Rutherford County Voters will soon head to the polls to vote in primaries for Tennessee House and Senate and U.S. House seats, Rutherford County and Murfreesboro School Board positions, Murfreesboro City Council seats (with only three candidates, Bill Shacklett, Eddie Smotherman and Kirt Wade, running for three open positions), and other contests.

Additionally, a new criminal judgeship will be created, to be known as General Sessions Part IV, and nine candidates are running to fill an eight-year term in this capacity.

With Election Day coming up Aug. 4, early voting begins July 15. For more information on local elections, visit election.rutherfordcountytn.gov.

The candidates for General Sessions Part IV judge took some time to share some information about themselves and their views with the readers of the Murfreesboro Pulse:

Lisa Bell

Tell me a little about your career working in the justice system.
I was a private attorney for six years where my practice focused on workers compensation cases, probate administration and estate planning as well as personal injury matters. In 2006, I was hired to work for the General Sessions Part III Judge as a Court Coordinator. For the past 10 years, I have had hands-on experience in the courtroom assisting the judge with civil, criminal and mental health matters. I have also had the opportunity to be appointed to sit as a Special Judge and hear cases on numerous occasions.

Why should the voters of Rutherford County select you to fill this new judge’s position?
This has been my goal since I was 16 years old. My education and legal experience have prepared me to be the next judge. I am excited for the opportunity to give back to my community which has given so much to me and my family. I will bring balance and the right temperament to the court because I’ve spent more time serving directly in the courtroom than any other candidate.

What is the top thing that needs to be changed or improved with the criminal justice system in the U.S.?
There should be a more direct focus on mental health issues. There are often times that inmates are in legitimate need of psychological care, but instead simply contribute to the overcrowding of our jails. Over the last 10 years I have been directly involved with our current mental health court proceedings which uniquely qualifies me to address this issue beginning on day one.

What is the best thing about the U.S. criminal justice system?
While our system is not perfect by any means, it allows for numerous checks and balances beginning at the time of investigation all the way through to a verdict. Regardless of background, all citizens have the same rights and responsibilities. This is something that few legal systems in other countries provide and I’m proud to be a part of our legal system.

What are your thoughts on the recent lawsuit filed against Providence Community Corrections, Rutherford County’s former probation services provider, alleging the organization extorted money from indigent misdemeanor probationers “through a pattern of illegal and shocking behavior.”
As a judicial candidate, our Code of Judicial Conduct and Ethics considers it inappropriate for any judge or judicial candidate to comment on pending litigation.

How do you balance punishing someone who has broken the law and providing them with the tools they need to improve their life and to become all they can be in our society?
Two of the primary tenants of the criminal justice system are punishment and rehabilitation. While someone’s debt to society needs to be paid, society as a whole can only benefit from helping someone who is willing to learn from prior mistakes and equip themselves to become someone that contributes to society in a positive way.

Jeffrey L. Peach

Tell me a little about your career working in the justice system.
I started my law enforcement career at Rutherford County Sheriff’s Office and worked in the jail for the first year. I continued as a patrol deputy and eventually became the first full-time DARE officer for the Sheriff’s Department. In 1996, I began working for Smyrna Police, where I volunteered for the SWAT team, arson investigation, to serve as the designated local U.S. Customs Agent, to be the only Neighborhood Watch program coordinator and then was subsequently was promoted to detective in 1998, where I remained until my retirement. In 2008, after attending law school while simultaneously working as a detective, I started practicing law in the Smyrna Town Attorney’s Office, consequently becoming the Town Attorney. In addition to representing the municipality in all of its legal affairs, I also mediate family law cases as a Supreme Court Rule 31 Mediator.

Why should the voters of Rutherford County select you to fill this new judge’s position?
My experience spans more than just inside the courtroom; I have an understanding of not only what should transpire inside the walls of the courthouse, but also what propels victims and defendants into court, as well as what ramifications exist after a court decision. I have spent time at the plaintiff/prosecutor’s table, the defense table for pro bono cases and also in the witness chair as a detective. In my opinion, experience is more important when it encompasses more than one viewpoint, because it allows me to appreciate what is expected from all court participants and to have actually experienced what they are by appearing before the court. I will make a positive impact . . . by making the community safer and successful.

What is the top thing that needs to be changed or improved with the criminal justice system in the U.S.?
Addressing recidivism. There are a plethora of reasons men and women find themselves in the criminal justice system and while I believe the first key factor is self-accountability for one’s actions, are we concentrating enough on the cause versus the cure; to me, that is the pivotal issue.

