8-1-101. Date governor's oath of office taken.

The governor shall take the oath of office on the first Saturday following the fourteenth day of January next following the governor's election, after the commencement of the organizational session of the general assembly as established by the Constitution of Tennessee, Article II, § 8.

Acts 1979, ch. 355, § 1.

Cross-References. Inauguration of governor, Tenn. Const., art. II, § 8.

Resignation, transmittal, § 8-48-103.

Law Reviews.

Be a Liar or You're Fired! First Amendment Protection for Public Employees Who Object to Their Employer's Criminal Demands, 66 Vand. L. Rev. 1541 (2013).

Constitutional Law — The First Amendment Retaliation Doctrine — A Public Employee's Rights Regarding Perceived Political Association Retaliation, 81 Tenn. L. Rev. 367 (2014).

8-1-102. Compensation.

The salary of the governor shall be the same as the chief justice of the supreme court payable, in equal monthly installments out of the state treasury on warrant, which compensation shall be in full for services as governor. The salary shall not include upkeep on the governor's residence or such necessary traveling expenses as the governor may incur on behalf of the state. No fees of any kind or character shall attach to the office of governor or in relation to the operation of the office.

Acts 1893, ch. 6, § 3; Shan., § 241; Code 1932, § 183; Acts 1945, ch. 1, § 1; 1949, ch. 1, § 1; C. Supp. 1950, § 183; Acts 1961, ch. 156, § 1; 1968, ch. 622, §§ 1, 2; 1972, ch. 526, § 3; T.C.A. (orig. ed.), § 8-101; Acts 1986, ch. 752, § 1; 2006, ch. 982, § 1.

Cross-References. Compensation of governor not to be increased or decreased during term of office, Tenn. Const., art. III, § 7.

Governor to receive compensation, Tenn. Const., art. III, § 7.

Attorney General Opinions. Adjusting the governor's salary to equal that of the chief justice would not violate Tenn. Const., art. III, § 7, OAG 07-138, 2007 Tenn. AG LEXIS 138 (9/25/07).

8-1-103. Private secretary.

There shall be a private secretary to the governor who shall be appointed by the governor and shall be a resident and citizen of Tennessee.

Acts 1893, ch. 134, § 1; Shan., § 239; Code 1932, § 181; T.C.A. (orig. ed.), § 8-102.

8-1-104. [Obsolete.]

Code Commission Notes.

This section (Acts 1893, ch. 134, § 2; Shan., § 240; mod. Code 1932, § 182; Acts 1937, ch. 33, § 29; impl. am. Acts 1937, ch. 107, § 2; mod. C. Supp. 1950, § 182; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-103), concerning the private secretary's salary, is deemed by the Code Commission to be obsolete.

8-1-105. Administrative assistants to governor.

The governor is empowered to appoint two (2) persons to be known as administrative assistants, to aid the governor in the performance of additional duties of the office. These administrative assistants shall hold office at the pleasure of the governor and perform such duties as may be delegated to them by executive order of the governor or otherwise. An administrative assistant may also be the head of a department of the state government; provided, that the administrative assistant's total salary shall be fixed commensurate with the services rendered.

Acts 1937, ch. 33, § 75a, as added by Acts 1939, ch. 11, § 43; C. Supp. 1950, § 255.87 (Williams, § 255.80a); T.C.A. (orig. ed.), § 4-342.

8-1-106. Contingent expenses of executive department.

The following contingent expenses of the executive department shall be a charge upon the state treasury:

1. Such sums of money as may be necessary to defray the expenses attendant on exchanging laws and documents with the several states of the union;
2. Such sums of money as may be necessary to provide stationery for the governor's and secretary's offices, and postage and expressage on public letters and documents;
3. An amount to pay for cleaning the public arms of the state and keeping them in good serviceable order; and
4. Such sums of money as may be requisite to defray the expenses of all messengers and messages which it may be necessary for the governor to dispatch.

Code 1858, § 191 (deriv. Acts 1811, ch. 85, §§ 1, 3; 1813, ch. 79, § 1; 1853-1854, ch. 266, § 1); Shan., § 238; mod. Code 1932, § 180; T.C.A. (orig. ed.), § 8-104.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

8-1-107. Succession to office.

Whenever a vacancy exists in the office of governor from death, resignation or other cause, creating a vacancy therein, and there is no speaker of the senate nor speaker of the house at such time, then and in that event the secretary of state shall become governor, and in case of the death or resignation of the secretary of state, then the comptroller of the treasury shall become governor.

Acts 1941, ch. 99, § 1; C. Supp. 1950, § 187.1; T.C.A. (orig. ed.), § 8-105.

Cross-References. Lieutenant governor, succession to office of governor, § 8-2-101.

Succession to office of governor, Tenn. Const., art. III, § 12.

8-1-108. Power to forbid starting of fires during drought — Violation.

1. During periods of extreme drought in this state, or in any area of the state, the governor is hereby authorized and empowered to issue proclamations forbidding the starting of any open air and unconfined fire on or near woodlands where dangerous fire hazards exist during the period of such drought.
2. If the governor issues a proclamation pursuant to this section, anyone igniting an open air or unconfined fire in violation of the proclamation commits a Class A misdemeanor.

Acts 1963, ch. 27, § 1; T.C.A., § 8-106; Acts 1988, ch. 653, § 1; 1989, ch. 591, §§ 1, 6.

Cross-References. Controlled burns, burning woods, § 68-102-146.

Leaving fire near woodland controlled, § 39-14-305.

Penalty for Class A misdemeanor, § 40-35-111.

Reckless burning, § 39-14-304.

Setting fire to land, § 39-14-303.

Setting fires at certain times without permit, § 39-14-306.

8-1-109. Governor to sign certain documents — Power of attorney for purpose of affixing governor's signature.

1. The governor shall personally affix the governor's signature to bills, joint resolutions, executive orders or veto messages, and to reprieves, pardons and commutations.
2. 1. In the event the governor is physically incapacitated due to health or is out of the state on official business and is unable to sign those items enumerated in subsection (a), the governor may authorize a power of attorney to an individual for a specified period of time for the purpose of affixing the governor's signature to such items.
   2. If the governor is physically incapacitated due to health and unable to sign such items, the power of attorney shall be accompanied by a physician's affidavit that the governor is physically incapacitated due to health and is unable to personally sign such items.
   3. The power of attorney shall only be for the affixing of the governor's signature and not for the decision of approval or nonapproval of such items. It is the express intent of this section that the governor may delegate only the affixing of the governor's signature and not the decision of approval or nonapproval of such items.

Acts 1979, ch. 124, § 1; T.C.A., § 8-1-110.

8-1-110. Criminal justice agency statistics.

1. Notwithstanding any other law to the contrary, the governor may designate an agency to coordinate the gathering, analysis and dissemination of state and local criminal justice agency statistics for the purpose of providing the governor, general assembly, and state and local criminal justice agencies with relevant and timely criminal justice data and information.
2. As used in this section, “criminal justice agency” includes all state, county and municipal law enforcement agencies, the office of attorney general and reporter, the offices of the district attorneys general, the offices of municipal prosecutors, all state and local courts, all state, county and municipal correctional agencies, and all state and local agencies or entities charged by law with the responsibility of reviewing or monitoring any or all aspects of the criminal justice system.

Acts 1985 (1st Ex. Sess.), ch. 5, § 22.

Cross-References. Information from clerks, superintendents, and jailers, § 4-6-145.

8-1-111. Appointment of senior citizens and racial minorities to governing or advisory entities of the executive branch.

In appointing citizens to serve on boards, commissions, committees, and other governing or advisory entities of the executive branch of state government, the governor shall strive to ensure that at least one (1) such citizen serving on each such board, commission, committee, or other governing or advisory entity is sixty (60) years of age or older and that at least one (1) such citizen serving on each such board, commission, committee, or other governing or advisory entity is a member of a racial minority.

Acts 1988, ch. 1013, § 76.

Part 2
Transition Act Of 1970

8-3-101. Election — Term of office.

A secretary of state shall be elected by joint vote of the general assembly, and commissioned for a term of four (4) years.

Code 1858, §§ 194, 812 (deriv. Const. 1834, art. 3, § 17); Shan., §§ 242, 1136; Code 1932, §§ 188, 1903; T.C.A. (orig. ed.), § 8-301.

Cross-References. Appointment, duties of secretary of state, Tenn. Const., art. III, § 17.

Constitutional provisions, Tenn. Const., art. III, § 17.

Department of state, duties, § 4-3-2101.

Fees for services, title 8, ch. 21, part 2.

Impeachment, title 8, ch. 46.

Officers commissioned, § 8-18-106.

Salary, § 8-23-101.

Succession to governorship, § 8-1-107.

8-3-102. Complaint regarding annexation by municipality — Administrative hearing.

1. If a dispute arises between an individual property owner and a municipality as to whether a property has been annexed by the municipality, the individual property owner or the municipality may file a complaint against the opposing party with the secretary of state to determine whether the person's property has been annexed by a municipality. The burden of proof shall be on the municipality to prove annexation of the subject property by a preponderance of the evidence.
2. Within ten (10) days of the filing of the complaint, the secretary of state shall appoint an administrative judge from the administrative procedures division of the secretary of state's office who shall set an administrative hearing to be held under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, within ninety (90) days of the date of filing the complaint, unless for good cause shown that a later time is deemed necessary. Notwithstanding other law to the contrary, the secretary of state or the secretary of state's designee has the authority to render a final order following entry of an initial order by the administrative judge. Such order shall be appealable as provided by § 4-5-322.
3. Once a complaint has been filed under subsection (a), the municipality shall file with the administrative procedures division within twenty (20) days of the filing of the complaint, all annexation ordinances of the municipality and all results of referendums on annexation held within the municipality that are specific to the annexation of the subject property.
4. If the final order includes a finding that the subject property has not been annexed, any property taxes paid by the individual property owner to the municipality shall be reimbursed to the individual property owner, with interest.

Acts 2017, ch. 385, § 1.

Compiler's Notes. Former § 8-3-102 (Code 1895, § 195 (deriv. Acts 1796 (Mar.), ch. 2, § 1); Shan., § 243; Code 1932, § 189; T.C.A. (orig. ed.), § 8-302), concerning surety bonds of the secretary of state, was repealed by Acts 1980, ch. 887, § 9. For present law, see § 4-4-108.

Effective Dates. Acts 2017, ch. 385, § 2. May 18, 2017.

8-3-103. Oath of office.

The secretary of state shall also take an oath to support the Constitutions of Tennessee and of the United States, and an oath that such person will faithfully execute the duties of the office.

Code 1858, § 196 (deriv. Acts 1796 (Mar.), ch. 2, § 1); Shan., § 244; Code 1932, § 190; T.C.A. (orig. ed.), § 8-303.

Cross-References. Administration and filing of oath, §§ 8-18-107 — 8-18-114.

8-3-104. Duties.

