motion to suppress the written statement in this case.
*The trial court erred by sentencing Mr. Reyes to 32 years instead of the minimum 25 years in this case.
*The trial court improperly overruled the defendant’s motion to dismiss the indictment in this case based on a superseding indictment changing the date (s) of offense and therefore denying the defendant sufficient notice of which date(s) he should be prepared to defend against.
*The trial court erred by denying the defendant’s motion in limine to exclude any mention of the defendant having sexual relations or watching pornography in the presence of the alleged victim
*The trial court erred by denying the defendant’s motion for judgment of acquittal; and
*The trial court erred by considering a victim’s statement introduced at the sentencing hearing that included references to HIV, herpes, and gonorrhea, when no evidence of such diseases was presented at trial.
In response to the motion for a new trial, Assistant District Attorney Greg Strong, stated the following:
*Evidence introduced at trial was entirely sufficient to convict the Defendant of Rape of a Child. The jury found the proof sufficient, and the verdict was approved by this court.
*The Court did not err in denying the Defendant’s Motion to Continue. At the time of the trial, this case had been open for well over one year, and as such the Defendant had sufficient time, through the use of an investigator, to locate and subpoena all necessary witnesses.
*The Defendant’s written statement acknowledged his role in the perpetration of this offense, and was wholly relevant in the trial of this matter. The Court made no error in this ruling.
*The Court made no error in allowing the use of the dog belonging to the Child Advocacy Center. The Court gave a specific instruction to the jury pertaining to the dog, and was clear with both the Defendant and jury that the dog was available for use by any party throughout the trial.
*No error was made as related to the Defendant’s statement.
*A sentence of 32 years was appropriate in this case, given the enhancement factors the Court found applicable.
*The Court’s denial of the Defendant’s Motion to Dismiss was proper. The State superseded the original indictment to include a date range, rather than a specific date, and this in no way prejudiced the Defendant.
*The Court’s denial of the Defendant’s Motion to Exclude Testimony was proper. The Court made findings in the record to support this ruling, and found that the probative value of this testimony outweighed potential unfair prejudice.
*The Court properly denied the Defendant’s Motion for Judgment of Acquittal. Viewing the proof at trial in a light most favorable to the State, this ruling was proper.
* The Court made no error in considering statements made at the sentencing of the Defendant.
West is expected to file a notice of appeal on behalf of Reyes.

The DeKalb County Sheriff’s Department arrested a man last week wanted in Missouri.
35 year old George William Rogers, II of Potts Camp Road, Smithville is charged with being a fugitive from Justice. His bond is $25,000 and he will be in court March 5. Sheriff Patrick Ray said that on Saturday, February 28 Rogers was arrested on a warrant from Missouri for violation of probation. He will be extradited to Missouri.
55 year old Daniel Ray Anderson of Dry Creek Road, Smithville is charged with two counts of a fourth offense of driving on a suspended license. He was further issued a citation for violation of the registration law, violation of the financial responsibility law, and for not wearing a seatbelt. His bond totals $12,500 and he will be in court March 12.
Sheriff Ray said that on Monday, February 23, a deputy spotted Anderson driving a motor vehicle. Knowing that Anderson had prior warrants against him, the officer stopped his automobile. A computer check confirmed his license were suspended. He was placed under arrest and brought to the jail for booking. Anderson has three previous driving on suspended charges against him on August 30, 2011, June 22, 2009, and November 26, 2006.
In the other DSL case against Anderson, Sheriff Ray said that on May 5, 2014 a deputy was dispatched to a two vehicle crash on Blue Springs Road. Upon arrival, the officer spoke with Anderson, who was apparently involved in the accident. The deputy checked his license and found them to be suspended for failure to satisfy a citation in Putnam County on May 3, 2001. Anderson left the scene of the accident before the officer could take him into custody.
23 year old Travis Joe Davenport of Eagle Creek Road, Smithville is charged with driving on a revoked license. His bond is $1,500 and he will be in court May 21. He was further issued a citation for his vehicle having a brake light out. Sheriff Ray said that on Monday, February 23 a deputy stopped a gray Jeep traveling on Highway 56 south for a traffic violation (brake light out). The officer spoke with the driver, Davenport who admitted he did not have a valid license. A computer check confirmed that his drivers license were revoked on April 17, 2014 for failure to satisfy fines in a criminal offense in Warren County. He was placed under arrest.
47 year old Bobby Dean Porterfield of Richland Road, Murfreesboro is charged with a fourth offense of driving on a revoked license. He was further issued a citation for violation of the responsibility law (no insurance) and a violation of the light law. His bond is $6,000 and he will be in court March 12. Sheriff Ray said that on Monday, February 23 a deputy stopped Porterfield’s vehicle on Highway 70 for having a tail light out. While speaking with the officer, Porterfield admitted that he did not have a drivers license. A computer check revealed that Porterfield had at least three previous charges for driving on a revoked license.
48 year old Paul Jerome Grizzle of Sugar Tree Knob Road, Liberty is charged with domestic assault. His bond is $1,500. Sheriff Ray said that on Tuesday, February 24 a deputy was dispatched to Short Mountain Highway in response to a domestic assault. Upon arrival, the officer spoke with a woman who said that her boyfriend, Grizzle became intoxicated and violent. She claims Grizzle pushed her over a chair in the living room, pushed her into the railing on the porch outside, and then pushed her into the corner of a building while she was trying to get help. The woman said she was afraid that Grizzle might assault her again after the officer left. Grizzle was placed under arrest.
49 year old James Bertland Blankenship, III of McMinnville is charged with simple possession of a schedule II drug dilaudid. His bond is $1,500 and he will be in court March 5. Sheriff Ray said that on Thursday, February 26 a sheriff’s department detective went to Banks Pisgah Road to serve a warrant. While there, the officer spoke with Blankenship who consented to a search of his person and vehicle. Inside Blankenship’s pants pocket, the detective found three hypodermic needles. Blankenship also had a small plastic baggie in another pocket containing three and a half dilaudid pills. He was placed under arrest. Meanwhile, 44 year old Jefry Vincent Overall of McMinnville was cited for simple possession of a schedule II drug (morphine) arising from the same incident. He will be in court March 5. According to Sheriff Ray, Overall was in a vehicle which was searched. Found inside the automobile was a pill bottle bearing Overall’s name. The bottle contained one morphine fifteen milligram pill and two oxycodone thirty milligram pills. Overall could not produce a prescription for the pills at the time.
20 year old McKay Lindon Gray of Antioch Road, Smithville is charged with a second offense of driving on a revoked license. His bond is $3,000 and he will be in court April 16. Sheriff Ray said that on Thursday, February 26 a deputy saw Gray operating a motor vehicle. Knowing that Gray’s license were revoked, the officer stopped his automobile. A computer check confirmed that Gray’s license were revoked for a DUI in 2013. Gray had also been cited twice that year, once for driving on a suspended license and driving on a revoked license. He was placed under arrest.