What is the best thing about the U.S. criminal justice system?
While our system may not be perfect, the ability to present your case before a group of citizens instead of a government tribunal allows the person to choose their peers to find for guilt or innocence beyond a reasonable doubt, and in many countries, this opportunity either doesn’t exist or it is severely restrictive.

What are your thoughts on the recent lawsuit filed against Providence Community Corrections, Rutherford County’s former probation services provider, alleging the organization extorted money from indigent misdemeanor probationers “through a pattern of illegal and shocking behavior.”
As a judicial candidate for judge, it would be inappropriate for me to comment upon an active case before the United States District Court. Obviously, in general terms outside of this particular case, I do believe all officers of the court are expected and required to act narrowly within the law.

How do you balance punishing someone who has broken the law and providing them with the tools they need to improve their life and to become all they can be in our society?
This is the reasoning behind alternative sentencing, which can provide the offender with a mechanism to make positive choices and to utilize the resources that are available while avoiding the traditional jail sentence. Just as I mentioned previously, however, the person must choose to accept personal accountability for their actions and then actually use those resources offered, before they can move forward successfully.

Lisa Eischeid

Tell me a little about your career working in the justice system.
I graduated from the University of Tennessee College of Law and received my Doctorate of Jurisprudence in 1992. I immediately obtained my law license and began my practice as a litigation attorney in the fields of civil and criminal law with David Kious and his firm. I then opened my own office on the Murfreesboro square and continued my practice in the civil and criminal arenas in 1998 and then associated with Judge Mark Rogers until 2004. In 2004, I opened Eischeid Law Office and have continued my practice in the criminal and civil areas of law. For the last 24 years I have assisted the Rutherford County General Sessions Court as Substitute Judge and I have also assisted the City of Murfreesboro as Substitute Judge.

Why should the voters of Rutherford County select you to fill this new judge’s position?
I have 24 years of experience representing thousands of Rutherford County residents in all areas of law. I have worked with most of the attorneys in Rutherford County and have presented cases in front of all the judges. I have handled a variety of cases with our District Attorney and his assistants. This actual experience gives me the tools I need to serve as a judge and also the judicial temperament necessary while on the bench.

What is the top thing that needs to be changed or improved with the criminal justice system in the U.S.?
There needs to be a system for misdemeanor nonviolent offenders to get out of jail (public drunk etc.) and not be housed by our county jail because they cannot make bond. I know currently our judiciary along with the county mayor’s office and other members are meeting to work on a release program which will help in this situation. We also have a population in the jail that is mentally ill and even when released are not getting the services necessary to make them law abiding citizens. Rutherford County has to work on these problems to stop our overcrowding in the jail.

What is the best thing about the U.S. criminal justice system?
We actually have a criminal justice system that ultimately allows a jury of unbiased citizens to make a determination of one’s guilt or innocence.

What are your thoughts on the recent lawsuit filed against Providence Community Corrections, Rutherford County’s former probation services provider, alleging the organization extorted money from indigent misdemeanor probationers “through a pattern of illegal and shocking behavior.”
When you have a third-party for-profit company they are not looking at the actual probationer and trying to assist in getting them off supervised probation and out of the system. That company was really interested in keeping the probationers on probation to continue to collect fees and profits for the company. I am glad Murfreesboro decided to incorporate a supervised probation service that is actually helping the probationers and the county by not housing violators in our jail for nonpayment of probation fees.

How do you balance punishing someone who has broken the law and providing them with the tools they need to improve their life and to become all they can be in our society?
You have to look at each crime committed and then apply the law as written. I would also incorporate certain services for that defendant to assist with why this criminal behavior occurred. Our court system has started a Veterans court and the Mental Health Court which is solving some problems.

Andrae Crismon

Tell me a little about your career working in the justice system.
I have been an attorney for nearly 12 years with the last nine of these years working with Legal Aid Society. Our public interest law firm provides free, civil legal assistance to persons with low incomes, persons with disabilities, and seniors. I have tried divorces, orders of protection, housing evictions and/or debt collection cases in at least 13 different counties in Middle Tennessee, including Rutherford. I also have extensive experience handling administrative appeals ranging from TennCare to Social Security disability matters.