It is the duty of the secretary of state to:

1. Keep the secretary of state's office at the seat of government;
2. Keep a fair register of all the official acts and proceedings of the government;
3. Lay the same, when required, and all papers, minutes, and vouchers relating thereto, before the general assembly at each session;
4. Cause the original acts and resolutions of the general assembly, that are enrolled and filed in the secretary of state's office, to be bound together, and preserved in that form in such office;
5. Make out and deliver to the printer, for publication, attested copies thereof as soon after receiving them as conveniently may be, and collate the printed copies with the originals; provided, that resolutions of the general assembly shall be published in accordance with title 12, chapters 5 and 6;
6. Receive and safely keep all official bonds directed by law to be lodged in the secretary of state's office, record the same in books for that purpose, give attested copies thereof agreeably to law, and lay such bonds and such record before the general assembly when required;
7. Issue a summons, under the secretary of state's hand and the seal of the state, to each public officer who is required by law to enter into bond payable to the state of Tennessee for the performance of official duty, and who has failed and neglected to forward the same, as required by law, commanding such officer to deposit such bond in the office of the secretary of state;
8. Make out all commissions to be issued by the governor and, when signed by the governor but not before, affix to them the seal of the state;
9. Affix the seal of the state to any other instrument or act when authorized by the governor, but not otherwise;
10. Give to any person requiring the same, and paying lawful fees, an attested copy of any act, record, or paper in the secretary of state's office, except papers relating immediately to the executive department, and, in the governor's judgment, requiring secrecy;
11. Examine and adjust any account presented against the secretary of state's office for freight, storage, and other necessary charges on books and documents transmitted from other states of the union for the use of this state, and certify the same to be just and true, as adjusted;
12. Record in the secretary of state's office titles to the state;
13. Preserve carefully in the secretary of state's office all copies of the records of the boundaries of civil districts forwarded to the secretary of state by the county clerks;
14. Furnish the commissioner of revenue on the first day of each month a list of all new corporations that have been licensed or authorized to operate in this state during the preceding month; and
15. Furnish the commissioner of revenue on the first day of each month a list of all corporations that have surrendered their charters or have ceased to do business in this state during the preceding month.

Code 1858, § 197 (deriv. Acts 1796 (Mar.), ch. 3, §§ 1-4, 6, 11; 1823, ch. 18, § 1; 1835-1836, ch. 1, § 6; 1841-1842, ch. 123, § 1; 1843-1844, ch. 135, § 1); Shan., § 245; Acts 1923, ch. 72, §§ 2, 3; Code 1932, § 191; Acts 1947, ch. 106, § 3; mod. C. Supp. 1950, § 191; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-304; Acts 1981, ch. 109, § 1.

Cross-References. Accounting for fees, §§ 8-22-118 — 8-22-121.

Annual report, § 4-4-114.

Bonds of state and county officers, filing, §§ 8-19-101, 8-19-116 — 8-19-119.

Borrowing money on the faith and credit of the state prohibited, § 9-1-102.

Deeds conveying surplus state park lands, attested by, § 11-3-109.

Department of state, duties, § 4-3-2101.

Distribution of publications, title 12, ch. 6.

Duties of secretary of state, Tenn. Const., art. III, § 17.

Election returns, comparison, § 2-8-110.

Housing authorities, application, filing and recording with, § 13-20-506.

Insurance companies, cancellation of charter upon failure to notify commissioner of revenue of death of insured, § 67-8-424.

Interest on taxes, licenses and fees, publication of rates, § 67-1-801.

Oaths to be filed, § 8-18-108.

Officers commissioned, § 8-18-106.

Private acts, duties, title 8, ch. 3, part 2.

Public calculation and comparison of votes, certificate of election, § 2-8-110.

Seal, providing for commissioner of financial institutions, § 45-1-112.

Watershed district petitions, action on, title 69, ch. 6.

Attorney General Opinions. Failure of bill to pass on three different days, OAG 98-0140, 1998 Tenn. AG LEXIS 140 (8/7/98).

Secretary of state's non-discretionary duty to publish laws, OAG 98-0140, 1998 Tenn. AG LEXIS 140 (8/7/98).

8-3-105. Office of assistant secretary — Appointment.

1. There is created the office of assistant secretary of state who shall serve as secretary of state during any emergency when the regular secretary of state is disabled or disqualified from performing the duties of the office.
2. If the general assembly is not in session when such emergency exists, the governor shall appoint such assistant secretary of state to serve until the general assembly convenes, at which time the general assembly shall elect the assistant in the event the emergency then continues. If the general assembly is in session when the emergency commences, the assistant secretary of state shall be elected by the joint vote of the general assembly.

Acts 1949, ch. 120, § 1; C. Supp. 1950, § 191.1; T.C.A. (orig. ed.), § 8-305.

8-3-106. Acting during emergency.

1. In no event shall the person appointed as assistant secretary of state serve as such except during the existence of the emergency, and the governor shall determine when such emergency exists and when it terminates and shall so declare.
2. The action of the governor in declaring the existence of an emergency shall be subject to review by writ of certiorari.

Acts 1949, ch. 120, §§ 1, 2; C. Supp. 1950, §§ 191.1, 191.2 (Williams, § 191.1); T.C.A. (orig. ed.), § 8-306.

8-3-107. Powers and duties of assistant secretary.

Such person appointed or elected as assistant secretary of state shall possess all the qualifications required of the secretary of state and shall file such bond as is required to be filed by the secretary of state under the statutes, and shall take the oath of office prescribed by statute for the secretary of state, and shall serve only during the continuance of the emergency as determined by the governor and shall be paid such compensation as the governor may fix, but in no event shall the compensation so fixed exceed that prescribed by law for the duly elected secretary of state.

Acts 1949, ch. 120, § 2; C. Supp. 1950, § 191.2 (Williams, § 191.1); T.C.A. (orig. ed.), § 8-307.

Cross-References. Oath of office, §§ 8-3-103, 8-18-107 — 8-18-114.

8-3-108. Donations for publication of the Tennessee Blue Book.

1. The secretary of state is authorized to accept donations from persons, political subdivisions, foundations, corporations, firms or any other business entity for the express purpose of publishing the Tennessee Blue Book. The secretary of state shall control all aspects of the publication and distribution of the book, including, but not limited to, complete editorial control, quantity published and distribution. No benefactor shall have authority to interfere with any aspect of development, publication, quantity published or distribution of the book.
2. The secretary of state will determine the amount of money needed to publish the quantity desired and shall have the sole authority to select the benefactor or benefactors. The funds received shall be used for the publication and distribution of the book. Such funds shall not revert to the general fund but shall be carried forward to the next fiscal year and remain available to the secretary of state until expended for the publications and distribution of future editions. None of these funds shall be used for the payment of employees' salaries.
3. Acknowledgement of the chosen benefactors shall be included in the preface of the book. An appropriate acknowledgement shall be given based on the generosity of the benefactor. Acknowledgement shall be in the form of a letter from the secretary of state acknowledging the gift in a separate listing in the preface of the book. Notwithstanding any law to the contrary, a benefactor shall have the first option of being chosen as the benefactor or benefactors of the next edition of the Tennessee Blue Book.
4. The secretary of state shall maintain a list of all benefactors that shall include names, addresses and the amount of the benefactor's donation. Such a list shall be open and available to public inspection.

Acts 2003, ch. 355, § 55.

Compiler's Notes. Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Part 2
Ascertaining Action on Local or Private Acts

8-4-101. Election — Term of office.

There shall be a comptroller of the treasury, who shall be elected by joint vote of both houses of the general assembly, and hold such office for two (2) years, and until a successor shall be elected and qualified.

Code 1858, §§ 199, 812 (deriv. Acts 1835-1836, ch. 12, § 1); Shan., §§ 248, 1136; Code 1932, §§ 192, 1903; T.C.A. (orig. ed.), § 8-401.

Cross-References. Election and term, Tenn. Const., art. VII, § 3.

Impeachment, Tenn. Const., art. V, § 4; title 8, ch. 46.

Officers commissioned, § 8-18-106.

Salary, § 8-23-101.

Succession to governorship, § 8-1-107.

Law Reviews.

The Contempt Powers of Tennessee Courts (E. Michael Ellis), 37 Tenn. L. Rev. 538 (1971).

8-4-102. Examination of incumbent's accounts.

Previous to the convening of each biennial general assembly, the speaker of the senate and the speaker of the house jointly may contract for the services of an independent public accounting firm to audit or review the operations of the office of the comptroller of the treasury, or may call upon the director of the division of state audit to review with them a current audit of the comptroller of the treasury. The speakers may appoint a committee of the general assembly for the purpose of such review.

Code 1858, § 200 (deriv. Acts 1841-1842, ch. 93); Shan., § 249; Code 1932, § 193; Acts 1977, ch. 4, § 1; T.C.A. (orig. ed.), § 8-402.

8-4-103. [Repealed.]

Acts 2007, ch. 401, § 1; 2012, ch. 604, § 7; 2013, ch. 236, § 5; 2016, ch. 743, § 15; repealed by Acts 2017, ch. 12, § 1, effective March 24, 2017; 2017, ch. 94, § 24.

Compiler's Notes. Former § 8-4-103 (Code 1858, §§ 201, 202 (deriv. Acts 1835-1836, ch. 12, § 1; 1849-1850, ch. 103, § 3); Shan., §§ 250, 252; mod. Code 1932, §§ 194, 196; T.C.A. (orig. ed.), § 8-403) relating to surety bond of the comptroller was repealed by Acts 1980, ch. 887, § 9. For present law, see § 4-4-108.

Former § 8-4-103 concerned performance audit for energy conservation, production and security.

Acts 2017, ch. 94, § 24 purported to amend this section but it was previously repealed by Acts 2017, ch. 12, § 1, effective March 24, 2017.

8-4-104. Oath of office.

The comptroller of the treasury shall take an oath, before a judge of the circuit, chancery, appeals or supreme court, to support the Constitutions of Tennessee and of the United States, and an oath of office.

Code 1858, § 203 (deriv. Acts 1835-1836, ch. 12, § 1); Shan., § 253; Code 1932, § 197; T.C.A. (orig. ed.), § 8-404.

Cross-References. Administration and filing of oath, §§ 8-18-107 — 8-18-114.

8-4-105. Location of office.

The office of the comptroller of the treasury shall be kept at the seat of government.

Code 1858, § 205 (deriv. Acts 1835-1836, ch. 12, § 2); Shan., § 255; Code 1932, § 199; T.C.A. (orig. ed.), § 8-405.

8-4-106. Seal.

The comptroller of the treasury shall keep a seal, with the motto, “The Seal of the Comptroller of Tennessee.”

Code 1858, § 206 (deriv. Acts 1835-1836, ch. 12, § 3); Shan., § 256; Code 1932, § 200; T.C.A. (orig. ed.), § 8-406.

8-4-107. Interest in transactions prohibited.

The comptroller of the treasury shall not have any financial interest in the transactions of any department, institution, office, or agency of the state government.

Acts 1937, ch. 33, § 75; 1939, ch. 11, § 42; C. Supp. 1950, § 255.75 (Williams, § 255.80); T.C.A. (orig. ed.), § 8-411; T.C.A., § 8-407.

8-4-108. Duties generally.

1. The comptroller of the treasury shall perform all such services as may be required of the comptroller of the treasury by law or by resolution of the general assembly. The comptroller is authorized to provide such services to a county or other local government as may be requested by that entity and determined by the comptroller to be appropriate, and to charge that entity an administrative fee with respect thereto.(b)  This section shall not be construed either to extend or limit the authority of the division of property assessments with respect to taxpayer audits and reviews to the extent such authority exists under present law.

Code 1858, § 207 (deriv. Acts 1835-1836, ch. 12, §§ 4, 6-11, 13, 15, 16, 18, 19; 1835-1836, ch. 27, § 8; 1839-1840, ch. 160, §§ 2-9; 1841-1842, ch. 93; 1843-1844, ch. 69, § 1; 1843-1844, ch. 103, § 4; 1843-1844, ch. 136, § 2); Acts 1873, ch. 2, § 1; 1883, ch. 132, § 3; 1891 (1st Ex. Sess.), ch. 17, §§ 1, 2; 1899, ch. 395, § 1; 1907, ch. 541, § 5; 1907, ch. 602, § 77; Shan., § 257; impl. am. Acts 1923, ch. 109; mod. Code 1932, § 201; impl. am. Acts 1937, ch. 33, §§ 24, 29, 50, 51, 73; mod. C. Supp. 1950, § 201; modified; T.C.A. (orig. ed.), § 8-407; T.C.A., § 8-408; Acts 2001, ch. 63, § 1.

