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PDF versionSECTION 1. This act is local in effect and becomes effective in a particular county upon approval by a two-thirds vote of the County Board of Commissioners or other legislative body of any county approving this act.
SECTION 2. Effective September 1, 1982 there is hereby created and established six (6) additional divisions to the General Sessions Court of any county to which this act applies to be designated as Division VII, Division VIII, Division IX, Division X, Division XI, and Division XII, respectively. Such divisions shall hold court in the county seat and the county shall defray the expenses thereof from the general fund of such county.
There is created an additional division to the general sessions court of any county to which this act applies. The additional division shall have the same terms of court, the jurisdiction and powers as are now exercised by General Sessions Court of Shelby County, and in addition shall have the exclusive jurisdiction to hear and decide cases involving alleged violations of county ordinances, including alleged violations of environmental ordinances. The court shall hereinafter be referred to as the county’s environmental court. The additional division shall hold court in the county seat and the county shall defray the expenses thereof from the county general fund.
The office, powers, duties and responsibilities of the clerk of the general sessions court shall be enlarged to include the work of the additional division, and the clerk, or his designee, shall attend the additional division when it is in session.
The District Attorney General of the 30th Judicial Circuit is hereby granted the power and authority to appoint a sufficient number of assistants to serve at the will and pleasure of such district attorney general in order to serve the additional division of the general sessions court of the county. Compensation of such assistants shall be determined by the mayor of the county with the approval of the county board of commissioners. Compensation of such assistants shall be paid from the general fund of the county in such periodic installments as shall be fixed by the county board of commissioners. There is created an additional division to the General Sessions Court of any county to which this act applies. The additional division shall have the same terms of court, the jurisdiction and powers as are now exercised by the General Sessions Court of Shelby County.
The additional division shall hold court in the county seat and the county shall defray the expenses thereof from the county general fund.
The General Sessions Criminal Court judges shall, by majority vote, designate one (1) division of the court as a drug court for the primary purpose of monitoring treatment of drug and alcohol abusers. Any misdemeanors involving illegal possession of drugs or drug paraphernalia may be assigned to the designated drug court along with related misdemeanors involving the same defendant. Those defendants charged with felony drug offenses shall have their General Sessions Court appearances in the designated drug court.
On recommendation of the District Attorney General, any defendant charged with any such misdemeanor that does not involve violence or physical injury to a victim or victims may be referred for evaluation and assessment of drug and alcohol abuse. If the evaluation indicates drug or alcohol abuse and defendant is assessed to be a good candidate for treatment for drug and alcohol abuse, the judge of the designated drug court may assign the defendant to a treatment program.
Drug or alcohol abuse is defined as use of a controlled substance, alcohol or drug with addictive potential to the extent that the user has lost the ability of self-control or to the extent that the health, safety or welfare of the user or that of others is substantially impaired or endangered.
The office, powers, duties, and responsibilities of the clerk of the General Sessions Court shall be enlarged to include the work of the additional division, and the clerk, or his designee, shall attend the additional division when it is in session.
The District Attorney General shall appoint three (3) assistants to serve the additional division of the General Sessions Court and the cost of such positions shall be paid solely from local funds. No state funds shall be expended to fund such positions or related expenses. Such assistants shall serve at the pleasure of the District Attorney General. There shall be no increase in the amount of the state grant for public defenders to implement the provisions of this act.
Compensation of such assistants shall be determined by the mayor of the county with the approval of the County Board of Commissioners. Compensation of such assistants shall be paid from the general fund of the county in such periodic installments as shall be fixed by the County Board of Commissioners.
| As amended by: | Public Acts of 1991, Chapter 426 |
| Public Acts of 1999, Chapter 365 |
SECTION 3. (a) The General Sessions Court divisions created by this act shall be criminal divisions and shall have the same jurisdiction, powers and authority exercised by the present divisions of the County General Sessions Court in criminal cases. Such jurisdiction, powers and authority shall vest in such additional divisions on September 1, 1982.
(b) The presiding or senior judge of the Criminal Courts in any county to which this act applies, shall, whenever the criminal caseload in such county warrants, or whenever a majority of the judges hearing criminal cases in such county petitions him to do so, designate division of the General Sessions Court hearing civil cases to hear criminal cases until the caseload is sufficiently reduced.
(c) The Executive Secretary of the Tennessee Supreme Court shall, upon the request of the County Commission of any county to which this act applies, temporarily assign one (1) or more General Sessions Court Judge assigned to the criminal division to sit as Judge of a Special Division of the Criminal Court of any county to which this act applies. When so sitting as Judge of a Special Division of Criminal Court, such judge shall have the same jurisdiction, powers, and authority as a Criminal Court Judge in such county.
SECTION 4. For the effectual exercise of its power, the General Sessions Court is vested with the same power to punish for contempt as possessed by the Circuit Courts of the State of Tennessee.
SECTION 5. The right of appeal from the judgment of such court shall be the same as provided by law for persons aggrieved by the judgment rendered in a criminal action by a Court of General Sessions.
