POST Commission rejects proposed agreed order for Jackson County deputy, refers case to formal hearing after judge's complaint

The Tennessee POST Commission voted July 18 to disapprove a proposed agreed order for Deputy Roy Shepherd of the Jackson County Sheriff's Office and to refer the matter to a formal hearing.

Deputy Shepherd's counsel, Dana Luper, presented a settlement the deputy's attorneys submitted to the commission. Under the proposed terms, Shepherd would accept six months of probation, complete additional courtroom-security training, and forgo his salary supplement. Luper told commissioners the agreement "avoids the significant costs and preparation time and expenses that would require a formal hearing" and reflected her client's effort "to address the board's concerns directly and constructively."

Commissioners said they were troubled by a detailed letter from a presiding judge, read into the record, that alleged Shepherd had told the judge he did not have a firearm or cell phone in court, then later said he always carried a phone and did not leave when asked. Several commissioners said the judge's account — and the judge's decision to write to the commission — raised concerns about courtroom intimidation and whether a negotiated settlement was appropriate without a full hearing.

After extended debate about fairness and the public interest, the commission voted to disapprove the agreed order and to schedule a formal hearing so the judge and other witnesses could be heard. The motion to disapprove and refer the matter to a formal hearing was made from the floor and carried by the commission.

The attorney presenting the proposed agreement said Shepherd has more than 20 years in law enforcement and that the settlement would require him to complete classroom training on courtroom security and to accept probation and suspension of the salary supplement; Shepherd's counsel also said he intends to seek the office of sheriff in his county. Commissioners opposing the settlement said an expedited resolution timed near an election could give the appearance of accommodation and that the judge's allegations warranted a formal evidentiary proceeding.

Next steps: the commission directed staff to set a date for a formal hearing and notified parties that the judge who wrote the letter is available to appear.