The Honorable W. Fred Axley, Criminal Court Judge, Retired

Waymon Frederic “Fred” Axley, retired criminal court judge entered his eternal home on Friday, November 6, 2020 at his home. A memorial service will be held at Faith Baptist Church, Bartlett, Tennessee on Wednesday, November 11th, at 11a.m. followed by a reception to share memories with family and treasured friends.

Fred was born on May 20, 1937 in North Little Rock, Arkansas to Coleman and Billie Axley. He is survived by his wife of 26 years, Lawrette Bright Axley and two children, Cynthia “Cindy” Oliver (Mike), and son Gregg (Karen), Grandchildren: Christopher (Kandis), Kimberly (Daniel) Simkin and great-grandchildren- Cohen, Jonah and Jude Oliver.

Brother-in-Law Tom Bright (Jean) and son Evan, Brother-in-Law Bill Weirich (Carolyn) and their children, Brent E. Weirich (Megan); children Lillie and Beau; Brittany Goodwin (TJ); children Lawson, Addison and Austin. Mother-in-law Annette Bright and his faithful caregiver of the past 1.5 years, Sheryl Walsh.

All who shared time with him will never forget his big heart, quirky sense of humor and gregarious personality in sharing stories. “D-Daddy”, “Uncle Fred” and “The Judge” as he is known influenced many.

A graduate of Marion Military Institute, The University of Southern Mississippi, and Southern Law University at Memphis prepared Fred for a life of service in criminal justice. He served in the US Army (1956-1962). His achievements and recognitions from the community are innumerable. He was a member of the Tennessee Bar Association, Fellow of the Memphis Bar Association and Fellowship of Christian Athletes Memphis Adult Chapter where he helped establish a team called Spirit Express. He has supported ministries in the inner-city, Mother’s Against Drunk Driving (MADD) and Neighborhood Watch.

Fred and Lawrette have been members of Faith Baptist Church, Bartlett, TN for 24 years. He participated in Faith Walk, mission activities with The World Changers and supported local outreach through the many church ministries.

Fred worked briefly in corporate law before joining the Shelby County District Attorney’s Office as a felony prosecutor in 1972. Ten years later he was sworn in on September 1, 1982 as Criminal Court Judge, Division VI. He was elected to four eight-year terms before retiring in 2007.

Judge Axley understood from the start that a criminal courtroom was not a place for the faint of heart. In his early years he had a private law practice and then joined the Shelby County District Attorney’s Office as a prosecutor.

The court was populated by murderers, burglars, rapists and other accused criminal offenders. Every case was a sad story in itself, regardless of the outcome. But whether as a private attorney, a prosecutor or – for 25 years – a judge, Fred understood that the Constitution was there to protect everyone.

That didn’t mean you had to like the defendant, or that there wasn’t a way to make the best of a bad situation.

Once he had a young first-time offender in court on a burglary. Fred thought the 24-year-old man still had a future, so when he noticed the defendant’s pregnant girlfriend in the courtroom he suggested the two get married in return for getting probation instead of a prison sentence.

The couple agreed and Fred scheduled the wedding for the next day in his courtroom. He said he would officiate. But there was a hitch: the couple had no money for the $30 marriage license.

So Fred looked out across the courtroom and urged the half dozen lawyers present to open their hearts and their wallets. When the collection plate reached only $26, Fred added the last $4 himself.

In another case, a woman pled guilty to shoplifting and was hoping to avoid a jail sentence. Fred asked the woman how many times she had shoplifted and not been caught.

She said this was her first time.

Fred replied: “You mean to tell me you got caught the first time you ever shoplifted? Why you must be the most unlucky person in the world.”

It was never dull in Fred’s courtroom, and that’s the way he preferred it.

He grew up in Fort Walton Beach, Florida, often picking up money working as a deckhand on fishing boat charters. He remained lifelong friends with many of those charter captains, and regularly returned to the Gulf Coast for fishing trips with Memphis friends, many of whom also were elected officials from Shelby County.

Instead of crime, punishment and controversy, in Florida it was all about amberjack and red snapper.

“It’s a chance to unwind from the pressures of our jobs,” Fred said during one trip. “We don’t think about politics. It’s just a time for us to be among good friends, regardless of what they do for a living. It’s just a good time.”

During one fishing rodeo in Destin, Fred and his group caught 700 pounds of fish.

Fred liked to say that if you aren’t bruised at the end of the 12-hour day, you didn’t catch many fish. At some point, he said, just reeling up to check your line could wear you out.

As a Criminal Court judge, Fred could wear out the appeals court judges who reviewed every conviction and guilty plea out of the state’s criminal courts.

In the case of a confessed child molester, Fred gave the man the option of going to prison for a year or posting a sign in his yard declaring the parents and the public to beware that the defendant was a child molester.

Despite the positive public reaction, the state appeals court disallowed Fred’s order, calling it a “breathtaking departure from conventional principals of probation.”

The man ended up doing his time in prison.

But Fred enjoyed these jousts with the appeals court judges, once calling them “the guys who come down off the mountain after the battle and shoot the wounded.” His colleagues on trial benches across the state secretly loved his remark.

The appellate judges also saw no humor when Fred told a defense lawyer seeking a hearing and a stay of his client’s execution on May 5, “The court will take this under advisement until May 6.”

Still, Fred always tried to see the bigger picture, and he sometimes liked a little give-and-take with defendants. To many in the jail he was known as “Father Time” or “the Ax man.”

Fred did not mind either.

After one pled guilty and asked to serve his time at a facility near Memphis, Fred replied, “I’m sorry, but I’m not a travel agent.”

Another time, a Millington man pleaded guilty to stealing $200 worth of The Commercial Appeal newspapers from neighbors’ driveways over an 18-month period. Fred fined him and placed him on probation.

Spotting a reporter in the audience, he then added: “Further punishment ought to be making you read The Commercial Appeal for 60 days, but that would be excessive punishment under the Constitution.”

If fines could be included in guilty pleas, Fred often would direct them to neighborhood groups to promote unity and community spirit.

He’d tell defendants, “I think you need to do more on probation than just show up at the reporting office. If a defendant has taken something out of our community, they ought to put it back.”

Fred retired from the courtroom in June of 2007. He called his years on the bench “both challenging and personally fulfilling.’” He said in an interview that when that day of June 29th arrived, there would be no speeches or sentimental gatherings...

“We’ll just adjourn court.”

The family requests those wishing to honor Fred’s legacy and continue his life of service to consider contributions to their choice of, The Honorable W. Fred Axley, Criminal Court Judge, Retired Scholarship for a deserving student at the University Of Memphis CCH School Of Law, Attn: Archie Shelton, 1 N. Front St. # 270, Memphis, TN. 38103 or Faith Baptist Church, 3755 N Germantown Pkwy, Bartlett, TN 38133, Benevolence or Preschool Ministry.

***The family wishes to thank Lawrence Buser, contributor to the obituary