Cumberland County  has been named in a lawsuit filed last week by Judicial Commissioner Director Benton Threet for unlawful termination.  Threet has been Judicial Commissioner Director, which is an appointed position by the County Commission, for over ten years and has been employed by the County for thirty years, 19 of which were with the Cumberland County Sheriff’s Department.  Judicial Commissioners are responsible for the issuance of criminal arrest warrants upon finding probable cause. In the suit, Threet claims he was terminated in October of last year by Circuit Court Clerk Larry Sherrill without cause.  Problem is, no one can “fire” a Judicial Commissioner according to State Law.  The only way a Commissioner can be removed from office is through an “ouster hearing”  after allegations of wrong doing are charged against a Commissioner – neither of which occurred with Threet.   In the suit, Threet maintains the County should have known the law and trained the Circuit Court Clerk correctly. Threet’s current term as Commissioner was to expire last month and he had submitted a resolution that was added to the January County Commission meeting agenda for reappointment as Director of Judicial Commissioners but says the item was ‘inexplicably’ removed from the agenda at the last minute.

Threet is asking to be re-instated as Judicial Commissioner Director along with back pay and all other lost benefits since his termination.  Circuit Court Clerk Larry Sherrill, who is also named in the suit, told CNF he could not comment on current litigation involving himself and referred us to his lawyer Danny Rader of Cookeville who also told us he couldn’t comment on the suit because he hadn’t read the complaint at that time.  Those familiar with the case say they are confused why this has happened given that Benton Threet and Larry Sherrill have worked with each other for many years and were good friends.  Sherrill told us that he thinks highly of Benton and Benton tells us he has no earthly idea what caused his dismissal.  The County has 60 days to answer the complaint.