Cross-References. Accounting for fees, §§ 8-22-118 — 8-22-121.

Accounting powers of department of finance and administration, § 4-3-1007.

Bond of sheriff, custody of copy, § 8-8-103.

Bonds of county officers and employees, custody, § 8-19-102.

Bonds of state and county officials, form, duty, §§ 8-19-101, 8-19-111, 8-19-116 — 8-19-119.

Borrowing money on faith and credit of state prohibited, § 9-1-102.

Clerks of court bond, duty, § 8-19-203.

Demands on bonding companies by state agencies or employees, approval, § 8-19-502.

Department of audit, duties, title 4, ch. 3, part 3.

Determination of hospital per diem reimbursable cost of contracting hospitals, §§ 12-4-301 — 12-4-307.

Distribution of court reports, § 8-6-207.

Investigation by comptroller of alleged irregularities or discrepancies involving state revenue or funds, §§ 8-4-207, 8-4-208.

Office of local government, duties, title 4, ch. 16.

Powers of comptroller, determination of liability for state taxes and fees, title 67, ch. 1, part 13.

Powers of department of revenue, § 4-3-1903.

Treasurer, misappropriation of funds, duty to collect, § 8-5-112.

8-4-109. Audits of governmental entities — Implementation and reports by agency heads.

1. 1. The comptroller of the treasury shall keep no accounts in the department of audit, but shall conduct a continuous post audit of the accounts, books, records, and other evidences of financial transactions kept in the department of revenue, the state treasurer's office, or in the other departments, institutions, offices and agencies of the state government.
   2. The comptroller of the treasury is hereby authorized to audit any books and records of any governmental entity created under and by virtue of the statutes of the state which handles public funds when such audit is deemed necessary or appropriate by the comptroller of the treasury. The comptroller of the treasury shall have the full cooperation of officials of the governmental entity in the performance of such audit or audits.
2. When the comptroller of the treasury conducts an audit of the accounts, books, records, and other evidences of financial transactions of any department, agency, or institution of the state, it shall be the duty of the officer who is the administrative head of such department, agency, or institution to submit a corrective action plan to the comptroller of the treasury which addresses the actions taken, or to be taken, in response to each audit finding and related recommendations of the comptroller of the treasury relative to the effective and efficient management of such accounts, books, records, or other evidences of financial transactions. The corrective action plan shall provide the name or names of the contact person or persons responsible for the corrective action, the corrective action taken or planned, and the anticipated completion date. If the auditee does not agree with an audit finding or a related recommendation proposed by the office of the comptroller of the treasury, or believes corrective action is not required, the corrective action plan shall state the reasons and justifications for disagreement or belief. The corrective action plan shall be filed with the comptroller of the treasury no later than thirty (30) days after the issuance of the department, agency, or institution's audit report.
3. It shall be the duty of the officer who is the administrative head of such department, agency, or institution to report to the comptroller of the treasury, in writing, the action that has been taken to implement the recommendations of the comptroller of the treasury, or to state the reasons and justifications for disagreement with the recommendations proposed by the office of the comptroller of the treasury, six (6) months after the issuance of the department, agency, or institution's audit report.
4. In order to avoid repeat audit findings, the comptroller of the treasury shall at any time notify the chairs of the finance, ways and means, government operations, and fiscal review committees of the general assembly of any such department, agency, or institution's failure to timely implement such recommendations, to submit the report required by subsection (c), or to comply with its corrective action plan. Those committees may direct the department, agency, or institution to provide a written statement to the requesting committee explaining why full corrective action has not been taken. If a requesting committee determines that the written statement is not sufficient, that committee may require the department, agency, or institution to appear before the committee. If the committee determines that the department, agency, or institution has failed to take full corrective action for which there is no justifiable reason or has failed to comply with the committee's request, that committee shall take such steps as they deem necessary.

Acts 1937, ch. 33, § 73; 1939, ch. 11, § 41; C. Supp. 1950, § 255.73 (Williams, § 255.78); T.C.A. (orig. ed.), §§ 8-408, 8-422; impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 93, § 1; 1979, ch. 151, § 1; T.C.A., § 8-409; Acts 2017, ch. 20, §§ 1, 2.

Amendments. The 2017 amendment rewrote (b), which read, “When the comptroller of the treasury conducts an audit of the accounts, books, records, and other evidences of financial transactions of any department, agency, or institution of the state, it shall be the duty of the officer who is the administrative head of such department, agency, or institution to report to the comptroller of the treasury, in writing, the action that has been taken to implement the recommendations of the comptroller of the treasury relative to the effective and efficient management of such accounts, books, records, or other evidences of financial transactions, or to state the reasons and justifications for disagreement with the recommendations proposed by the office of the comptroller of the treasury. The time and procedure for filing such reports shall be prescribed by the comptroller of the treasury.”; rewrote (c) which read, “Upon the failure of such officer to timely implement such recommendations or to submit the report required by subsection (b), the comptroller of the treasury shall notify the chairs of the finance, ways and means committees of the general assembly, who shall review such failure to timely implement or report and shall take such steps as they deem necessary.”; and added (d).

Effective Dates. Acts 2017, ch. 20, § 3. March 24, 2017.

Cross-References. Summary of community grant agency violation notifications included within annual report, § 8-4-407.

8-4-110. Reports and recommendations.

1. The comptroller of the treasury shall prepare and publish a report, setting forth the essential facts of the post audit provided for in § 8-4-109 in summary form after the close of each fiscal year.
2. If the comptroller of the treasury finds, in the course of the audit, evidences of improper transactions, or of incompetence in keeping accounts or in handling funds, or of any other improper practice of financial administration, the comptroller of the treasury shall report the same to the governor immediately. If the comptroller of the treasury finds evidences of illegal transactions, the comptroller of the treasury shall forthwith report such transactions both to the governor and to the attorney general and reporter. All such evidences shall be included in the annual reports of the comptroller of the treasury, who has the discretion to make them public at any time during the fiscal year.
3. The comptroller of the treasury shall supply the members of the general assembly, when in session, with copies of all annual reports, and shall make recommendations for the elimination of improper financial practices and for the general improvement of the financial administration of the state.
4. In the discharge of these duties, the comptroller of the treasury shall exercise, as necessary, the authority granted the comptroller of the treasury elsewhere at law for performing investigations.

Acts 1937, ch. 33, § 73; C. Supp. 1950, § 255.73 (Williams, § 255.78); T.C.A. (orig. ed.), § 8-408; Acts 1963, ch. 94, § 1; T.C.A., § 8-410; Acts 1980, ch. 476, § 1.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Textbooks. Tennessee Jurisprudence, 11 Tenn. Juris., Evidence, § 88.

8-4-111. Methods of accounting.

The comptroller of the treasury has the authority to require any and all departments, institutions, offices, and agencies of the state government to maintain their accounts, records, documents, vouchers, requisitions, payrolls, cancelled checks and coupons, and other evidences of financial transactions in such manner as to expedite the work of post auditing.

Acts 1937, ch. 33, § 74; C. Supp. 1950, § 255.74 (Williams, § 255.79); T.C.A. (orig. ed.), § 8-409; T.C.A., § 8-411.

8-4-112. [Repealed.]

Compiler's Notes. Former § 8-4-112 (Acts 1981, ch. 21, § 1), concerning the audit and payment of costs incurred in criminal cases, was repealed by Acts 1995, ch. 179, § 12, effective July 1, 1995.

8-4-113. Guidelines for compliance with Financial Integrity Act.

The comptroller of the treasury shall consult with the commissioner of finance and administration in the establishment of guidelines for the evaluation by agencies of their systems of accounting and administrative control as provided in the Financial Integrity Act of 1983, compiled in title 9, chapter 18.

Acts 1983, ch. 129, § 3.

8-4-114. Investigation of fraud relating to qualification for government set-aside program.

The comptroller of the treasury shall investigate any complaint brought to the attention of the comptroller of the treasury's office alleging a violation of § 39-14-137. If, as a result of such investigation, the comptroller of the treasury determines that probable cause exists to believe that a violation has occurred, then the comptroller of the treasury shall submit such investigatory findings to the appropriate prosecutorial authority.

Acts 1989, ch. 283, § 2; 1996, ch. 675, § 10.

8-4-115. Standardized procedures for booking of arrestees.

