Private Acts of 1945 Chapter 350

COMPILER'S NOTE: Private Acts of 2026, Chapter 69, Section 3, amended this private act by deleting "Quarterly County Court" wherever it appears and substituting "County Commission" and by deleting "County Judge" wherever it appears and substituting "County Mayor".

SECTION 1.  That the office of County Attorney is hereby created in all Counties of the State of Tennessee, having a population of not less than 27,680 nor more than 27,720, according to the Federal Census of 1940 or any subsequent Federal Census.  The County Attorney shall be elected by the Quarterly County Court of such Counties at the next regular session of said Quarterly County Court following the effective date of this Act and shall serve for a term of two (2) years or until his successor is elected and qualified.  In the event of a vacancy in said office of County Attorney, the same shall be filled by the Quarterly County Court.

SECTION 2. The County Attorney shall be licensed to practice law in the State of Tennessee.

Preference must be given to an attorney who is a resident citizen of Haywood County; however, residency within the county shall not be required.

Before assuming office, the County Attorney shall take and subscribe the following oath, which shall be filed with the County Clerk: "I, ___ _, do solemnly swear that I will support the Constitutions of the United States and of the State of Tennessee, and that I will perform the duties of said office according to the law and to the best of my skill and ability;"

SECTION 3. The County Attorney shall serve as legal counsel to Haywood County government and shall advise and represent members of the County Commission, the County Mayor, and other county officials, including elected, appointed, or confirmed officials and chairs of boards and commissions serving the county government on legal matters relating to the performance of their official duties. The County Attorney shall prepare and render written legal opinions to county officials. The County Attorney shall give legal advice to the County Mayor and to the County Commission regarding the issuance and sale of county bonds and shall prepare and execute all necessary legal papers pertaining thereto when requested by the County Mayor or the County Commission. In the event of conflicting requests among county officials, the County Attorney shall act in the best interest of Haywood County.

SECTION 4.  That upon an election of the County Attorney by the Quarterly County Court, the said Quarterly County Court shall fix his compensation for the term to which he has been elected but which shall be payable on a monthly basis payable on the first day of each month out of the general funds of the County upon a warrant drawn by the County Judge upon the County Trustee.

SECTION 5.  That in the event the County Attorney is called upon to represent the County in any extra or special matters or litigation not mentioned or referred to in this Act, he shall be entitled to additional compensation the amount of said additional compensation being within the discretion of the Quarterly County Court of such counties.

SECTION 6.  That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

SECTION 7.  That all prior appropriations of the Quarterly County Court of such Counties heretofore made for compensation of County Attorneys are hereby ratified and confirmed and said appropriations are declared to have and possess the same validity and effect as though the said Courts were legally authorized to do so in the first instance.

SECTION 8.  That this Act take effect from and after its passage, the public welfare requiring it.

SECTION 9. The County Commission may employ legal counsel other than, or in addition to, the County Attorney when such additional or specialized counsel is deemed necessary or appropriate.

Passed:  February 21, 1945.