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Judge Supports Magistrate Under Fire

Dickson County Has Never Held Judicial Magistrate Public Hearing, Police Say

POSTED: 5:57 pm CST November 19, 2009
UPDATED: 7:04 pm CST November 19, 2009

A local magistrate is now under fire from women's groups and police after throwing out dozens of domestic violence arrests as soon as they're brought in.

Related: Watch This Story

General Sessions Judge Durwood Moore recommended hiring Milton Genella in 1998, 2002 and again in 2006.

When asked about a woman who had her nose shattered after she was let go by Genella, Moore said, "Yes, it's a probable cause issue. Who started it?"

Moore said that the two big files of thrown-out warrants are of no consequence.

"They can think what they want to, but it's left up to him to make the decision," Moore.

Moore said he wasn't familiar with the case of a woman who set her house on fire. Genella said that the woman could do whatever she wanted to her house because it was hers.

But many others, including the man who wrote Tennessee's criminal code, said Genella is out of line.

"I was astounded that the judge is not granting probable cause warrants in domestic relations cases," said David Raybin.

By law, counties are required to hold public hearings once a year to evaluate the judicial magistrates. Police said Dickson County has never held a single public hearing about judicial magistrates.

Dickson County attorney Tim Potter did not return our calls.


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