1. 1. The comptroller of the treasury, in consultation with the Tennessee bureau of investigation, the Tennessee Sheriff's Association, the Tennessee Association of Chiefs of Police, and the Tennessee corrections institute, developed standardized booking procedures which include:
      1. A photograph of the arrestee;
      2. 1. A set of fingerprints. If fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints have been received and accepted;
         2. (a)  When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense;
            1. (ii)  (a)  When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense;
            2. If fingerprints of a person arrested for a vehicular impairment offense are transmitted to the Tennessee bureau of investigation electronically, the fingerprints shall be transmitted within up to five (5) business days of booking;
            3. As used in this subdivision (a)(1)(B), “vehicular impairment offense” means the person is charged with a violation of § 39-13-106, § 39-13-115, § 39-13-213(a)(2), § 39-13-218, or § 55-10-401;
      3. 1. Delivery to the appropriate local law enforcement agency of a completed judgment order containing the state control number, signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, except as provided in this subdivision (a)(1)(C). A local law enforcement agency shall provide a state control number printed on the R-84 Disposition Card and attached to the arresting document to the clerk within seven (7) business days of arrest so that the clerk or court can electronically submit final dispositions of criminal cases, including the state control number, to the Tennessee bureau of investigation. Unless otherwise authorized by the Tennessee bureau of investigation, all final dispositions shall be reported electronically. A formal disposition shall not be sent to the Tennessee bureau of investigation without the state control number or transaction control number being contained within the document;
         2. (a)  When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC);
            1. (ii)  (a)  When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC);
            2. If a person is convicted of a vehicular impairment offense, in a county where the clerk and the law enforcement agency have implemented an automated process for the electronic submission of final dispositions for criminal cases that is certified by the Tennessee bureau of investigation, the conviction containing the state control number shall be transmitted by the clerk to the Tennessee bureau of investigation within two (2) business days of the judgment order being signed by the judge. The Tennessee bureau of investigation shall immediately enter the conviction into the National Crime Information Center (NCIC);
            3. As used in this subdivision (a)(1)(C), “vehicular impairment offense” means the person was convicted of a violation of § 39-13-106, § 39-13-115, § 39-13-213(a)(2), § 39-13-218, or § 55-10-401;
      4. An arrest report; and
      5. Delivery to the appropriate court clerk office of a warrant or capias for offense containing the state control number assigned by the law enforcement agency upon the arrest of an individual to be recorded in the court information system of the court clerk office.
   2. Notwithstanding § 8-8-201 or § 38-3-122 to the contrary, it shall be the duty of the law enforcement agency responsible for maintaining the arrested person's booking records to take the fingerprints from such person as required by such sections.
   3. Where individuals are arrested multiple times for a violation of § 39-17-310, the offense of public intoxication, the arresting officer shall note on the arrest report that fingerprints are on file for this individual pursuant to § 38-3-122(a).
   4. Compliance with these standardized booking procedures shall be the basis for the comptroller of the treasury determining compliance with the fingerprinting requirements of §§ 8-8-201(a)(35) and 38-3-122. The Tennessee corrections institute and the law enforcement training academy shall train correctional personnel in municipal, county and metropolitan jurisdictions in the application of these standardized booking procedures.
2. The respective county or municipal legislative body shall appropriate funds for the respective sheriff's office or police department, including funds for personnel and supplies which are sufficient to comply with this section.
3. 1. The comptroller of the treasury shall audit or cause to be audited under title 4, chapter 3, part 3 and title 6, chapter 56, part 1, on an annual basis the sheriff's office or police department to determine whether or not such law enforcement agency is in compliance with the requirements of this section. If the comptroller of the treasury determines that a particular sheriff's office or police department is not in compliance with §§ 8-8-201(a)(35), 38-3-122 and this section, the comptroller of the treasury, within thirty (30) days of such determination, shall notify such sheriff or police chief and the Tennessee peace officer standards and training commission of such noncompliance.
   2. Such sheriff or police chief shall show cause to the Tennessee peace officer standards and training commission within thirty (30) days of notification why such sheriff or police chief should not be found to be in noncompliance with the requirements of §§ 8-8-201(a)(35) and 38-3-122. If the appropriate sheriff or police chief does not respond or show good cause within thirty (30) days, the Tennessee peace officer standards and training commission shall forthwith decertify the appropriate sheriff or police chief and impound the supplement provided for such sheriff or police chief in § 38-8-111. The Tennessee peace officer standards and training commission shall notify the comptroller of the treasury and both the sheriff and county commission or the police chief and city council of such action.
   3. The burden shall be on such sheriff or police chief to demonstrate compliance to the Tennessee peace officer standards and training commission and if such sheriff or police chief is found to be in compliance with this section within sixty (60) days after decertification, the Tennessee peace officer standards and training commission shall rescind the decertification order and cause any salary supplement impounded to be returned to the appropriate sheriff or police chief except for one twelfth (1/12) of the annual supplement.
4. In addition to any proceeding under chapter 47 of this title, the sheriff or police chief may be removed from office in accordance with this section. The comptroller of the treasury shall forward a copy of reports of noncompliance with this section by the sheriff or police chief to the district attorney general having jurisdiction and to the attorney general and reporter. The district attorney general and the attorney general and reporter shall each review the report and determine if there is sufficient cause for further investigation. If further investigation indicates willful misfeasance, malfeasance or nonfeasance by the sheriff or police chief, the district attorney general shall proceed pursuant to chapter 47 of this title, to remove the sheriff or police chief from office. This subsection (d) is effective for fingerprints taken or required to be taken on or after July 1, 1999.
5. Prior to purchasing an electronic fingerprint imaging system, the sheriff or municipal police department shall obtain certification from the Tennessee bureau of investigation that such equipment is compatible with the Tennessee bureau of investigation's and the federal bureau of investigation's integrated automated fingerprint identification system.
6. Subject to the approval of the general assembly, a portion of the funds derived from the additional privilege tax levied on all criminal cases instituted in this state as provided for in § 67-4-602(g), may be appropriated to the Tennessee bureau of investigation for the purchase, installation, maintenance, and line charges of electronic fingerprint imaging systems.
7. Upon establishment of an automated system for final disposition reporting, clerks of the court shall submit final disposition reports containing the state control number electronically to the Tennessee bureau of investigation. Jurisdictions that submit final disposition reports electronically will cease the submission of R-84 Disposition Cards upon advisement from the Tennessee bureau of investigation. The submission of an electronic final disposition report containing the state control number shall have the same force and effect as the submission of the R-84 Disposition Card.
8. Any automated court information system being used or developed on or after July 1, 2005, including, but not limited to, the Tennessee court information system (TnCIS) being designed pursuant to § 16-3-803(h), shall ensure that an electronic file of final disposition data, including the state control number, will be reported to the Tennessee bureau of investigation. The form, general content, time, and manner of submission of the electronic file of final disposition data, including the state control number, will comply with the rules prescribed by the Tennessee bureau of investigation.
9. As used in this section, unless the context otherwise requires:
   1. “Final disposition” means a court document that reflects the outcome of a criminal case and shall include:
      1. The defendant's full name;
      2. The defendant's social security number;
      3. The defendant's date of birth;
      4. The defendant's sex;
      5. The defendant's race;
      6. The county of arrest;
      7. The class designation of the crime;
      8. The state control number;
      9. The date of arrest and date of offense;
      10. The date of disposition and date of sentence imposed;
      11. The criminal charge or charges convicted of;
      12. Any fines, court costs, and restitution;
      13. The case number and court number;
      14. Whether the defendant is sentenced to confinement in the Tennessee department of correction, a county jail, or workhouse;
      15. Whether the defendant was sentenced to supervised or unsupervised probation or to community correction; and
      16. Whether diversion was ordered;
   2. “Finger printing agency” means any entity approved by the Tennessee bureau of investigation responsible for the submission of fingerprint arrests in a Tennessee municipality or county; including a state or local law enforcement agency, sheriff's office, or police department; and
   3. “State control number” means a unique twelve (12) digit number generated and printed by a live scan device or automated fingerprint identification system (AFIS) for the purpose of identifying, tracking, or referencing a criminal transaction.

Acts 1997, ch. 502, § 4; 1998, ch. 994, §§ 1-5; 2003, ch. 90, § 2; 2004, ch. 869, §§ 1-5; 2008, ch. 701, §§ 1-5; 2016, ch. 718, §§ 1, 2; 2018, ch. 824, §§ 1-4.

Compiler's Notes. Acts 1997, ch. 502, § 1, provided:

“(a)  The General Assembly of the State of Tennessee is compelled to enact legislation for the safety of the general population of Tennessee and the United States.

“(b)  The General Assembly of the State of Tennessee as well as law enforcement agencies throughout the state recognize that most dangerous felons begin careers of crime by committing less serious offenses and subsequently committing more serious offenses over time.

“(c)  The General Assembly of the State of Tennessee as well as law enforcement agencies throughout the State recognize the extreme priority of fingerprinting dangerous felons who commit initial offenses as an integral part of the crime fighting process.

“(d)  The Tennessee Bureau of Investigation has made the General Assembly of the State of Tennessee aware that forty to fifty percent of felons are not properly fingerprinted by law enforcement agencies throughout the State.

“(e)  Spurned by the support of law enforcement agencies throughout the State, the General Assembly of the State of Tennessee is moved to take action to ensure that dangerous felons are adequately tracked within the system and prevented from damaging and further endangering the people.

“(f)  To prevent the non-detection of dangerous felons within the system and to provide an adequate and effective detection tool the General Assembly of the State of Tennessee finds it necessary to enact this section.”

Acts 2016, ch. 718, § 3 provided that the act shall take effect on July 1, 2016 and shall apply to all arrests and convictions for a vehicular impairment offense occurring on or after that date.

Acts 2018, ch. 824, § 5 provided that the act, which amended this section, shall apply to all arrests and convictions for offenses occurring on or after January 1, 2019.

Amendments. The 2016 amendment added (a)(1)(B)(ii) and (a)(1)(C)(ii) and redesignated former (a)(1)(B) as (a)(1)(B)(i) and (a)(1)(C) as (a)(1)(C)(i).

The 2018 amendment, effective January 1, 2019, rewrote (a)(1)(C)(i) which read: “Delivery to the appropriate local law enforcement agency of a completed judgment order signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, except as provided in this subdivision (a)(1)(C). A local law enforcement agency and a clerk of court can collaborate on an automated process for the electronic submission of final dispositions for criminal cases to the Tennessee bureau of investigation. After a law enforcement agency and a clerk of court have implemented an automated process for the electronic submission of final dispositions for criminal cases, and have had the process certified by the Tennessee bureau of investigation, all final dispositions shall be reported electronically. Upon implementation of an automated process for the electronic submission of final dispositions for criminal cases, the delivery to the local law enforcement agency of a completed judgment order signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, and the submission by the local law enforcement agency of a completed R-84 Disposition Card to the Tennessee bureau of investigation are no longer required;”; substituted “conviction containing the state control number shall be transmitted” for “conviction shall be transmitted” in (a)(1)(C)(ii)(b); in (g), inserted “the” following “clerks of” in the first sentence, inserted “containing the state control number” twice, and substituted “the” for “a” preceding the second occurrence of “R-84 Disposition Card”; in (h), inserted “, containing the state control number,” twice and deleted “and regulations” preceding “prescribed”; and added (i).

Effective Dates. Acts 2016, ch. 718, § 3. July 1, 2016.

Acts 2018, ch. 824, § 5. January 1, 2019.

Attorney General Opinions. Statutory mandate for local law enforcement to fingerprint, OAG 99-169, 1999 Tenn. AG LEXIS 139 (8/30/99).

Costs of fingerprinting arrestees, OAG 99-228, 1999 Tenn. AG LEXIS 228 (12/6/99).

Responsibility for FBI R-84 disposition report, OAG 00-056, 2000 Tenn. AG LEXIS 56 (3/31/00).

8-4-116. Authority of comptroller to audit.

1. Entities contracting with the state or local governments to perform government services shall be subject to audit by the comptroller of the treasury to assure that public funds are expended in accordance with the public purpose for which they were contracted.
2. Notwithstanding any other law or existing contract, the comptroller of the treasury is hereby authorized to conduct an audit of the records of any entity contracting with the state or local government entities created under and by virtue of the statutes of the state, if such contracting entity derives fifty percent (50%) or more of its gross revenue from such state or local entity or entities. All books, records, documents, and other evidence pertaining to the receipt, accounting for, use and/or expenditure of any public funds by any such contracting entity shall be available for examination by the comptroller of the treasury during normal business hours through on-site review. In the alternative, and in the comptroller's sole discretion, such records may be provided through the mail or other methods of data transmission. Such audits shall take place as often as necessary, and to the extent necessary, in the discretion of the comptroller of the treasury and in conformance with generally accepted auditing standards, to determine whether public funds received by the entity were properly accounted for and expended in accordance with the public purpose for which the entity was contracted. The comptroller of the treasury shall have such authority notwithstanding whether the contract is in the form of a fee-for-service contract, a vendor contract, a cost reimbursement contract, any combination of these types of contract, or any other form of contract.
3. The comptroller of the treasury shall have the authority to determine whether a contracting entity is subject to audit pursuant to this section. The comptroller of the treasury shall give advance written notice of intent to audit to the contracting entity and its chief executive officer. If the contracting entity contends that it is not subject to audit, it shall, within five (5) business days of receipt of the notice, file with the comptroller of the treasury a written objection to the audit. Such objection shall be made under oath and accompanied by an income statement or such other statements or financial records as would, within the sound discretion of the comptroller of the treasury and consistent with generally accepted auditing standards, establish that the contracting entity is not subject to audit. The failure to file such an objection shall be deemed a waiver of any objection to the audit. Notwithstanding any other law to the contrary, any income statements or other financial documents filed with the objection shall become a part of the comptroller's confidential work papers and shall not be open or otherwise subject to public inspection.
4. If a contracting entity, after having received notice of intent to audit, refuses to grant access to such books, records, documents, and other evidence of the contracting entity as may be necessary, in the judgment of the comptroller, to accomplish the audit, the comptroller of the treasury shall have the authority to make application to the chancery court of Davidson County for an order requiring the contracting entity to show cause why the entity is not subject to audit by the comptroller of the treasury. In the absence of such a showing by the contracting entity, the court shall grant a permanent or temporary injunction compelling the contracting entity, its officers, agents, and attorneys, to grant access to such books, records, documents, and other evidence to the comptroller of the treasury or the comptroller's duly appointed representatives. The chancery court shall have the authority to assess costs of enforcement, including reasonable attorneys' fees, against the contracting entity, its officers and agents, and any other person responsible for objecting to the audit or refusing access to such books, records, documents, and other evidence if the court finds that there were no substantial grounds for objecting to the audit or refusing access.
5. The comptroller of the treasury has the authority to promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, consistent with this section for the purpose of ensuring the proper and orderly conduct of audits and other examinations of contracting entities within the meaning of this section.
6. This section is not intended to abolish any authority now held by the comptroller of the treasury, and shall not be deemed to repeal by implication any existing law.

