Public Acts of 1967 Chapter 162

SECTION 1. That the Criminal Court of Shelby County be and the same is hereby divided into five divisions, to be known and designated as Division 1, Division 2, Division 3, Division 4 and Division 5 of said Court.

SECTION 2. That the terms of said Court and of the five divisions thereof as herein provided shall be held as heretofore, beginning on the third Mondays in January, May and September, and the procedure, rules, practice, and general powers, and authority in all divisions of said Criminal Court of Shelby County shall be the same as are now in force. Each division of said Court shall regulated its own sessions and adjournment.

SECTION 3. That the present judges of the Criminal Court of Shelby County and their successors in office shall preside over Division 1, 2, 3, and 4 of said Court. The office of one additional Judge of the Criminal Court of Shelby County is hereby created, which shall be filled by the appointee hereafter to be named until the election of a Judge to fill said office, as hereinafter provided, and said fifth Criminal Judge, to be so appointed or elected, and his successor in office, shall sit and hold Court regularly in division 5 thereof.

SECTION 4. That the Governor shall appoint on or before September 1, 1967, a person qualified under the law, to fill the office hereby created of Criminal Judge in Division 5 of said Court, who shall hold office until September 1, 1968, and until successor is qualified. In the next regular election of County Officers in the State to be held in August, 1968, a person qualified under the law shall be elected to hold said Judgeship until September 1, 1974, and until his successor is qualified. Beginning with the regular election of county officers in the State to be held in August, 1968, and from that election forward, a person qualified under the law shall be elected for the same term of office as are other Criminal Judges in the State of Tennessee.

SECTION 5. That the Judge of the Fifth Division of the Criminal Court of Shelby County shall have the same qualifications and exercise the same powers and jurisdiction and receive the same compensation as other Criminal Judges in the State.

SECTION 6. It shall be the duty of the judges presiding over the respective divisions of the criminal court to charge the grand jury and the grand jury shall report all bills of indictment or presentment to the respective judges according to the sequence set forth herein. The charging and reporting of the grand jury shall be rotated among criminal court divisions in the following manner:

At the term of the criminal court which immediately follows the effective date of this act, the grand jury shall be charged by and shall report presentments and indictments to the presiding judge of Division I of the criminal court; at the next term of court following charging and reporting to Division I, the grand jury shall be charged by and shall report to the presiding judge of Division II of the criminal court; at subsequent terms of court the grand jury shall be charged by and shall report to the next consecutively numbered division of the criminal court until all of the divisions are exhausted whereupon the charging and reporting duties shall devolve to the presiding judge of Division I and thereafter according to the sequence set forth herein. Upon the disqualification, abolition, absence or other disability rendering the performance of the duties set forth herein impossible by the judge of any division, the duties shall devolve to and be performed by the presiding judge of the next consecutively numbered division of the criminal court.

SECTION 7. That this Act shall not affect the office, duties or compensation of the present Attorney General of the Criminal Court of Shelby County and his successors in office, who shall hold said office with all the powers, duties, responsibilities and compensation attached thereto during the term for which he is elected and until his successor shall be elected and qualified; provided, however, that the present Attorney General of the Criminal Court of Shelby County and his successors in office shall be the Attorney General of Division 1, Division 2, Division 3, Division 4 and Division 5 of said Court, and shall perform all of the duties in and with respect to said Divisions 1, 2, 3, 4 and 5 of said Court as are now required by law to be performed by him as Attorney General of the Criminal Court of Shelby County.

SECTION 8. That the minutes of the five divisions of said Court shall be kept in separate books, the same to be numbered as heretofore. The minutes of each division shall be signed by the judge presiding therein, except in case of inter-change regularly made.

SECTION 9. That the County Court of Shelby County shall furnish all books and necessary supplies for said Court, and shall also furnish for the five divisions of said Court separate rooms, but as near together as may be convenient, and the Sheriff of said County shall, be in person or by deputy, attend upon each division of said Court when in session.

SECTION 10. That this Act shall not affect the office and duties or compensation of the present Clerk of the Criminal Court of Shelby County and his successors in office, who shall hold said office with all the powers, duties and responsibilities, attached thereto, during the term for which he is elected, and until his successor shall be elected and qualified. Said Clerk shall, in person or by deputy, attend upon each division of said Court when in session, and shall be known as the “Clerk of the Criminal Court of Shelby County, Divisions 1, 2, 3, 4 and 5,” and the Clerk of said Court shall place all cases upon the respective dockets and set them for trial in each division of said Court.

SECTION 11. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

SECTION 12. That this Act shall take effect from and after September 1, 1967, the public welfare requiring it.

Passed: May 1, 1967.