by James Coleman —
Shelby County Commissioners Monday (Feb. 7) weighed the wisdom and timing of appointing a state senator to finish the remainder of the term of Katrina Robinson, who was expelled last week from the state Senate because of her conviction on federal fraud charges.
It was the first expulsion from the legislative body since at least the Civil War.
Robinson, a Democrat who represented state Senate District-33, was convicted of four counts of wire fraud in October although the U.S. District Judge Sheryl Lipman threw out two counts last month. Robinson is awaiting sentencing on the remaining counts.
Robinson, whose district includes parts of South and southeast Memphis, was in the final year of her term, with upcoming primary elections in August, followed by the November general election.
“We’re talking about someone who’s never been a state senator starting on April 1, for the last four weeks of the term, when they would also have to be running for the November seat,” said Commissioner Tami Sawyer.
The Tennessee constitution states a county’s commission “shall” name a replacement. They would serve until election day, or longer, if re-elected. However, it apparently does not impose a penalty if the commission decides not to do so.
“The Tennessee State Attorney General said they don’t believe there is any sanctions if you don’t,” said Shelby County attorney Marcy Ingram.
With several months until the term ends, constituent services would still need to be addressed, commissioners said. There are also summer General Assembly committee meetings, not to mention the odds of a special session.
Still, appointing someone prior to an election can be a concern.
“The term isn’t up until November,” said commissioner Eddie Jones. “That’s seven months without representation for that district.
Anybody that’s going to run for it, I don’t care who runs for it. Whoever you put there, all of them would have to apply.
“But I do believe there should not be a hole in representation of the constituents of Senate District 33.”
Citing the remaining workload in the state senate, Sawyer agreed with Jones’ point.
“My concern is not about giving anyone unfair advantage.… My concern is allowing voters to choose who the next person (is).… I’ll go with the body on this, I have no real qualms one way or another.”
Jones, along with commissioners Reginald Milton and Van Turner Jr. said they have been contacted by people interested in the seat. Their districts are within the state senate district’s lines.
Turner, an attorney, brought up Robinson’s original 48-count indictment that eventually was whittled down to two convictions.
“That would give credence to what we think would be a grave injustice,” he said in opposition to naming a replacement.
He also worried that the Republican-dominated state legislature would amend the constitution to appoint a replacement.
“That’s just how they operate,” said Turner.
Despite the objections of the Tennessee Black Caucus and other supporters, Sen. Katrina Robinson was expelled from the Tennessee Senate last week (Feb. 2) during what she called a “procedural lynching.”
The Republican-led Tennessee Senate voted 27 to 5 to remove Robinson.
“While the expulsion of a Senator for the first time in history was not something any of us wished to see, it was a necessary action,” said Senate Speaker Randy McNally in a statement after the vote. “The integrity of the Senate is of paramount importance.”
Robinson argued before the vote to expel her that she had been unfairly judged by the white-majority chamber. She called it a “procedural lynching,” prompting cheers of support that the Republican speaker gaveled down. Some of her supporters in the gallery were in tears and others stood in solidarity.
State Rep. Antonio Parkinson, chairman of the Tennessee Black Caucus, said the Senate’s decision was “a jolting reminder that we operate in the most powerful building in the land where the rules for citizens, the governor, the courts and members are made by the ruling parties.”
(This story includes reports by the Associated Press and the TSD Newsroom.)
