Private Acts of 1973 Chapter 161

SECTION 1. There is hereby created the office of Divorce Referee for each County of this State having a population of 600,000 or over by the Federal Census of 1970 or any subsequent Federal Census.

SECTION 2. Any lawyer licensed to practice before the Supreme Court of Tennessee, residing and being a qualified voter in the County for which he is elected, shall be eligible to hold the office of Divorce Referee. During his term of office neither the Divorce Referee nor his Deputies hereinafter provided for, shall appear for either party in any divorce suit filed in his County.

SECTION 3. It shall be the duty of the Divorce Referee to enter his written appearance in every divorce case in his County, which has the effect of putting the case at issue, whereupon the case shall be transferred or placed on the trial docket for hearing in its regular order, along with all the other cases of every nature, in the same way and manner as if an answer had been filed by the defendant, controverting the grounds for a divorce averred in the petition or bill, and the said Referee shall appear upon the trial of every divorce case in his County, whether the suit is contested by the defendant or not; and it shall be the duty of the Divorce Referee to acknowledge service upon him of a copy of every bill for divorce which acknowledgment of service shall be endorsed by him upon the original bill before the same is filed in any Court in his County and no bill for divorce shall be filed unless it bears such acknowledgment over the signature of the Divorce Referee with the date of service; but nothing herein shall be construed as dispensing with the necessity of the service of proper process upon the defendant as is required by existing laws.

Immediately upon the commencement of a suit for divorce, it shall be the duty of a Divorce Referee to investigate the charges made in the bill and he shall be prepared to advise the Court upon the hearing, as to the merits of the case. The Divorce Referee shall have the authority to designate other individuals to accept service of process in the Divorce Referee’s name.

SECTION 4. The Divorce Referee shall have power to cause witnesses, including the parties to the suit, to be subpoenaed to testify, respecting any charges made in the bill or the answer or upon any matter touching the material status of the parties, the performance or neglect, of any duty by either, to the end that justice may be done the parties and that society may be protected and the sanctity of the marriage relation preserved; and the Divorce Referee shall have the power and authority, upon the trial of the suit, to examine all witnesses; and is authorized and empowered, in his discretion, to perfect an appeal, appeal in the nature of a writ of error, or a writ or error from decree of any lower Court in a divorce case where, in the opinion of the Divorce Referee, the General Welfare justifies and warrants his taking such appeals; and if the Divorce Referee should elect to perfect such an appeal, appeal in the nature of a writ of error, or writ of error, he may do so without being required to furnish an appeal bond.

SECTION 5. A Divorce Referee shall be elected by the County Court of each such County in this State, at the first regular term after the passage of this Act, and every four years thereafter. Before electing a Divorce Referee, the County Court of each County wherein such office is filled shall give each Judge in whose Court the Divorce Referee or any Deputy Divorce Referee may serve the privilege of making either an oral or a written statement expressing his views as to the ability and efficiency of any person who is a candidate for the office. The Divorce Referee elected shall serve for a term of four years from the date of his election and until his successor is elected. In the event of a vacancy in the office of Divorce Referee, the County Court at its next regular term shall fill the vacancy for the unexpired term of the office by the same procedure as the appointment of the original referee, and until such vacancy is filled, the Deputy Divorce Referee, hereinafter provided for, shall act as Divorce Referee.

SECTION 6. The County Court shall fix the compensation of the Divorce Referees and said compensation shall be payable in twelve monthly installments of equal amounts. A fee not to exceed Thirty Dollars ($30.00), to be established by the County Court of each County wherein the office of Divorce Referee exists under the provisions of this Act, shall be collected by the Divorce Referee in each divorce filed in this County, which sum shall be taxed as part of the costs in each suit in addition to costs now provided by law; but each fee so collected shall be advanced in cash and paid to the Divorce Referee by the Complainant or Petitioner upon presentation of the bill or petition for divorce to the Divorce Referee for acknowledgment of service upon him, and no bill or petition for divorce shall be filed by any clerk of any Court to which same is presented for filing unless the receipt of the Divorce Referee for said fee is noted thereon in addition to his acknowledgment of service upon him of a copy of such bill or petition. All fees received by the Divorce Referee or his Deputy Divorce Referees shall be paid to the Trustee of the County and shall become a part of the general fund of said County.

SECTION 7. Each Divorce Referee shall have the power and authority to appoint Deputy Divorce Referees who shall have the power and authority to acknowledge service in the name of the Divorce Referee, by each of them as Deputy Divorce Referee of all bills for divorce, and in case of the absence from the County, or the disability, or at the request of the Divorce Referee, each of them shall have and exercise all the rights, powers and duties of such Divorce Referee. The Deputy Divorce Referees shall hold office at the will and pleasure of the Divorce Referee and their compensation shall be fixed and paid by the County Court and paid in twelve monthly installments of equal amounts from the general fund of said County. The County Court shall provide the Divorce Referee with an office, secretary, telephone, all necessary supplies and expenses to run the said office in the County Courthouse which shall be maintained during usual hours of business by the Divorce Referee or the Deputy Divorce Referee.

SECTION 8. The Divorce Referee shall be made a party defendant to all motions to amend a Complaint for Divorce to show a reconciliation of the parties, where there has been no order obtained pursuant to T.C.A. 36-836; and no such amendment shall be allowed except by leave of Court and notice of such motion to the Divorce Referee.

SECTION 9. The Divorce Referee and each Deputy Divorce Referee, by appointment of each Circuit Judge and each Chancellor, shall have the power and the authority as Special Masters or Referees to hear all motions pendente lite in divorce cases filed in his County; and his order thereon, before it can be enforced, shall be approved by the Judge or Chancellor. The appeal from such order shall be by motion. Nothing herein, however, shall prevent the moving party from having his motion heard by the Judge or Chancellor. A fee of ten dollars ($10.00) shall be collected by the Divorce Referee in each motion pendente lite in divorce cases filed in his county, and in each petition modify pervious orders or decrees referred to him; and a fee of one dollar ($1.00) shall be collected by him for each continuance of such motion or petition, which fees shall be taxed as part of the costs in each suit in addition to the costs now provided by law; and each fee shall be taxed as court cost and paid with the other court costs as directed by the court.

SECTION 10. If any provisions of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to that end the provisions of this act are declared to be severable.

SECTION 11. All laws and parts of laws in conflict with the provisions of this Act, but only in so far as the same do conflict with the provisions of this Act; be and the same are hereby repealed.

SECTION 12. This Act shall have no effect unless approved by two-thirds vote of the Quarterly County Court of any County to which this Act may apply not more than 120 days subsequent to its approval by the Chief Executive of this State or after its otherwise effective date. Its approval or non-approval shall be proclaimed by the presiding officer of the Quarterly County Court and shall be certified by him to the Secretary of State.

Passed: May 3, 1973.