13^th Judicial District Attorney General Bryant C. Dunaway released a statement regarding Tennessee Governor Bill Lee’s Executive Order 30. The 13^th judicial district includes the counties of Cumberland, Clay, Pickett, Overton, Putnam, White and DeKalb.

Here is his statement in its entirety:

“COVID-19 has thrown our communities into a whirlwind. In an effort to manage the effect of the virus, Governor Bill Lee has issued a series of Executive Orders, the most recent Executive Order 30 was issued April 28, 2020. I do not envy the great responsibility that Governor Lee has and the difficult decisions he is having to make. I pray for wisdom for him and those who advise him.

I find myself, as the elected District Attorney General for the 13th Judicial District in a difficult position as well. The Governor’s Executive Orders are certainly well intentioned. By statute, the public’s compliance with the Executive Orders is to be accomplished by criminal prosecution which presents difficulty for me.

The Tennessee Constitution charges me with the role of prosecuting all criminal offenses in Clay, Pickett, Overton, Cumberland, Putnam, White and DeKalb Counties. The law in this state allows discretion in making prosecutorial decisions. I feel compelled to exercise my prosecutorial discretion by choosing not to criminally prosecute citizens of the 13th Judicial District for operating certain lawful businesses and engaging in ordinary lawful activities.

As I travel our district, I see small businesses with their doors shut and the lights out while at the same time, I see large retail stores full of customers and no empty parking spaces in their lot. The Executive Orders in some respects appear to be vague and arbitrary. Under the current restrictions, a large chain restaurant with a capacity of 400 can serve 200 people but a hair dresser who serves but a few persons at a time must be completely closed. Under the terms of the Executive Orders citizens in highly populated urban counties with higher concentrations of persons with COVID-19 are less restricted than citizens from rural counties.

The prosecution of a crime is a serious sanction. As a prosecutor, I have an ethical obligation to bring criminal charges only against persons where probable cause exists that the person has committed the elements of a criminal offense with the criminal intent to do so. I do not have a good faith belief that a jury in our district would convict a citizen for operating their lawful business or engaging in ordinary activity.

Like Governor Lee, I encourage every person to follow health and safety guidelines in everything they do. I strongly recommend the continued practice of keeping a healthy distance from others and refraining from gathering in large groups. I also strongly advise the public to stay home if you are not engaging in activities that are necessary to maintain your business, care for your family or your maintain your own physical and mental health. I sincerely believe that Governor Lee has made very difficult decisions based upon what he believes is best for the citizens of Tennessee. There are no perfect answers here and I am confident Governor Lee is well intentioned; he finds himself in a difficult position.

Please know that while, there will not be enforcement, by criminal prosecution, of Governor Lee’s Executive Orders for operating lawful businesses and engaging in ordinarily lawful activity in this judicial district, other enforcement mechanisms may be implemented by other agencies of Tennessee government. For example, it is possible that violations could be met with the suspension or loss of business or other type license.

2020 has brought a lot of challenges to our communities so far this year. Our strength is in each other. Continue to help your neighbors and pray for strength for those who have experienced and continue to experience trials due to COVID-19 and the recent tornados.

God Bless you all.

Bryant C. Dunaway

District Attorney General

13th Judicial District of Tennessee”