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Director Estes,
We, the undersigned members and future-members of the Tennessee Bar, write to express our
outrage and disappointment at Coffee County District Attorney General, Craig Northcott’s failure
to uphold his oath of office, to maintain the ethical standards for licensed attorneys in this state or
to protect the very citizens he is mandated to serve.
On June 3, 2019, several media outlets, local and national, reported on statements made last year
(March, 2018) by the elected District Attorney General for Coffee County, Tennessee, Craig
Northcott, while addressing the Chafer Theological Seminary Pastors’ Conference.
Mr. Northcott was giving a speech titled “The Role of the Local Church in Government.” At every
turn, the speech, captured on video, demonstrated that Mr. Northcott does not have the moral
authority or ethical judgment expected of any licensed attorney in the State of Tennessee much
less that of an elected District Attorney General.
Responding to a question from an audience member about gay marriage and its status under the
law, Mr. Northcott bragged that a District Attorney has unfettered discretion in whom to prosecute
or not prosecute.
Using criminal domestic violence charges as a particularly disturbing example of the power
wielded by his office, Northcott commented:
"So the social engineers on the Supreme Court decided that we now have
homosexual marriage. I disagree with them.
"What do I do with domestic assaults? On one hand I don't prosecute them because
I don't recognize it as marriage. On the other hand, if I don't prosecute them then
the sinner—the immoral guy—gets less punishment. What do you do?
"Well the reason where I came down in my evaluation was the reason that there's
extra punishment on domestic violence is to recognize and protect the sanctity of
marriage. And I said there's no marriage to protect. So I don't prosecute them as
domestics."
Mr. Northcott stated that he does not recognize gay marriage and therefore, would not bring
domestic violence charges against gay individuals.
We find this disturbing and unacceptable on multiple levels, the least of which being Mr.
Northcott’s misunderstanding of domestic violence law in the State of Tennessee where marriage
or even romantic status is not an essential element for a charge of domestic assault.
(a) As used in this section, "domestic abuse victim" means any person who falls within the
following categories:
(1) Adults or minors who are current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship,
but does not include fraternization between two (2) individuals in a business or social context;
(4) Adults or minors related by blood or adoption;
(5) Adults or minors who are related or were formerly related by marriage; or
(6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-
(5).
But far beyond the issue of the marital status of gay individuals (though, gay marriage is the law
of the land) are the ethical implications of a District Attorney who will not serve nor protect the
constitutional rights of citizens without first subjecting them to a test of sexuality or religious-
beliefs.
This is the highest level of prosecutorial misconduct and abuse of discretion. He goes further and
appears to encourage other elected officials such as clerks to act in a lawless manner with the
confidence that “good, Christian, men,” when elected, will protect them from criminal prosecution.
Gay citizens are not the only group at which Mr. Northcott has taken aim when it comes to rejecting
his ethical obligations. He has previously made statements on social media that Americans of
Islamic faith or any faith that does not believe in “one true God” do not have the same
constitutional rights as their Christian counterparts. The implications and effects on the day-to-
day practice of law are far reaching and erode public-trust in our criminal system.
For example, the standard for recusal requires only the appearance of bias. State v. Cannon, 254
S.W.3d 287, 307 (Tenn. 2008) (quoting Davis v. Liberty Mut. Ins. Co., 38 S.W.3d 560, 564 (Tenn.
2001)). “[T]he test for recusal is an objective one because the appearance of bias is just as injurious
to the integrity of the courts as actual bias.” Id. at 307.
By specifically singling out two groups on different occasions and expressly rejecting equal
protection for these groups, there is more than merely an “appearance” of bias against them.
Additionally, every other minority or protected group he may not deem worthy is at risk.
Every defense attorney having a client that does not meet whatever arbitrary standards Mr.
Northcott has set for morality, race, sexuality or religion must file a motion to recuse the Coffee
County District Attorney’s Office. Mr. Northcott’s statements have the direct result of requiring
that a disqualification motion be filed in order for defense attorneys to render the constitutionally
required effective assistance of Counsel. Considering the totality of these facts, the role of his
office, and the legal standard for disqualification, this is not hyperbole. Mr. Northcott has gone
far beyond appearing to have bias, he has doubled-down and boasted about his applications of that
bias.
Rule 3.8 [Comment 1] of the Tennessee Rules of Professional Conduct mandates that prosecutors
are expected ‘to be impartial in the sense that charging decisions should be based upon the
evidence, without discrimination or bias for or against any groups or individuals. Yet, at the same
time, they are expected to prosecute criminal offenses with zeal and vigor within the bounds of the
law and professional conduct.” State v. Culbreath, 30 S.W.3d 309, 314 (Tenn. 2000).
Mr. Northcott’s own statements regarding the power of his office and his insistence that his
personal religious beliefs override the constitutional rights of the citizens in his county violate both
the spirit and plain language of Rule 3.8.
We watch with deep distress as the actions of Mr. Northcott cast a cloud over the Bar’s reputation
in the national spotlight. We call upon the Tennessee District Attorneys General Conference to
reject the hateful idea that religious minorities and gay people are not entitled full protection of the
laws of Tennessee and to stand up for our highest ideals as members of the Tennessee Bar.
Sincerely Yours,