By noon most days, Hamilton County Juvenile Court Judge Robert Philyaw has already seen the worst of humanity. As he rules on cases ranging from child neglect to juvenile delinquency, he encounters things he calls “discouraging and troubling” – a 12-year-old charged with attempted first-degree murder; a 13-year-old being tried for armed robbery; a devastated widower who chose the deep end of a bottle over caring for his children. In each case, he strives not to punish the person but to set him or her on a better path.
Before Judge Philyaw took the bench in May of last year, he and his predecessor, Judge Suzanne Bailey, discussed juvenile delinquency in Chattanooga. She told him the cases are becoming “more and more serious.”
“When Judge Bailey started, kids were fighting in school and throwing rocks through windows,” he says. “Now we’re seeing younger children committing more serious offenses, almost without exception under the guidance of older teens.”
The dependency and neglect cases with which Judge Philyaw deals can be just as disheartening. Parents with a drug problem, mothers and fathers who don’t know how to care for a child, and worse are on his docket. He recalls the case of the widower:
“That was the first case in which I terminated parental rights. I got choked up to the point of having to excuse myself. The man was Guatemalan and spoke almost no English. His wife had died tragically, leaving him with two young boys. His grief was so great, he started drinking.
“[The Department of Children’s Services] was called in on more than one occasion, and eventually took custody of the children. They tried to help him, but his situation didn’t improve.
“Meanwhile, the children were placed in an English-speaking foster home. Over time, they lost their ability to speak Spanish. They would visit their father, but there would be no communication.
“The father came to court one day and said, through an interpreter, ‘I love my children, but they’re better off now, and I’ll never be able to provide for them as well as the foster family is providing for them, so do as the law of the land requires.’ Tears were running off his cheeks.”
The foster parents adopted the children late last year.
“Telling someone they are no longer associated with their child is tough,” Judge Philyaw says, “but it takes a lot to get to that point.”
The juvenile court in Hamilton County is not a court of punishment, but a court of rehabilitation; therefore, Judge Philyaw’s first mandate is to correct the problem. “We try to help parents learn how to be parents, we try to help families learn to be families,” he says. “When a child is placed in the custody of the state, our goal is the reunification of the family.”
Judge Philyaw is always looking for opportunities to positively sway youth, whether he’s on or off the bench. His efforts include speaking with students at local schools. To ensure maximum impact, he tailors his talk to each group.
“The students at one school rarely get in serious trouble,” he says, “so I talked about the parts of the Juvenile Offender Act that deal with kids who get caught with drugs or alcohol. For that group, the consequences of getting caught with a beer in their hand would be the loss of driving privileges, which are important to them.”
Judge Philyaw was asked to speak with another group of kids who thought they could get away with anything because they’re juveniles. He was happy to set them straight.
“Most of those kids had a history with the court, so I said, ‘I don’t know you, and I don’t want to know you; I want you to listen to me.’ Then I talked about the juvenile offenses that carry over into adulthood. I also told them the state will sometimes say, ‘Judge, you’ve done all you can. Send him downtown and let him start his adult criminal life.”
That moment is tragic, says Judge Philyaw: “That means we’ve failed to reach that child, and he’s going to be tried as an adult. The ramifications are huge.”
Given what’s at stake in the lives of the offending youth and the community at large, Judge Philyaw is glad to have the support of a caring and dedicated staff. “I work with an excellent group of professionals. They could have made more money doing something else, but they chose to work here because they feel like they’re making a difference in the lives of these kids,” he says.
Judge Philyaw is also thankful to have a relief valve that allows him to release the steam that can build up while hearing cases: lunch with the three magistrates at the court. “Usually by lunch, one or more of us has heard something awful,” he says, “so we get together to laugh, vent, and help each other.”
Judge Philyaw grew up the son of a Baptist preacher, but instead of following his father’s footsteps, he earned Bachelor of Science and Master of Business Administration degrees at Christian Brothers University in Memphis, Tenn., and then became a salesman with National Paper Company. He eventually quit that job to attend the Memphis School of Law full-time, believing the degree would further his business career. The law hooked him, though, and brought him to Chattanooga, where he’d secured a position with Shoemaker Thompson. He later struck out on his own and developed a diverse practice on Signal Mountain.
“I defended juveniles, represented parents, and served as guardian ad litem,” he says. “For 11 years, I handled every kind of case we get here.”
Prior to serving in his present position, Judge Philyaw served as a municipal judge.
At 48 years of age, Judge Philyaw is as busy as ever. When he’s not in court or speaking publicly, he donates his time and resources to community projects that support families and children. Most significantly, he served as a board member of the Founder’s Fund, formed in 2006 to raise money to equip Signal Mountain High School.
To relax, Judge Philyaw is restoring the 1957 Chevy he owned as a youth. He also spends time with his two children, one a freshman at Signal Mountain High School and the other a freshman at the University of Tennessee at Chattanooga, and his wife, Dr. Kathy C. Philyaw, a pediatrician.
But his thoughts are never far from his work. His constant prayer is that he and the people who work with him make a genuine difference. “Our life’s work is to improve the lives of children in Hamilton County. Their best interest is our guiding star. Every day, I come to work knowing we’re doing something that matters.”