Nashville judges suspend drug testing requirements for most probationers

Judges on Thursday suspended required drug tests for most Nashville defendants on probation amid defense attorneys' concerns that clients were being put at added risk of spreading the coronavirus.

Presiding General Sessions Judge Lynda Jones halted most testing requirements for the rest of the month, but left requirements in place for recovering addicts going through treatment courts. DUI offenders also will have to report for alcohol testing.

Jones said up to 1,600 tests are administered by the private contractor Averhealth on an average month. She expected about 700 tests to still take place in April, with those numbers reflecting defendants who are required to take multiple tests per month.

Jones said the General Sessions judges initially favored leaving testing in place, saying a probation officer had visited the privately run testing center to verify it was taking precautions. But the judges changed their minds as COVID-19 continued to spread rapidly throughout the state.

"We certainly don't want to intentionally put people in harm's way," Jones said.

Defense attorneys had been clamoring for the change, and one had threatened to sue the city, Jones said in a phone interview. She surveyed several defense attorneys for their thoughts and got "a laundry list" of concerns.

Nashville attorney Will Conway said the regular drug testing protocol stood in stark contrast to Mayor John Cooper's instructions for people to stay home and avoid close contact with others.

"It was a concern for every defense attorney that we had clients that were on misdemeanor probation and they were being called downtown," Conway said. "This alleviates it for the time being."

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Most of the defendants who were previously required to report for drug testing are on probation for minor charges including simple possession or possession of drug paraphernalia.

"The more serious cases, obviously, are still being tested," Jones said.

Courts have dramatically cut back on in-person hearings amid the spread of COVID-19. Limited jail dockets are being heard with a skeleton crew, with judges also working to release some inmates from local jails. 

Jones said she was working on new measures to reduce the risk of spreading the virus. She said she expected to begin allowing people to apply for orders of protection over the phone rather than being required to visit a magistrate in person.

Reach Adam Tamburin at 615-726-5986 and atamburin@tennessean.com. Follow him on Twitter @tamburintweets.