Why should the voters of Rutherford County select you to fill this new judge’s position?
I believe I possess the character, temperament, knowledge and humility that will make me a good judge. I will fairly apply the law and treat every person before me with courtesy and respect. However, my candidacy is different because I see a vision for how this judicial seat can make an impact on our local criminal justice system. Having spent the last two years teaching males incarcerated at the Rutherford County Correctional Work Center some basic principles of landlord/tenant law, my eyes have been opened to the deep hole that many of these men and women will face once they are released. In Tennessee, roughly 46 percent of persons who are currently incarcerated are expected to return back to the criminal justice system within three years. They will need to secure employment, locate housing and find some way to pay back probation fees. Not to mention the good fortune many of them will need trying to secure these resources without transportation because they lost their driving privileges. Rutherford County does not currently have an organized, whole-cloth approach to help equip men and women that are released so that they avoid becoming re-offenders. I will work with government leaders, the private sector, non-profit agencies and the faith-based community to bring together housing, employment, and drug counseling resources to give persons released from jail or prison a better choice than returning to the criminal justice system.

What is the top thing that needs to be changed or improved with the criminal justice system in the U.S.?
Fairness in sentencing. A person’s gender, race, socioeconomic status or sexual orientation should not play a part in the sentence they receive for violating the law. Unfortunately, due in part to the defendant’s socioeconomic status, we witnessed a grave miscarriage of justice in the Stanford rape case.

What is the best thing about the U.S. criminal justice system?
I would say the men and women, from the court clerks to the officers in uniform that go to work every day, give their all, and perform their responsibilities with excellence without prejudice or bias.

What are your thoughts on the recent lawsuit filed against Providence Community Corrections, Rutherford County’s former probation services provider, alleging the organization extorted money from indigent misdemeanor probationers “through a pattern of illegal and shocking behavior.”
It is still a very embarrassing situation. As a public interest lawyer, when I inform people I live in Rutherford County, whether at legal conferences, or when visiting different cities, people reference this lawsuit. I in no way condone the underlying criminal act that may ultimately lead a person to be put on probation. Yet, this lawsuit caught our government either unaware or ignoring an unscrupulous vendor that in certain circumstances kicked probationers who were already down.

How do you balance punishing someone who has broken the law and providing them with the tools they need to improve their life and to become all they can be in our society?
As a rule, the law has to be applied to the facts of the case. However, where the facts of the case and the applicable law allow reviewing the surrounding circumstances, exercising discretion is appropriate. If we can develop a comprehensive re-entry strategy for our county, hopefully persons who offend, upon release, will have options to get back on their feet.

Kirk Catron

Tell me a little about your career working in the justice system.
I have been an attorney for almost 12 years, mainly focusing my practice on criminal defense. I am one of only two candidates that can say they are in the court in which this judgeship will serve on a near daily basis. At times when our judges have been unavailable I have been asked to sit as a special judge for the General Session Court and the City Court of La Vergne.

Why should the voters of Rutherford County select you to fill this new judge’s position?
One of my passions is community outreach. I want to utilize this passion to remove the negative stigma of the judicial system that has long been prevalent and recently come to the forefront. I would like to implement a program to bring in students to see that there is more to court than just feeling like they are a target. With the recent events of our youths being arrested, they likely will not have a positive view of the court system. I would like to develop programs that these individuals can come to court or work with local attorneys in a job shadow-type atmosphere to see that the court system is there to help. We make a living by what we get, but we make a life by what we give.

What is the top thing that needs to be changed or improved with the criminal justice system in the U.S.?
It would be difficult to single out one issue to change with the criminal justice system in the U.S. I am a huge advocate of education and communication. Our country as a whole does a poor job educating and communicating with our citizens about the law. This has led to our citizens feeling alienated by the justice system. I do believe our justice system could improve by operating more efficiently at all levels. Locally, the efficiency of the court must improve. For example, waste of time and expenses of our local enforcement, defendants court personal and victims. As judge I would work directly with law enforcement, the court clerks office, the District Attorneys, Public Defenders and the private attorneys to streamline the judicial process creating a cost effective and competent efficiency. The wait time in court is too long. Our current judges have not had the luxury of another judge to be able to assist with their dockets. This causes law enforcement and the general public to sometimes wait for hours to have their cases heard. By waiting for cases to be heard, victims and defendants are missing work, family time or a much needed paycheck. Our law enforcement officers are taken off the street or are having to stay long after their shift or come in long before their shifts to deal with cases. When elected it is my goal to handle the docket before me and then immediately assist the current judges with their dockets in order to help reduce wait times. I am also a firm believer that the people who know best how to operate efficiently are the individuals that are there the most often. I want to meet with these groups and get their input on ideas that can be used to streamline the process and help make the court process run more efficiently. I will work to clean up the probation system and run an efficient and friendly court environment, while also providing a fair but tough atmosphere for those that break the laws of our state. Cooperation and teamwork are paramount to running a fair but efficient judicial system. Growing up as an athlete and now as an active member of the Blue Raider Athletic Association, I understand and believe in teamwork and cooperation. I believe I have been blessed with the team-first attitude that will help our judicial system run efficiently for all of Rutherford County.

