Both finalists for the Shelby County Criminal Court Division I vacant judge’s seat have committed to taking a tough-on-crime approach to the job, if appointed by Gov. Bill Lee (R).
After 20 years on the bench, former judge Paula Skahan retired in June. Her retirement prompted the Trial Court Vacancy Commission to hold public hearings in July, after which they sent two names to Lee’s desk: Ray Lepone and Kenya Smith.
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Here’s what we know about the two career prosecutors and what they plan to bring to the role.
Lepone’s notable experience
Throughout his 25-year career, Lepone has tried more than 61 cases before a jury. He was the lead prosecutor in the infamous Lester Street Massacre case, which resulted in a death penalty sentencing in 2010. He also helped create and lead the Multi-Agency Gang Unit, an effort launched in 2012 as a collaboration between local and federal law enforcement agencies to target and prevent crime.
“Through this work, I supervised wiretaps, prosecuted cases from major undercover operations,” Lepone wrote in his application, “and handled major cases against targeted street gangs.”
Community members have described the MGU as an “incredibly problematic and dangerous…rogue agency.” The MGU and other specialized Memphis police teams came under scrutiny in 2023 after it became public that officers in the SCORPION unit were responsible for the beating death of Tyré Nichols.
Lepone also spent nearly two years — from May 2016 to February 2018 — serving as a magistrate judge in the Shelby County Juvenile Court, working under former juvenile court judge Dan Michael. The court was under federal oversight during Lepone’s tenure, following a 2012 investigation that found that the court routinely violated children’s due process rights and discriminated against Black kids. A 2022 report later revealed the juvenile court transferred Black children to adult court at much higher rates than their white counterparts, while under supervision.
“One of the judge’s responsibilities is to make a decision,” Lepone said. “A lot of the cases I handled were high stress. In juvenile court, a lot of times you’re making decisions between two bad options.”
Why Lepone wants the job
Lepone credits his time at the juvenile court as one of the primary reasons for pursuing the vacant judge’s seat. “The experience I had on the bench, I learned a lot about my judicial temperament,” Lepone told commissioners at the July hearing. “Those two years gave me a snapshot of myself that led me to feel confident that I could sit on a courtroom bench.”
Smith’s notable experience
During her nearly 15 years as a prosecutor, Smith pursued cases where Memphis police officers have been injured or killed in the line of duty, along with several cases related to violence against women and children. She has tried at least 20 cases before juries, including at least one case seeking a life without parole sentence.
“Retribution, incapacitation, rehabilitation and deterrence are the four goals of the criminal justice system. People forget that,” Smith said. “Some people just need to go to jail.”
She has served as a county judicial commissioner since January 2023. Although not a judge, she still performs many duties closely related to the role, Smith told the commission. Some of those tasks include signing warrants, issuing subpoenas, setting bail amounts, and closely interacting with several law enforcement agencies in Shelby County.
Because of her role, Smith is listed as one of several defendants in a federal lawsuit filed by Just City. The suit challenges a Tennessee law passed in 2024 that prevents judges, magistrates and commissioners from considering a person’s ability to pay when setting bail amounts. The law overturned bail reform, which passed in the state in 2022.
Why Smith wants the job
“What sets me apart is my two and a half years as a judicial commissioner. I am already a member of the judiciary,” Smith said, “so I’d continue to carry that knowledge into this role.”
Common ground between Lepone and Smith
When the panel questioned their perspectives on the death penalty and other stringent state laws, both Lepone and Smith said they would follow statutes as written in Tennessee, despite their own personal beliefs.
Lepone and Smith also appear to be open to diversions and other alternatives to incarceration only when necessary. “(It) depends on the egregiousness of offense, and if I feel like that particular defendant wants to recover or if they should be sent to jail,” Smith said.
Lepone and Smith both agree the Shelby County jail should be renovated or rebuilt. As judicial commissioner, Smith’s office in the Shelby County Justice Center shares the building at 201 Poplar Ave. with the jail. Her office often floods during rainstorms, and broken elevators routinely cause detainees to miss scheduled court dates, Smith told MLK50: Justice Through Journalism.
The jail continues to face compounding crises of dilapidated, dangerous conditions. In August, Christopher Ross was stabbed several times while in jail and is now paralyzed as a result of those injuries. In July, Rockez McDaniel died in jail. A spokesperson for the Shelby County Sheriff’s Office confirmed eight people have died in the jail this year.
“It’s not a secret that the jail is in disrepair,” Lepone told MLK50. “(Jail) is not a place you’re supposed to be serving time. I support improvement, whether that’s a renovation or a new jail.”
About the local court system
A recent report — published in March by the Tennessee Comptroller of the Treasury — provides a glimpse of just how backlogged the local court system is: the number of open felony charges in Shelby County is more than double those in Davidson County and more than triple those in Hamilton County.
The report suggests Shelby County could become more efficient with better caseflow management, improved data reporting and increased transparency. As of now, “the public cannot (see) trends and patterns,” the report reads, “the public cannot see the big picture.”
“If I (become) judge, I know one of my responsibilities is to address unnecessary delays,” Lepone said.
Both candidates promised to run an efficient courtroom if appointed.
“I’d allow for quick announcements to go first, go through the docket,” Smith said, “and then move on to more substantive matters. Respect, efficiency and preparation.”
Next steps
The governor will have the final say between the two candidates, or he can consider another qualified person for the role. If not appointed by Lee, Lepone said he’d run in the 2026 election. Smith, however, did not say one way or the other. “I will think about that at a later date,” she said at the July hearing.
The governor’s office has not responded to MLK50’s repeated requests for more information about when the vacant seat will be filled.
Brittany Brown is the public safety reporter for MLK50: Justice Through Journalism. Email her at brittany.brown@mlk50.com
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