Public Acts of 1976 Chapter 544

COMPILER'S NOTE: Only a portion of this act appears in the Tennessee Code Annotated. The entire act is reproduced here for the information and convenience of our readers.

SECTION 1. Tennessee Code Annotated, Section 16-229 [16-2-211(a)] is amended by deleting the section and substituting in lieu thereof the following: Criminal court for the fifteenth judicial circuit shall be held in Divisions I, II, III, IV, V, VI, VII, and VIII in Shelby County on the third Mondays in January, May and September.

SECTION 2. The terms of the court and of its eight divisions shall be held as heretofore, beginning on the third Mondays in January, May and September, and the procedure, rules, practice, general powers, and authority in all divisions of the Criminal Court of Shelby County shall be the same as are now in force. Each division of the court shall regulate its own sessions and adjournment.

Division VIII of the Criminal Court of Shelby County shall be funded with federal funds and no state funds shall be expended for the 1976-77 fiscal year or thereafter if sufficient federal funding is available to operate that court. No state funding shall be provided for any courts created under this act prior to July 1, 1976.

SECTION 3. The present judges of the Criminal Court of Shelby County and their successors in office shall preside over Divisions 1,2,3,4,5, and 6. Two additional judgeships are created which shall be filled by appointment of the governor. These judges shall hold office until the election of their successors as provided in Section 4. These additional judges, appointed or elected, and their successors in office, shall sit and hold court regularly in Divisions 7 and 8 respectively.

SECTION 4. The Governor shall appoint a qualified person to fill each office created by this act, such appointment to be effective until September 1, 1978, and until a successor to such office is elected and qualified. At the August 1978 general election, a person qualified under the law shall be elected to each new judgeship created herein, to assume office September 1, 1978, and to hold office until September 1, 1982, or until his successor is elected and qualified. Beginning with the regular election of judicial officers in August 1982, and every eight (8) years thereafter a qualified person to succeed to each such judgeship shall be elected for a term of eight (8) years.

SECTION 5. The judges of the Seventh and Eighth Divisions of the Criminal Court of Shelby County shall have the same qualifications, 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 judge presiding over Division 1 to charge the Grand Jury, but in his absence or disqualification, this may be done by any division judge, proceeding subsequently through each division until a judge qualified to charge the jury is found. The Grand Jury shall report all bills of indictment or presentment to the Judge of Division 1.

SECTION 7. This act shall not affect the office, duties or compensation of the present Attorney General of the Criminal Court of Shelby County or his successors in office, who shall hold 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. The present Attorney General of the Criminal Court of Shelby County and his successors in office shall be the Attorney General of all eight divisions of the Criminal Court, and shall perform all of the duties with respect to the eight divisions of the court as are now required by law to be performed by him as Attorney General of the Criminal Court of Shelby County.

SECTION 8. The minutes of the eight divisions of the court shall be kept in separate books, the same to be numbered as the divisions. The minutes of each division shall be signed by the judge presiding therein, except in case of inter-changes regularly made.

SECTION 9. The County Court of Shelby County shall furnish all books and necessary supplies for the criminal court, and shall also furnish for the eight divisions of the court separate rooms, but as near together as may be convenient, and the sheriff of Shelby County shall, in person or by deputy, attend each division of the Criminal Court when in session.

SECTION 10. This act shall not affect the office, duties, or compensation of the present Clerk of the Criminal Court of Shelby County or his successors in office, who shall hold the office with all its powers, duties and responsibilities during the term for which he is elected, and until his successor shall be elected and qualified. The clerk shall, in person or by deputy, attend each division of the court when in session, and shall be known as the "Clerk of the Criminal Court of Shelby County, Divisions 1, 2, 3, 4, 5, 6, 7, and 8," and as clerk of this court shall place all cases upon the respective dockets and set them for trial in each division of the court.

SECTION 11. This act shall take effect September 1, 1976.

Passed: March 11, 1976.