Acts 2000, ch. 960, § 1.

Compiler's Notes. Acts 2000, ch. 960, § 2 provided that this section is declared remedial in nature and to that end shall apply to all contracts in force when the section takes effect on June 21, 2000, and shall be retroactive to January 1, 1992.

Cross-References. Confidentiality of public records, § 10-7-504.

8-4-117. Determination of state and local expenditures for indigent care and available federal resources.

The comptroller of the treasury is directed to determine all state and local government expenditures for the care of indigent persons and all federal resources available to the state for the care of indigent persons.

Acts 2006, ch. 807, § 1.

Compiler's Notes. Acts 2006, ch. 807, § 1 provided that the comptroller shall report to the finance ways and means committees of the senate and the house of representatives by January 15, 2007, on procedures and techniques for capturing any federal funds available to Tennessee for indigent care. The comptroller shall also report on the likelihood of discontinuance or diminution of any federal funds for indigent care in Tennessee.

8-4-118. Authority of the comptroller of the treasury to obtain certain information from applicants applying for employment.

1. The comptroller of the treasury may require all persons prior to employment with such office to:
   1. Agree to the release of all investigative records to the comptroller of the treasury for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and
   2. Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the comptroller of the treasury, a check of such prints may be made against records maintained by the federal bureau of investigation.
2. Any costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, in conducting such investigations of applicants shall be paid by the comptroller of the treasury.
3. The comptroller of the treasury may establish the job titles or classifications to which the requirements of this section apply. Such classifications shall not supersede any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position in any program subject to licensure, approval or certification by any state agency.

Acts 2010, ch. 971, § 1.

Cross-References. Requirements prior to employment with county, § 5-1-126.

Requirements prior to employment with municipality, § 6-54-129.

Verification of criminal violation information, § 38-6-109.

8-4-119. Report to comptroller of treasury of government fraud.

1. Any state agency having determined that a theft, forgery, credit card fraud or any other intentional act of unlawful or unauthorized taking, or abuse of public money, property, or services, or that other cash shortages have occurred in the state agency, shall report the information to the office of the comptroller of the treasury.
2. The comptroller of the treasury, in consultation with the state agencies, shall have the authority to establish guidelines for such reports.
3. 1. Any state agency shall, within a reasonable amount of time, notify the comptroller of the treasury of any confirmed or suspected unauthorized acquisition of computerized data and any confirmed or suspected breach of a computer information system or related security system established to safeguard the data and computer information system.
   2. For purposes of subdivision (c)(1):
      1. “Breach” does not include individual occurrences of malware or spyware;
      2. “Computer information system” and “related security system” mean those computer information systems and security system infrastructures operated and administered by the state agency or an entity with which the state agency contracts for such operation and administration; and
      3. “Reasonable amount of time” means any amount of time that is reasonable under the particular circumstances, but shall not under any circumstances exceed five (5) working days.
4. The information received pursuant to this section shall be confidential working papers of the comptroller of the treasury, and therefore, shall not be an open record pursuant to title 10, chapter 7.
5. As used in this section “state agency” means each state board, commission, committee, department, office, or any other unit of state government.

Acts 2012, ch. 946, § 1; 2015, ch. 42, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

Part 2
Hearings and Investigations

8-5-101. Election — Term of office.

There shall be a state treasurer, who shall be elected by the joint vote of both houses of the general assembly, and shall hold office for the term of two (2) years, and until a successor is elected and qualified.

Code 1858, §§ 222, 812 (deriv. Acts 1835-1836, ch. 27, §§ 1, 13); Shan., §§ 270, 1136; Code 1932, §§ 214, 1903; modified; T.C.A. (orig. ed.), § 8-501.

Cross-References. Election and term, Tenn. Const., art. VII, § 3.

Impeachment, title 8, ch. 46.

Officers commissioned, § 8-18-106.

Salary, § 8-23-101.

8-5-102. Audit of incumbent's accounts.

Previous to the convening of each biennial general assembly, the speaker of the senate and the speaker of the house of representatives may call upon the comptroller of the treasury to submit and review with them a current audit of the office of the treasurer. The speakers may appoint a committee of the general assembly for the purpose of such review.

Code 1858, § 223 (deriv. Acts 1841-1842, ch. 93); Shan., § 271; Code 1932, § 215; Acts 1977, ch. 4, § 2; T.C.A. (orig. ed.), § 8-502.

Cross-References. Accounting for fees, §§ 8-22-118 — 8-22-121.

8-5-103. [Repealed.]

Compiler's Notes. Former § 8-5-103 (Code 1858, §§ 224, 225 (deriv. Acts 1835-1836, ch. 27, § 1; 1847-1848, ch. 59, § 2; 1847-1848, ch. 117); Shan., §§ 272, 273; Code 1932, §§ 216, 217; T.C.A. (orig. ed.), § 8-503), concerning the surety bond of the treasurer, was repealed by Acts 1980, ch. 887, § 9. For present law, see § 4-4-108.

8-5-104. Oath of office.

The state treasurer shall take an oath before a judge of the supreme, appeals, or circuit court, or a chancellor, to support the Constitutions of Tennessee and of the United States, and faithfully to execute the duties of the office.

Code 1858, § 226 (deriv. Acts 1835-1836, ch. 27, § 1); Shan., § 274; Code 1932, § 218; T.C.A. (orig. ed.), § 8-504.

Cross-References. Administration and filing of oath, §§ 8-18-107 — 8-18-114.

8-5-105. Office — Duties.

The state treasurer shall keep office in the room assigned to the state treasurer in the capitol, and shall perform all the duties appertaining thereto by law, or which may be required of the state treasurer by resolution of the general assembly.

Code 1858, § 228 (deriv. Acts 1835-1836, ch. 27, § 2); Shan., § 276; Code 1932, § 220; T.C.A. (orig. ed.), § 8-505.

Cross-References. Absentees' fund maintained by, reimbursement upon claim by appearing absentee, § 30-3-113.

Accounting for fees, §§ 8-22-118 — 8-22-121.

Borrowing money upon the faith and credit of state prohibited, § 9-1-102.

Department of treasury, duties, § 4-3-2401.

Funding board, member of, § 9-9-101.

Report to governor, annual, § 4-4-114.

8-5-106. Accounts of receipts and disbursements.

The state treasurer shall keep in a book or books, under distinct heads, true, faithful, and just accounts of all the money received from time to time by virtue of such office, and also of all such sums of money as the state treasurer shall pay out of the treasury on warrants received.

Code 1858, § 237 (deriv. Acts 1835-1836, ch. 27, § 5); Shan., § 289; Code 1932, § 245; T.C.A. (orig. ed.), § 8-506.

Cross-References. Accounting for fees, §§ 8-22-118 — 8-22-121.

8-5-107. General ledger.

The state treasurer shall keep a general ledger of accounts, into which the state treasurer shall post all of the receipts and disbursements of the office, arranging the receipts and disbursements under the appropriate accounts. The state treasurer shall open in the ledger a general account of receipts and disbursements, which shall be reconciled currently with the general ledger maintained by the commissioner of finance and administration, in the accounts section, as of the last day of each month of the fiscal year.

Code 1858, § 238 (deriv. Acts 1835-1836, ch. 27, § 12); Shan., § 290; Code 1932, § 246; mod. C. Supp. 1950, § 246; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 138, § 1; T.C.A. (orig. ed.), § 8-507.

8-5-108. Accounts with banks.

The state treasurer shall keep accounts in the books of the office with the individual banks in which the public revenue or money is deposited, with such balances being reconciled to the individual bank statement balances on a monthly basis, showing the amount in the bank to the credit of the state at the end of each month.

Code 1858, § 239 (deriv. Acts 1835-1836, ch. 27, § 12); Shan., § 291; Code 1932, § 247; Acts 1975, ch. 138, § 2; T.C.A. (orig. ed.), § 8-508.

Cross-References. State depositories, title 9, ch. 4.

8-5-109. General account.

The state treasurer shall, moreover, keep a general account, which shall be reconciled to balances maintained by the commissioner of finance and administration, in the accounts section, and with the individual banks in which the public revenue or money is deposited on a monthly basis, showing the balance in the treasury at the end of each month.

Code 1858, § 240 (deriv. Acts 1835-1836, ch. 27, § 12); Shan., § 292; Code 1932, § 248; Acts 1975, ch. 138, § 3; T.C.A. (orig. ed.), § 8-509.

8-5-110. Custodian of collateral.

1. The state treasurer is designated as the custodian of all negotiable instruments deposited as collateral with the state or any department thereof, and shall be exclusively responsible for their safekeeping.
2. It is the duty of each department head or other person in the state government, having in possession collateral of the type above mentioned, to turn the same over to the state treasurer and to receive from the state treasurer an itemized receipt therefor. As additional collateral shall come into the hands of the department head or other person, the same procedure shall be followed.
3. Such collateral submitted to the state treasurer in the form of securities shall be fully registered as to principal and interest in such manner as to identify the state and the appropriate agency or department as holder of such collateral and to also identify the individual or concern placing such collateral.
4. The state treasurer shall make an annual report to the department head of collateral held on behalf of such department.
5. The official bond of the state treasurer shall be security for any losses resulting under this section.

Acts 1941, ch. 157, § 1; C. Supp. 1950, § 252.1; T.C.A. (orig. ed.), § 8-510; Acts 1980, ch. 447, § 1; 1985, ch. 118, § 1; 1990, ch. 702, § 1; 1997, ch. 217, § 2.

8-5-111. Biennial statement.

The state treasurer shall exhibit to the governor, at least ten (10) days before the meeting of the general assembly, an exact statement of the balance in the state treasury to the credit of the state, with a summary of the receipts and payments of the state treasury during the two (2) preceding years.

Code 1858, § 242 (deriv. Acts 1835-1836, ch. 27, § 9); Acts 1873, ch. 2, § 2; Shan., § 293a; Code 1932, § 250; T.C.A. (orig. ed.), § 8-512.

8-5-112. Misappropriation of funds.

If the state treasurer diverts, misapplies, or fails to pay over any money paid, or which by law is required to be paid, into the state treasury, contrary to law, the state treasurer shall forfeit the office and be incapable of holding any office of trust or profit whatsoever in this state. The state treasurer shall, moreover, be liable to pay double the value of any sum so misapplied, to be recovered, for the use of the state, by motion of the comptroller of the treasury or the comptroller of the treasury's attorney, in any court of record in the state.

Code 1858, § 244 (deriv. Acts 1835-1836, ch. 27, § 7); Shan., § 294; Code 1932, § 251; T.C.A. (orig. ed.), § 8-513.

Part 2
Disability of State Treasurer—Additional State Treasurer

8-6-101. Appointment and qualification — Term of office.

The attorney general and reporter for the state is appointed by the judges of the supreme court. The term of office is eight (8) years. A certificate of appointment, signed by all the judges, shall be entered upon the minutes of the court at the first session thereafter at Knoxville, Nashville, and Jackson, respectively. The attorney general and reporter shall qualify and perform the duties of the office as required by law, and subject to the penalties imposed by law.