SECTION 6. The judges of all divisions of such court shall adopt such rules as may be necessary to expedite the trial and disposal of cases. In all matters the costs and fees of the additional divisions of the General Sessions Court shall be the same as is currently provided for the General Sessions Court in such county.
The fees and other compensation of the sheriff, his deputies, game wardens, and state highway patrolmen for the execution of writs and process and the attendance and mileage of witnesses shall be the same in such court as those provided by law for the Courts of General Sessions.
The fees and compensation due for services rendered by the General Sessions Court shall be paid to the clerk of such court and by him accounted for as hereinafter provided. Such costs, fees, and a mileage of witnesses, the fees, commissions and emoluments of the sheriff, his deputies, game wardens, state highway patrolmen and other officers for services to the court, the fines, and forfeitures adjudged by the court, and all other funds coming into the hands of the clerk, shall be handled, accounted for, and disbursed by the clerk in the manner provided by law for clerks of courts of general sessions.
SECTION 7. There shall be kept a criminal docket in which there shall be entered the disposition of all cases disposed of by the General Sessions Court, which docket shall show the date of disposition, the case number, the name of the defendant, the charge against him, and the disposition of the case.
SECTION 8. Effective September 1, 1982 the offices of General Sessions Court Judge of Division VII, VIII, IX, X, XI and XII, respectively, are created. For the purpose of qualifying and running for election to such offices at the August 1982 general election, such offices are created upon approval of this act by the county legislative body of any county to which it applies.
There shall be one (1) judge for each division of the General Sessions Court with the same qualifications and term of office as provided by the Constitution of Tennessee for judges of inferior courts.
The office of general sessions judge of the additional division is created. The first judge of the additional division of the general sessions court of any county to which this act applies shall be elected by the board of commissioners of the county. In the regular August 1992 election some person, qualified by law, shall be elected judge of the additional division, shall take office on September 1, 1992, and shall hold office until September 1, 1998. At the regular August election in 1998 some person, qualified by law, shall be elected judge of additional division for a full term of eight (8) years and thereafter the office shall be filled at the same time, for the same term, and in the same manner as the other divisions of the general sessions court of the county. The judge of such additional division shall exercise all of the powers and receive the same compensation as do the other general sessions judges of the county. In addition to other powers granted herein, the judge of the additional division is hereby granted the power to issue injunctions, both mandatory and prohibitory, such power to be exercised as provided for in Rule 65 of the Tennessee Rules of Civil Procedure and is hereby empowered to order any defendant found guilty of violating any ordinance relating to health, housing, fire, land subdivision, building or zoning to correct such violation at the defendant’s own expense. The judge of the additional division shall devote all of this working time to the duties of his office and shall not engage in the practice of law during the tenure of his office. In all cases involving the alleged violation of any ordinance relating to health, housing, fire, land subdivision, building or zoning, the judge of the additional division shall have the power to appoint masters in aid of the Court. The appointment, powers and duties of such master shall be as set forth in Rule 53 of the Tennessee Rules of Civil Procedure.
The judge of the additional division shall have the power to punish any person for contempt who, having been ordered to correct a violation of any county ordinance relating to health, housing, fire, land subdivision, building or zoning, willfully fails to obey such order within the designated day and at the designated time as given by such court order. The punishment for contempt in each such case is limited to a fine of fifty dollars ($50.00) and imprisonment not exceeding five (5) days for each such violation.
Notwithstanding any provision of law to the contrary, the judge of such additional division of the county general sessions court shall have the jurisdiction to try and dispose of violations of municipal ordinances pursuant to the terms of an intergovernmental agreement between he city government and the county government; provided, that a certified copy of all ordinances of the city to be enforced pursuant to such intergovernmental agreement shall have been filed with the judge of the division. The judge shall direct the clerk of the general sessions court that all fines collected pursuant to judgments rendered in cases of city ordinance violations shall be paid over to the city and all court costs provisions of Tennessee Code Annotated, Section 16-15-703(d), to help administer the cost of enforcement, provided that reasonable costs have been set by ordinance of the city.
When court convenes each morning, the prosecuting attorney shall announce to the court the cases in which the defendant wishes to enter a guilty plea. The cases of all defendants who wish to enter a guilty plea, whether pursuant to a plea agreement or otherwise, shall be immediately transferred to the two (2) divisions reserved to accept guilty pleas on that day. All other cases shall remain in their respective assigned divisions for disposition unless transferred for trial to another available division of court.
When court convenes each morning, the prosecuting attorney shall announce to the court the cases in which the defendant wishes to enter a guilty plea. The cases of all defendants who wish to enter a guilty plea, whether pursuant to a plea agreement or otherwise, shall be immediately transferred to the two (2) divisions reserved to accept guilty pleas on that day. All other cases shall remain in their respective assigned divisions for disposition unless transferred for trial to another available division of court.
If any division assigned to accept guilty pleas completes the disposition of all such cases transferred to it, such division shall then commence to accept and hear contested cases from the other divisions.
In addition to the qualifications prescribed above, all such judges of the General Sessions Court shall be learned in the law, which shall be evidenced by the judge being licensed to practice law in the courts of Tennessee.
The oath of office shall be the same as that prescribed for circuit judges and chancellors and shall be taken and filed in the same manner and with the same officers as prescribed for circuit judges and chancellors.