What is the best thing about the U.S. criminal justice system?
The Constitution—we are blessed to have a guiding document to help our citizens be treated fairly and given their day in court. Though there is certainly room for improvement with communicating and educating, we have a base to operate from. We just need our leaders to come through for us. I believe I can do this. I often tell my clients that our justice system is not perfect, but it is the best in the world.

What are your thoughts on the recent lawsuit filed against Providence Community Corrections, Rutherford County’s former probation services provider, alleging the organization extorted money from indigent misdemeanor probationers “through a pattern of illegal and shocking behavior.”
The former probation system in Rutherford County had been a problem for years. It continually let our citizens down. It became a money-making mechanism for the private company and ultimately greed took over.

How do you balance punishing someone who has broken the law and providing them with the tools they need to improve their life and to become all they can be in our society?
I believe the key is trying to find a balance between punishment and treatment. There are individuals who are just bad people and they need to be punished to the utmost extent. There are more individuals that just need help. Maybe it’s substance abuse or mental disabilities. These individuals need to be treated differently until it is proven that they cannot be helped. One issue I have with the current system is that individuals are being drug tested for non-drug-related offenses. I believe this should stop. Someone convicted of driving on a revoked license with no indication that a drug crime has occurred should not be tested. It is costing our citizens money. This money could be used to pay off fines and fees to obtain their driving privileges. I also believe that rather than sending an individual to probation when only fees are owed, they should be sent through the clerk’s office to work out a payment plan so that they can avoid monthly fees.

Larry Brandon

Tell me a little about your career working in the justice system.
From 1980 to 2006, I operated a solo practice in Murfreesboro. During those 26 years, I handled hundreds of civil cases and hundreds of criminal cases too, ranging from simple misdemeanors to robberies, rapes, and double capital murders. This 26 years of experience gave me the opportunity to participate at every stage as an attorney in legal systems in all counties in Middle Tennessee and also in Florida, Ohio, California and Georgia. My experience has allowed me to view every aspect of the civil and criminal practice. I have seen what does not and what does work.

Why should the voters of Rutherford County select you to fill this new judge’s position?
The voters should elect me because I am the most experienced candidate and the only candidate with eight years of judicial experience. The new judge will be charged with at least establishing a new court. I have successfully accomplished this as the first judge to establish General Sessions, Part III and its civil court, probate court and mental health court. This court functions well today using my rules, procedures and staff. The new court will be charged with controlling jail population. The new judge must establish policies and procedures to move the jail population from 900 closer to 500, which it was designed for, while at the same time balancing punishment with the necessary rehabilitation and the protection of law-abiding citizens. The new judge will be charged with establishing new procedures to constitutionally assure that persons placed on probation complete all requirements of probation including the payment of costs and fees.

What is the top thing that needs to be changed or improved with the criminal justice system in the U.S.?
The high cost to house inmates creates a burden on the taxpayers. Added to this is the continued privatization of prisons; a system in which states are required to guarantee a certain percentage of filled beds or pay regardless, encourages inmate population growth. This is all to the detriment of the hardworking taxpayers.

What is the best thing about the U.S. criminal justice system?
The U.S. criminal justice system requires all parties who participate in the system to zealously seek a true and just result. A person wrongfully accused can expect all arms of the law to attempt to discover and disclose facts which prove innocence as well as guilt. This duty continues even after a finding of guilt—as evidenced by the application of new DNA technology which often proves the innocence of people incarcerated for long periods of time.

What are your thoughts on the recent lawsuit filed against Providence Community Corrections, Rutherford County’s former probation services provider, alleging the organization extorted money from indigent misdemeanor probationers “through a pattern of illegal and shocking behavior.”
Rutherford County is a named defendant in the federal lawsuit. As a former judge for Rutherford County for General Sessions Part III for eight years and (when successful) future judge for General Sessions Part IV, it is inappropriate to comment on the appropriate resolution of a pending matter, especially when you will be guided by the court’s decision.