Acts 1870, ch. 24, § 7; Shan., § 392; Code 1932, § 642; T.C.A. (orig. ed.), § 8-601.

Cross-References. Appointment and term, Tenn. Const., art. VI, § 5.

Impeachment, title 8, ch. 46.

Oath of office, §§ 8-18-107 — 8-18-114.

Officers commissioned, § 8-18-106.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, §§ 1-3.

Law Reviews.

The Tennessee Court System — Supreme Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 191 (1978).

8-6-102. Legal department — Offices.

There is created a legal department of the state, of which the attorney general and reporter shall be the executive head, and who, with assistants, shall constitute such department. The department shall maintain offices at Nashville, which shall be furnished and provided by the state under the supervision of the department of finance and administration.

Acts 1929, ch. 22, § 1; Code 1932, § 9950; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-602.

Cross-References. State system of personnel administration, title 8, ch. 30.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 2.

Law Reviews.

The Tennessee Court System — Supreme Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 191 (1978).

Collateral References.

Validity, under state law, of creation of office of independent special prosecutor. 84 A.L.R.3d 29.

8-6-103. Assistants and other personnel.

The attorney general and reporter, consistent with budgetary limitations, is authorized to appoint such assistants and other personnel as the attorney general and reporter may deem necessary to perform the duties of the office. All assistants and other personnel shall hold office during the pleasure of the attorney general and reporter and shall have such titles and perform such duties as may be assigned to them by the attorney general and reporter. All assistants shall take an oath to discharge the duties imposed. The attorney general and reporter shall submit a report of any increase and decrease in the number of assistants to the general assembly on July 1 of each year for the prior fiscal year ending June 30.

Acts 1929, ch. 22, § 2; Code 1932, § 9951; Acts 1965, ch. 130, § 1; 1967, ch. 275, § 1; 1971, ch. 276, §§ 1, 2; 1977, ch. 149, § 1; 1979, ch. 422, § 1; T.C.A. (orig. ed.), § 8-603.

Cross-References. Oath of office, §§ 8-18-107 — 8-18-114.

Representation of agencies, § 8-6-301.

State system of personnel administration, title 8, ch. 30.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 6.10.

Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 8.

Law Reviews.

The Tennessee Court System — Supreme Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 191 (1978).

8-6-104. Salaries.

The attorney general and reporter shall receive the same salary as an associate justice of the supreme court. The compensation of the attorney general and reporter's several assistants shall be such as may be fixed by the attorney general and reporter within the limits of the appropriation to that department. All such salaries shall be payable in equal monthly installments out of the state treasury upon the warrants of the commissioner of finance and administration.

Acts 1929, ch. 22, § 3; Code 1932, § 9952; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1957, ch. 25, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1972, ch. 526, § 4; 1973, ch. 333, § 1; T.C.A. (orig. ed.), § 8-604.

Compiler's Notes. Acts 2003, ch. 355, § 63 provided that, notwithstanding this section or any other law to the contrary, the salary of the attorney general and reporter during the fiscal year 2003-2004 shall be the same as during the fiscal year 2002-2003. There shall be no cost of living or other adjustment to such salary during fiscal year 2003-2004.

Cross-References. Salary of associate justice of Supreme Court, § 8-23-103.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, §§ 11, 12.

Law Reviews.

The Tennessee Court System — Supreme Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 191 (1978).

8-6-105. Expenses.

The attorney general and reporter and all of the assistants shall be paid their necessary expenses incurred on business for the state, in like manner as their compensation, when there have been filed with the commissioner of finance and administration an itemized statement certified by the officer incurring the expenses. This statement, in case of assistants, shall be approved by the attorney general and reporter.

Acts 1929, ch. 22, § 4; Code 1932, § 9953; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-605.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

8-6-106. Employment of additional counsel.

1. In all cases where the interest of the state requires, in the judgment of the governor and attorney general and reporter, additional counsel to the attorney general and reporter or district attorney general, the governor shall employ such counsel, who shall be paid such compensation for services as the governor, secretary of state, and attorney general and reporter may deem just, the same to be paid out of any money in the treasury not otherwise appropriated, upon the certificate of such officers certifying the amount to the commissioner of finance and administration.
2. Notwithstanding this section or any other law to the contrary, the attorney general and reporter or district attorney general shall inform the governor of, and consideration shall be given to, whether the person or firm to be employed as additional counsel:
   1. To defend the state in any action is then serving as counsel for a party in any action by that party against the state and whether the action, if adjudicated in that party's favor, is likely to result in an increase in state expenditures; or
   2. To prosecute any action on behalf of the state is then serving as counsel in defense of any action against the state.

Acts 1865, ch. 23, §§ 1, 2; Shan., § 5759; Code 1932, § 9958; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-606; Acts 2004, ch. 723, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Acts 2004, ch. 723, § 2 provided that nothing in the act shall be construed to rescind, impair or affect any contracts in effect on June 30, 2004, and shall only apply to contracts entered into, or renewed, on or after July 1, 2004.

Attorney General Opinions. A community service agency may only retain private counsel through the statutory procedure and may not do so independently, OAG 00-113, 2000 Tenn. AG LEXIS 115 (6/20/00).

8-6-107. Restrictions — Misdemeanors in office.

The attorney general and reporter and assistants shall be under the disabilities, restrictions, and disqualifications of district attorneys general and shall be subject to be proceeded against for misdemeanors in office in the same manner that the judges of the courts are proceeded against. Nothing in this section or in any other law prohibits the voluntary provision of pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to § 16-3-808 and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program.

Code 1858, § 3950 (deriv. Acts 1835-1836, ch. 51, § 2); Shan., § 5754; mod. Code 1932, § 9954; T.C.A. (orig. ed.), § 8-607; Acts 2009, ch. 7, § 1.

Cross-References. Restrictions on district attorneys general, § 8-7-104.

Collateral References.

Constitutionality and construction of statute prohibiting public attorney from engaging in private practice. 82 A.L.R.2d 774, 6 A.L.R.3d 562.

Validity, under state law, of appointment of special prosecutor where regular prosecutor is charged with, or being investigated for, criminal or impeachable offense. 84 A.L.R.3d 115.

8-6-108. Criminal defense in lower courts.

It is a Class C misdemeanor for the attorney general and reporter or any assistant to take or receive a fee for defending any supposed offender in the inferior courts.

Code 1858, § 3951 (deriv. Acts 1835-1836, ch. 51, § 2); Shan., § 5755; mod. Code 1932, § 9955; T.C.A. (orig. ed.), § 8-608; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-6-109. Duties.

1. The attorney general and reporter has and shall exercise all duties vested in the office by the Constitution of Tennessee and all duties and authority pertaining to the office of the attorney general and reporter under the statutory law. The attorney general and reporter is authorized to utilize and refer to the common law in cases in which the state is a party.
2. In addition to the duties described in subsection (a), the attorney general and reporter, or assistants acting at the attorney general and reporter's discretion, has the following duties:
   1. The trial and direction of all civil litigated matters and administrative proceedings in which the state or any officer, department, agency, board, commission or instrumentality of the state may be interested;
   2. To attend to all business of the state, both civil and criminal in the court of appeals, the court of criminal appeals and the supreme court;
   3. To attend to all legal business connected with the management of the state treasury, or debts due and owing to the state, or debts and liabilities claimed against the treasury of the state, or suits brought against the comptroller of the treasury before any court where such litigation may be pending;
   4. To attend to any other legal duty which the comptroller of the treasury and the state treasurer may require the attorney general and reporter or such assistants to perform, connected with the state treasury;
   5. To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, any legal advice required in the discharge of their official duties;
   6. To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, written legal opinions on all matters submitted by them in the discharge of their official duties. Written opinions issued pursuant hereto shall be made available for public inspection. It is the legislative intent that when a request for a written legal opinion is from a member of the general assembly and concerns pending legislation, such request shall be replied to as expeditiously as possible;
   7. To report the decisions of the court of appeals, the court of criminal appeals and the supreme court of Tennessee in the manner prescribed by law;
   8. To examine and certify all bills of cost in the appellate courts of the state in which the state of Tennessee is interested before they are ordered to be paid by the state;
   9. To defend the constitutionality and validity of all legislation of statewide applicability, except as provided in subdivision (b)(10), enacted by the general assembly, except in those instances where the attorney general and reporter is of the opinion that such legislation is not constitutional, in which event the attorney general and reporter shall so certify to the speaker of each house of the general assembly;
   10. To exercise discretion to defend the constitutionality and validity of all private acts and general laws of local application enacted by the general assembly and of administrative rules or regulations of this state. However, a sufficient adversary relationship must exist before the discretion not to defend the constitutionality of all legislation of local application may be exercised. If such discretion not to defend is exercised, such decision shall be certified to the speaker of each house of the general assembly, in the same manner as provided in subdivision (b)(9);
   11. To notify the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, which contains as part of the pleadings an allegation which would raise an issue:
       1. Of insufficient funding of a law as enacted or amended, including any regulation authorized by such act; or
       2. That the implementation by a department, agency, or governmental entity of a law as enacted or amended, including any regulation authorized by such act, was accomplished in a manner which resulted in insufficient funding; which lawsuit, if adjudicated in the plaintiff's favor, would result in a mandated increase in state expenditures;
   12. To confer with the speaker of each house of the general assembly upon notification by the director of the fiscal review committee under § 3-7-109;
   13. To defend local education agencies and/or their present or past superintendents, board members, teachers, or nonprofessional staff members, hereinafter referred to as employees, upon the formal request in writing of any such employee in any case involving a claim of injury or damage alleged to have been proximately caused by acts or omissions of such employees within their scope of employment with the local education agency in detecting, managing or removing asbestos from any building or structure owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools. In the event that the attorney general and reporter determines that the best interest of the state or employee requires private counsel, the employee shall be notified, and shall have the right to file for reimbursement of defense cost in accordance with chapter 42 of this title in the same manner as state employees;
   14. To bring suit upon behalf of the state, local government units or local education agencies to recover public funds from entities financed by the funds and their directors or officers when the funds through the improper actions of the directors or officers have been used for unauthorized purposes, misapplied or misappropriated; and
   15. To attend to any other duty which may devolve upon, or be imposed upon, the attorney general and reporter by law.
3. Notwithstanding § 8-6-106 to the contrary, in all cases in which the attorney general and reporter has certified to the speaker of each house of the general assembly the decision not to defend the constitutionality and validity of any law pursuant to subsection (b), the speakers, acting jointly, may employ legal counsel to defend the constitutionality of such law. Such counsel shall be paid such compensation for their services as the speakers may deem just; the same to be paid out of any money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration.
4. The attorney general and reporter, or assistants acting at the attorney general and reporter's discretion, shall notify the director of the office of legal services or the director's designee and the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, and in which the adjudication could result in a significant increase in state expenditures, in a decision on a policy issue which may result in a significant increase in state expenditures, or in a decision which may affect the bond rating of the state.
5. Notwithstanding § 8-6-106, or other law to the contrary, in all cases within subsection (d), the speaker of the senate and the speaker of the house of representatives, acting jointly, may employ legal counsel to advise them; provided, that the attorney general and reporter shall remain the state's sole representative in federal and state court proceedings. Such counsel shall be paid such compensation for services rendered as the speakers may approve and such compensation shall be paid out of any money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration.