Each judge of the General Sessions Court shall devote all of his working time to the duties of his office and shall not engage in the practice of law during his tenure of office.
The office of General Sessions Judge of the additional division is created. The first judge of the additional division of the General Sessions Court of any county to which this act applies shall be elected by the Board of Commissioners of the county. At the regular August election in 2000, some person, qualified by law, shall be elected judge of the additional division, shall take office on September 1, 2000, and shall hold office until September 1, 2006. Notwithstanding the provisions of any law to the contrary, the person elected by the board of commissioners of the county to serve as interim judge of such additional division shall be ineligible to seek election to the office of general sessions judge of such additional division at the regular August election in 2000. At the regular August election in 2006, some person, qualified by law, shall be elected judge of the additional division for a full term of eight (8) years and thereafter the office shall be filled at the same time, for the same term, and in the same manner as the other divisions of the General Sessions Court of the county. The judge of such additional division shall exercise all of the powers and receive the same compensation as do the other General Sessions Judges of the county. The judge of the additional division shall devote all of his working time to the duties of his office and shall not engage in the practice of law during the tenure of his office.
| As amended by: | Public Acts of 1983, Chapter 34 |
| Public Acts of 1983, Chapter 120 | |
| Public Acts of 1991, Chapter 426 | |
| Public Acts of 1999, Chapter 365. |
SECTION 9. The compensation of such judges shall be the same as that provided by law for judges of the Courts of General Sessions of any county having a metropolitan form of government and shall be paid in equal monthly installments out of the general fund of the county.
SECTION 10. (a) If the judge of any division of such court fails to attend, cannot preside at any pending case or for any reason hold court, a majority of the lawyers present in such court may elect one of their number who has the qualifications of such a judge and when elected shall take the same oath and have the same authority to hold the court for the occasion as a regular judge.
(b) Where the judge finds it necessary to be absent from holding court, he may designate in writing, to be filed with the clerk of the court, the name of a special judge to hold court in his place and stead. Such special judge shall be a person who has the qualifications of a regular judge and shall take the same oath and have the same authority to hold office for the occasion as a regular judge. If the judge fails to make such a designation, subsection (a) of this section shall become operative.
SECTION 11. The judges of the divisions of such court may interchange with each other, and may by rule provide for the transfer of cases from one division to another. Any General Sessions Judge assigned to hear criminal cases may, during the term of such assignment and by agreement of the respective judges, sit by interchange with any criminal court judge of the counties to which this act applies.
SECTION 12. The county shall furnish the necessary supplies for the General Sessions Court and shall furnish each division of such court with a suitable and separate courtroom. The sheriff of the county shall in person or by deputies attend all divisions of the General Sessions Court.
SECTION 13. Such deputy clerks and assistants to the clerk as may be necessary for the proper operation and administration of the duties of the office of clerk of the General Sessions Court shall be appointed and their compensation fixed in the same manner as is now provided by law for the appointment of and fixing of compensation for deputy criminal court clerks upon petition by the clerk to a judge of the circuit court.
SECTION 14. The sheriff shall designate a sufficient number of court officers to wait on the additional divisions of the General Sessions Court at all times it is in session.
SECTION 15. The District Attorney General of the judicial circuit within a county to which this act applies is hereby granted the power and authority to appoint a sufficient number of assistants to serve at the will and pleasure of such District Attorney General in order to serve such additional divisions of the General Sessions Court.
The compensation of such assistants shall be determined by the county executive with the approval of the legislative body of such county.
The compensation of such assistants shall be paid from the general fund of the county in such periodic installments as shall be fixed by the legislative body of such county.
SECTION 16. Any judge of any court created by this act who fails to abide by the provisions of this act shall be guilty of a misdemeanor in office and punished accordingly.
SECTION 17. The provisions of this act shall be applicable to counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census.
SECTION 18. [Deleted by Public Acts of 1983, Chapter 36].
SECTION 19. Nothing in this act shall be construed to authorize or permit the expenditure of state funds for the courts or personnel authorized by this act.
SECTION 20. Notwithstanding any other provisions of law or private acts to the contrary, the method of adjusting the base salary of a General Sessions Judge shall be established by Tennessee Code Annotated, Section 8-23-103, and shall be the exclusive method by which such salary is adjusted during such judge's term of office and this section shall be construed as repealing any other method of adjusting General Sessions Judges salaries provided by general law or private act.
SECTION 21. The additional division of General Sessions Court created by Section 2 of this act and the additional General Sessions Judge established by Section 8 of Chapter 772, as amended, shall expire on September 1, 2006, unless affirmatively extended for a period of time by a two-thirds (2/3) vote of the County Legislative Body. Upon any expiration, the General Sessions Criminal Court Judges shall no longer be required to designate one (1) division as a drug court as required by this act.
| As amended by: | Public Acts of 1999, Chapter 365 |
SECTION 22. If any provision 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 this act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 23. This act shall take effect upon becoming a law, the public welfare requiring it.
Passed: April 8, 1982.
The Secretary of State advises that this Act was locally approved as required on May 3, 1982.