Tuesday, July 2, 2013

Can't apply diversion law to Duncan

So, if you follow Knox County government and you've been under a rock, click right smack here for today's story about now-former Trustee John Duncan III stepping down from his post and pleading guilty to a felony charge.

(And, yeah, pat of the back. We broke this story. Love this #*(#$&7)

Anyhoo, JD3 will more than likely receive judicial diversion. It's actually pretty common. However, he's pretty lucky on that one. Under a state law that took effect last July, officials who commit crimes "in the person's official capacity or involved in the duties of the person's office" are no longer allowed judicial diversion. (All this is because of former Knox County Criminal Court Judge Richard Baumgartner and his, er, pill problem.)

But, Duncan was grandfathered in. He's accused of paying out illegal free money in December 2010.

You can find a copy of the Senate bill, right smack here. And here's the TCA part of the law where it gets inserted.

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