Code 1858, § 3952 (deriv. Acts 1835-1836, ch. 51, § 1); Acts 1870-1871, ch. 3, § 1; 1871, ch. 99, § 2; Shan., § 5756; mod. Code 1932, § 9956; Acts 1977, ch. 149, §§ 2-4; 1978, ch. 890, § 3; 1979, ch. 422, § 2; T.C.A. (orig. ed.), § 8-609; Acts 1981, ch. 287, § 1; 1982, ch. 602, § 1; 1986, ch. 728, § 2; 1986, ch. 772, § 2; 2006, ch. 923, § 5.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Attorney general authorized to institute criminal proceedings in cases involving conspiracy to restrain trade or fix prices in state contracts, § 47-25-103.

Attorney general to assist various state legal, legislative, and information systems offices, § 3-10-105.

Bond of state and county officers, approval of form, § 8-19-101.

Code commission, member, § 1-1-101.

District attorneys general conference, ex officio member and legal advisor, § 8-7-301.

Division of consumer affairs to cooperate with, § 47-18-5002.

Election returns, comparison, § 2-8-110.

Employment of counsel for protection of territory, § 4-1-102.

Immunity of local education agency employees from asbestos-related liability, § 29-20-109.

Peace officer standards and training commission, member, § 38-8-102.

Public welfare department, assistance, § 71-1-109.

Rules and regulations, effective dates and approval, §§ 4-5-207, 4-5-211.

Vital statistics law, enforcement of provisions, § 68-3-105.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 6.10.

Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, §§ 3, 6.

Law Reviews.

Criminal Contempt, Jury Trial, Private Prosecutors & Child Support, (Clarke Lee Shaw), 34 Tenn. B.J. 22 (1998).

Remedies other than the Tennessee Uniform Administrative Procedures Act “Contested Case” Approach to Dealing with State and Local Governmental Action (John Beasley), 13 Mem. St. U.L. Rev. 619 (1984).

Special Ethical Duties for Attorneys Who Hold Public Positions (W.J. Michael Cody), 23 Mem. St. U.L. Rev. 453 (1993).

Attorney General Opinions. Only the office of the attorney general may initiate civil litigation for a community service agency; the office of the attorney general must represent, supervise, and direct all other litigation involving a community service agency, unless this duty, at the discretion of the attorney general, and with the commissioner's concurrence, is expressly delegated to a department of children's services staff attorney with written authorization, OAG 00-113, 2000 Tenn. AG LEXIS 115 (6/20/00).

8-6-110. Appearance in federal courts.

The attorney general and reporter shall attend in person, or by assistant, and prosecute or defend, as the case may be, any and all suits, civil or criminal, in the supreme court of the United States, in the United States court of appeals for the judicial circuit of the United States comprising the state of Tennessee, or in any of the district courts of the United States held in the state of Tennessee, in which suit or suits the state may be a party, or in which the state has or may have interests of a pecuniary nature.

Acts 1877, ch. 5, § 1; Shan., § 5757; Code 1932, § 9957; modified; T.C.A. (orig. ed.), § 8-610.

Law Reviews.

The Tennessee Court System — Supreme Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 191 (1978).

8-6-111. Special personnel for expedition of post-conviction proceedings in capital cases.

The attorney general and reporter is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period.

Acts 1993, ch. 472, § 1.

Cross-References. Appropriation of funds, § 16-3-806.

8-6-112. Criminal prosecution of judge, chancellor, or judicial elected official.

1. The attorney general and reporter has the authority to conduct an investigation and has the authority to initiate the criminal prosecution of any judge, chancellor or judicial elected official and/or district attorney general whenever:
   1. The attorney general and reporter receives information sufficient to constitute probable cause to investigate whether any official may have violated any state criminal law; and
   2. A decision to prosecute the official by the district attorney general of the district in which the offense occurred or in which a portion of the offense occurred may result in a personal, financial or political conflict of interest.
2. If the attorney general and reporter initiates a criminal prosecution pursuant to the authority of this section, such attorney general and reporter, or a deputy or assistant attorney general, shall have the authority to exercise all of the powers and perform all of the duties before any court or grand jury with respect to such prosecution that the appropriate district attorney general would otherwise be authorized or required by law to exercise or perform.
3. If the attorney general and reporter initiates a criminal prosecution pursuant to this section, the appropriate district attorney general shall fully cooperate with the attorney general and reporter and participate in the prosecution, unless the subject of such prosecution, to the extent requested or approved by the attorney general and reporter.
4. If the attorney general and reporter concludes that an investigation or prosecution should be initiated pursuant to this section, the attorney general and reporter may, after giving notice to the executive director of the district attorneys general conference, request appointment as district attorney general pro tem by an appropriate court pursuant to § 8-7-106(a). The application shall be considered by the court in camera. The executive director may appear before the court to be heard on the request for appointment. The notice to the executive director, the application for appointment, and the proceedings on the application shall be confidential.
5. The attorney general and reporter is hereby authorized to request the director of the Tennessee bureau of investigation to furnish such assistance as may be required by the attorney general and reporter in the performance of the attorney general and reporter's duties under this section. The Tennessee bureau of investigation is authorized to provide to the attorney general and reporter such assistance as the attorney general and reporter may request pursuant to this section.

Acts 1998, ch. 1061, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

Part 2
Reports and Opinions

8-7-101. Districts.

Each judicial district shall constitute a district attorney general's district.

Code 1858, § 124 (deriv. Acts 1835-1836, ch. 28, § 1); Shan., § 220; mod. Code 1932, § 160; Acts 1963, ch. 334, § 1; 1965, ch. 301, §§ 1, 2; T.C.A. (orig. ed.), § 8-701; Acts 1984, ch. 931, § 16.

Cross-References. District attorneys general, assistant district attorneys general and criminal investigators, §§ 16-2-506, 16-2-508.

Impeachment, title 8, ch. 46.

Judicial districts generally, title 16, ch. 2, part 5.

Oath of office, §§ 8-18-107 — 8-18-114.

State system of personnel administration, title 8, ch. 30.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 1.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

8-7-102. Election.

The district attorneys general for the judicial districts are elected by the qualified voters of the districts respectively.

Code 1858, § 317 (deriv. Acts 1835-1836, ch. 28, § 1); Shan., § 393; Code 1932, § 643; T.C.A. (orig. ed.), § 8-702.

Cross-References. Constitutional provisions, Tenn. Const., art. VI, § 5.

Election contests, title 2, ch. 17.

Election, qualifications, and term of office of district attorney general, Tenn. Const., art. VI, § 5.

Election, time for holding, § 2-3-202.

Oath of office, §§ 8-18-107 — 8-18-114.

Treasurer of state required to bring action to recover abandoned personal property under unclaimed property law, § 66-29-130.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 6.1.

Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 2.

8-7-103. Duties.

Each district attorney general:

1. Shall prosecute in the courts of the district all violations of the state criminal statutes and perform all prosecutorial functions attendant thereto, including prosecuting cases in a municipal court where the municipality provides sufficient personnel to the district attorney general for that purpose;
2. Shall prosecute in the federal court all criminal cases removed from a state court in the district to any inferior court;
3. May cooperate and assist, upon the request or direction of the attorney general and reporter, in the bringing, prosecution, defense, preparation, and trial of all cases in the circuit and chancery courts in which the attorney general and reporter is required to appear for the protection of the state or the public interest;
4. Shall give an opinion, without charge, whenever called upon by any county officer in the district, upon a question of criminal law relating to the duties of the county officer's office;
5. Shall submit to the office of executive director for the district attorneys general conference within ninety (90) days after the end of each fiscal year, a written report specifying:
   1. Each source from which funds were received by the office of the district attorney general during the fiscal year;
   2. The amount of funds received from each source; and
   3. The disposition of such funds;
6. Shall have discretion in the performance of duties and responsibilities in the allocation of resources available to such district attorney general, any other law notwithstanding; and
7. Shall have authority to delegate the foregoing duties and responsibilities to an assistant district attorney general.

Code 1858, § 3961 (deriv. Acts 1823, ch. 13, § 2; 1829, ch. 43, § 1; 1833, ch. 43, § 1; 1835-1836, ch. 15, § 21; 1835-1836, ch. 28, §§ 1, 3; 1839-1840, ch. 160, § 5; 1841-1842, ch. 59, §§ 2, 3; 1841-1842, ch. 129, §§ 1, 4; 1841-1842, ch. 147, § 2; 1843-1844, ch. 103, §§ 2, 4; 1843-1844, ch. 215, § 3; 1847-1848, ch. 129, § 1; 1849-1850, ch. 247, § 3; 1851-1852, ch. 167, §§ 1, 2; 1853-1854, ch. 115, § 2); impl. am. Acts 1875, ch. 91; Acts 1899, ch. 271, §§ 1, 2; Shan., § 5768; mod. Code 1932, § 9966; modified; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 10, § 1; impl. am. Acts 1978, ch. 934, § 22; Acts 1979, ch. 226, § 23; 1979, ch. 318, § 23; T.C.A. (orig. ed.), § 8-702; impl. am. Acts 1979, ch. 68, § 3; Acts 1988, ch. 913, § 1; 1990, ch. 974, § 4; 1996, ch. 996, § 2; 1998, ch. 1080, § 3.

Cross-References. Disposition of incentive payments, prohibition against agency use of payments for social and recreational purposes, § 36-5-107.

Escheated property, duties, §§ 31-6-104, 31-6-108, 31-6-111.

Executive director of district attorneys general conference authorized as fiscal officer, § 8-7-602.

Highways, prosecution of suits for damage, § 55-7-106.

Liability for neglect of duty, § 40-4-116.

Medicine, prosecutions for unlawful practice, § 63-6-213.

Osteopathic violations, prosecutions, § 63-9-110.

Register, failure to comply with entry requirements, duty to prosecute, § 8-13-117.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 6.1, 22.32.

Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, §§ 3, 4, 6, 7; 22 Tenn. Juris., Sheriffs, § 15.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

Disciplinary Board Opinions.

Representation of criminal defendants by part-time assistant district attorneys who prosecute state criminal matters in the municipal courts is ethically inappropriate. Formal Ethics Opinion 2002-F-146 (3/08/02).

Attorney General Opinions. Liability of state, district attorney general and special prosecutor, OAG 99-173, 1999 Tenn. AG LEXIS 135 (9/7/99).

General sessions judge's legal authority, OAG 00-001, 2000 Tenn. AG LEXIS 4 (1/4/00).

Representation of the state in criminal and juvenile proceedings in general sessions courts, OAG 00-042, 2000 Tenn. AG LEXIS 42 (3/13/00).

A district attorney general only has the responsibility of prosecuting state criminal actions in municipal courts where the municipality has provided sufficient personnel to the district attorney general for that purpose, OAG 01-120, 2001 Tenn. AG LEXIS 111 (7/31/01).

No entity or individual other than a district attorney general may prosecute state criminal actions in a municipal court vested with concurrent general sessions jurisdiction, OAG 01-120, 2001 Tenn. AG LEXIS 111 (7/31/01).

Prosecutorial discretion as to traffic offenses, OAG 07-073, 2007 Tenn. AG LEXIS 71 (5/17/07).

A district attorney general has no authority to represent a petitioner seeking a protective order. State statutes and local ordinances do not authorize a public defender to represent an individual defending against a petition for an order of protection; however, the ordinances governing the Shelby County's Public Defender's Office do not prohibit the Shelby County Public Defender from doing so. OAG 16-06, 2016 Tenn. AG LEXIS 4 (2/10/2016).