I will say the federal court interprets state law to preclude our judges from arresting and jailing probationers who are unable to pay fees and costs—as compared to probationers who are unwilling to pay fees and costs. The court has suggested in its ruling that each probationers’ facts are to be individually considered to decide if any arrest for probation which is appropriate and then and if bond to be set if an arrest is appropriate. My job as a General Sessions Judge is not to second guess the federal judge’s current ruling, but to adhere to the court’s decision, and I will be more than happy to develop policies and procedures to follow the law.

How do you balance punishing someone who has broken the law and providing them with the tools they need to improve their life and to become all they can be in our society?
The misdemeanor criminal court system often appears to be more interested in money than in rehabilitation because rehabilitation costs money. Rehabilitation is like any other form of education—it needs to be considered an investment. Some people just need to be incarcerated and punished. Others could have their punishment combined with a program of education and employment skills. It is the latter who after successful completion of their program and serving their time for their crime can become productive taxpaying citizens in our county.

Tom Frost

Tell me a little about your career working in the justice system.
I graduated in 1973 from East Tennessee State University and received my Doctor of Jurisprudence from the University of Tennessee College of Law in 1976. I have 39 years of experience in practicing law. I began the practice of law in Kingsport, Tenn., in the areas of criminal defense, personal injury, bankruptcy and domestic relations. After four years, I began work in a firm in Bristol, Tenn., in mainly corporate/commercial law with an emphasis in construction law. In 1986, I moved to Murfreesboro because of the economy. I continued in corporate, commercial and construction law. All of this involved heavy emphasis in litigation in various court rooms. In 2001, I became an Assistant Public Defender and was assigned to General Sessions Court for 10 years, representing thousands of persons accused of crimes. From 2011 until the present, I have been associated in the firm of Drake Drake and Frost involved mainly in criminal defense work in General Sessions and Circuit courts.

I have been involved in 90 jury trials, including three in the last year. I have been involved in trials in 11 states and in 38 counties of Tennessee.

I am a member of the Tennessee Bar Association and the Rutherford/Cannon County Bar Association. I am licensed in all Tennessee State Courts, the Eastern District of Tennessee Federal Court, the Middle District of Tennessee Federal Court and the United States Court of Federal Claims.

Why should the voters of Rutherford County select you to fill this new judge’s position?
It takes knowledge and experience to be an effective judge. I have the legal knowledge of law school and almost four decades of real experience in various court rooms before many different judges. I am able to properly assess all of those judges, both state and federal, to pick out the best qualities and methods to use.

I have been extensively involved in the General Sessions Court for Rutherford County for many years. I have sat as a Special Judge in the General Sessions Court on several occasions including days at the Rutherford County Jail. This particular judgeship is being established to deal mainly with the jail and I am familiar with that situation. I have the knowledge of substantive criminal law, procedural criminal law, evidentiary law, and the customs of General Sessions Court and the jail.

What is the top thing that needs to be changed or improved with the criminal justice system in the U.S.?
The establishment of this judgeship to deal with the present Rutherford County Jail situation was the first thing needed to improve our local criminal justice system. Cases simply need to move faster through our system. Having a person in the justice system who is knowledgeable and experienced will provide a substantial improvement.

What is the best thing about the U.S. criminal justice system?
The best thing about our system is guidance by the Bill of Rights of the U.S Constitution and the “Declaration of Rights” section of the Tennessee Constitution. This assures that all persons are afforded a fair and public proceeding if accused of a crime.

What are your thoughts on the recent lawsuit filed against Providence Community Corrections, Rutherford County’s former probation services provider, alleging the organization extorted money from indigent misdemeanor probationers “through a pattern of illegal and shocking behavior.”
All persons who are judges or a candidates for judge in Tennessee are subject to, and governed by, the Code of Judicial Conduct contained in the Rules of the Supreme Court. Rule 10, Canon 4.1 (12) specifically forbids “any statement that could reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court.”

For that reason, I do not feel it appropriate to respond to this question.

How do you balance punishing someone who has broken the law and providing them with the tools they need to improve their life and to become all they can be in our society?
A perfect balance of this cannot be achieved by the actions of any one judge. I would, however, entertain suggestions of programs such as our present “Recovery Courts” used for the intensive and extensive treatment of persons with drug and alcohol problems to more properly improve lives, and promote better citizenship.