The conflict-preemption principles that are well established in Tennessee’s jurisprudence prevent a municipality from enacting and enforcing an ordinance that allows a police officer to issue a municipal citation that carries a civil penalty of fifty dollars or community service for the offense of possession of one-half ounce or less of marijuana. Such an ordinance conflicts with the provisions of the Drug Control Act and with the prosecutorial discretion and responsibilities of the district attorneys general in enforcing the Act. OAG 16-40, 2016 Tenn. AG LEXIS 40 (11/16/2016).

8-7-104. Practice of law prohibited.

District attorneys general are prohibited from engaging in the practice of law.

Acts 1947, ch. 140, § 2; mod. C. Supp. 1950, § 9969 (Williams, § 9969.1); T.C.A. (orig. ed.), § 8-704.

Attorney General Opinions. Mediation does not involve the practice of law, OAG 06-079, 2006 Tenn. AG LEXIS 88 (4/27/06).

A district attorney general has no authority to represent a petitioner seeking a protective order. State statutes and local ordinances do not authorize a public defender to represent an individual defending against a petition for an order of protection; however, the ordinances governing the Shelby County's Public Defender's Office do not prohibit the Shelby County Public Defender from doing so. OAG 16-06, 2016 Tenn. AG LEXIS 4 (2/10/2016).

Collateral References.

Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law. 82 A.L.R.2d 774, 6 A.L.R.3d 562.

Disqualification of prosecuting attorney in state criminal case on account of relationship with accused. 42 A.L.R.5th 581.

Propriety and prejudicial effect of counsel's representing defendant in criminal case notwithstanding counsel's representation or former representation of prosecution witness. 27 A.L.R.3d 1431.

8-7-105. Salary.

1. On July 1, 1990, the salary for district attorneys general shall be sixty-eight thousand dollars ($68,000) per annum. On July 1, 1991, the base salary for district attorneys general shall be seventy-four thousand one hundred dollars ($74,100) per annum. On September 1, 2006, the salary for district attorneys general shall be one hundred twenty-four thousand nine hundred dollars ($124,900). On March 1, 2018, the base salary for district attorneys general shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act.
2. On September 1, 2006, and on July 1 for each subsequent year, the base salary fixed in subsection (a) shall be adjusted to reflect the average percentage pay increase provided for state employees by the general appropriations act.
3. For the sole purpose of calculating the salaries payable to assistant district attorneys general under § 8-7-201, the annual compensation of a district attorney general shall be as follows:
   1. For full-time assistant district attorneys general through the end of the final fiscal year in which they are eligible for step increases, the salary provided by law for district attorneys general for the 1982-1983 fiscal year;
   2. Effective July 1, 1990, for full-time assistant district attorneys general no longer eligible for step increases, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted on July 1, 1990, by the percentage set out in subsection (b); and
   3. Effective July 1, 1991, for full-time assistant district attorneys general no longer eligible for step increases, but having less than twelve (12) years of credited service as an assistant district attorney general or district attorney general in this state, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted as set out in subdivision (c)(2), and further adjusted on July 1, 1991, and on each succeeding July 1, by the percentage set out in subsection (b).
4. For purposes of this chapter, in computing annual salary increases that are tied to salary increases appropriated to state employees, it is the intention of the general assembly that the increases are to be based solely on the specific percentage increase granted by the general appropriations act to all general state employees. Adjustments to annual salary increases as provided for in this chapter that are tied to salary increases of state employees are not to be adjusted on the basis of any class compensation efforts, class compression efforts, or any other method of salary adjustments.

Acts 1897, ch. 41, § 1; 1917, ch. 132, § 1; Shan., § 5771; Acts 1925, ch. 12, § 1; Code 1932, § 9969; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1947, ch. 140, §§ 1, 3; mod. C. Supp. 1950, § 9969 (Williams, § 9969.1); Acts 1955, ch. 206, §§ 1, 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1963, ch. 154, § 1; 1967, ch. 145, § 1; 1971, ch. 236, § 1; 1972, ch. 526, § 5; T.C.A. (orig. ed.), § 8-705; Acts 1981, ch. 469, § 1; 1982, ch. 851, § 1; 1986, ch. 849, § 1; 1988, ch. 720, § 1; 1990, ch. 1032, § 1; 1993, ch. 344, § 1; 2006, ch. 987, §§ 3, 6; 2007, ch. 361, § 2; 2018, ch. 899, § 5.

Code Commission Notes.

According to information provided by the executive director of the district attorneys general conference, effective January 3, 1993, the base salary for a district attorney general is $77,064 per annum.

Effective July 1, 1994, the base salary of a district attorney general is $83,384.52, and the base salary of a topped-out assistant district attorney is $61,051.68.

Effective July 1, 1996, the base salary of a district attorney general is $87,612.00, and the base salary of a topped-out assistant district attorney is $64,140.00.

As of July 1, 2000, the annual salary of a district attorney general is $94,344.

As of July 1, 2001, the annual salary of a district attorney general is $96,708.

A 3.0% salary increase becomes effective January 1, 2003.

As of July 1, 2005, the annual salary of a district attorney general is $105,684.

Amendments. The 2018 amendment added the last sentence in (a).

Effective Dates. Acts 2018, ch. 899, § 7. May 3, 2018.

Cross-References. Salaries and salary adjustments, § 8-23-101.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 12.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

8-7-106. District attorney general pro tem — Attorney acting for district attorney general.

1. If the district attorney general fails to attend the circuit or criminal court, or is disqualified from acting, or if there is a vacancy in the office, the court shall appoint some other attorney to supply such district attorney general's place temporarily. The acts of such district attorney general pro tem shall be as valid as if done by the regular officer, and the district attorney general pro tem shall be entitled to the same privileges and emoluments.
2. Notwithstanding subsection (a), the district attorney general may:
   1. Upon the consent of the district attorney general of any other judicial district, specially appoint another district attorney general, or an assistant to that district attorney general, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
   2. Upon the consent of the executive director of the district attorneys general conference, specially appoint the executive director or an assistant to the executive director to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
   3. Upon the consent of the chief executive officer of any governmental agency, appoint a licensed attorney employed by that agency to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
   4. Upon the consent of the attorney general and reporter, specially appoint the attorney general and reporter, or an assistant to the attorney general and reporter, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; provided, that no prosecution for an offense against the person as set forth in title 39, chapter 13 may be undertaken by the attorney general and reporter unless such prosecution arises out of, is related to, or affects an investigation, prosecution, or other proceeding which the attorney general and reporter is otherwise authorized to conduct, by cross-designation or otherwise; and
   5. Upon the written request of the attorney general and reporter, personally or through one (1) of the attorney general and reporter's assistant attorneys general, participate in the trial and direction of a specific proceeding, criminal or civil, which the attorney general and reporter is authorized by law to conduct.
3. The acts of an attorney acting for the district attorney general or the attorney general and reporter pursuant to subsection (b) shall be valid as if done by the regular officer, and there shall be no requirement that the regular officer be disqualified from acting or that there be a vacancy in the office. Nor shall the regular officer be compelled to attend court proceedings in the matters in which an attorney is acting for the regular officer pursuant to subsection (b); provided, that the regular officer may be in attendance, and participate, if such a regular officer so desires.
4. Subsections (b) and (c) are not intended to abolish any authority now held by the district attorneys general, and shall not be deemed to repeal by implication any existing law.

Code 1858, §§ 3962, 3963 (deriv. Acts 1835-1836, ch. 28, § 2); Shan., §§ 5769, 5770; mod. Code 1932, §§ 9967, 9968; T.C.A. (orig. ed.), § 8-706; Acts 1991, ch. 342, §§ 1, 2; 1993, ch. 292, § 1; 1996, ch. 996, § 2.

Compiler's Notes. Acts 1993, ch. 292, § 2 provided that the amendment by that act was not intended to abolish any authority then held by the district attorneys general or attorney general and reporter, and was not to be deemed to repeal by implication any existing law.

Cross-References. Contested elections, appointment of temporary district attorney general, § 17-2-119.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 6.2.

Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 9.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

Attorney General Opinions. Representation of the state in criminal and juvenile proceedings in general sessions courts, OAG 00-042, 2000 Tenn. AG LEXIS 42 (3/13/00).

Salary of a district attorney general pro tem, OAG 07-093, 2007 Tenn. AG LEXIS 93 (6/12/07).

8-7-107. Filling of vacancy.

A vacancy in the office of district attorney general shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place.

Code 1858, §§ 318, 319 (deriv. Acts 1853-1854, ch. 32, §§ 6, 7); impl. am. Acts 1907, ch. 436; Shan., §§ 394, 395; Code 1932, §§ 644, 645; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 8-707.

Cross-References. Election to fill vacancy, Tenn. Const., art. VII, § 5; § 8-18-104.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, 2; 10 Tenn. Juris., Elections, § 2.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

8-7-108. [Repealed.]

Compiler's Notes. Former § 8-7-108 (Acts 1983, ch. 208, § 1), concerning notification to crime victims when plea bargain arrangements are made, was repealed by Acts 1986, ch. 909, § 13. For current similar provisions, see T.C.A. § 40-38-103.

8-7-109. Sex crime prosecution units — Support personnel — Training.

1. 1. There is hereby created a sex crime prosecution unit, the duties of which shall include, but not be limited to, child sexual abuse cases, which unit shall include two (2) assistant district attorneys general, and one (1) secretary-file clerk.
   2. It is the intent of the general assembly, in the enactment of Acts 1985, ch. 478, to encourage the establishment of a sex crime prosecution unit, the duties of which shall include, but not be limited to, child sexual abuse cases, in the office of the district attorney general for the twentieth judicial district as a pilot project, and subsequently, in 1986, to establish the necessary number of units throughout the state.
2. There are hereby created two (2) additional assistant district attorney general positions for the twentieth judicial district, who shall be appointed by the district attorney general for the twentieth judicial district, shall serve at the pleasure of such official, and shall perform such duties as are assigned to them by the district attorney general. The assistant district attorneys general herein authorized shall be licensed attorneys and residents of the judicial district. The compensation for the assistant district attorneys general shall be as provided by law for assistant district attorneys general.
3. There is hereby created an additional secretary-file clerk position for the twentieth judicial district who shall be appointed by the district attorney general for the twentieth judicial district, shall serve at the pleasure of such official, and shall perform such duties as are assigned to such secretary-file clerk by the district attorney general. The secretary-file clerk shall furnish the speakers of the senate and the house of representatives with quarterly reports containing statistical data required by the speakers, and other information deemed appropriate by the district attorney general pertaining to reports, investigations and prosecution of the sex crimes prosecution unit. The compensation for the secretary-file clerk shall be as provided by law for secretary-file clerk.
4. The district attorney general for the twentieth judicial district shall authorize and direct the assistant district attorneys of the child sex crime prosecution unit of the twentieth judicial district to receive training at seminars conducted by appropriate agencies and associations within the United States, upon approval by the executive director of the Tennessee district attorneys general conference, in the investigation and prosecution of child sexual abuse cases. The Tennessee district attorneys general conference shall fund such attendance within existing state guidelines.

Acts 1985, ch. 478, § 44; 1996, ch. 996, § 2.

Code Commission Notes.

Acts 1985, ch. 478, § 44, also provided: “There is hereby appropriated the sum of sixty-five thousand, four hundred seventy-seven dollars ($65,477) for the purpose of funding the child sex crime prosecution unit created by this section.”

Compiler's Notes. For codification of Acts 1985, ch. 478, see Session Law Disposition Tables in Volume 13.

8-7-110. Assignment of law enforcement officers to drug task forces — Officers' powers, duties and immunities.

1. Any law enforcement officer or assistant district attorney general or district attorney general criminal investigator assigned to or hired by a judicial district or multi-judicial district task force relating to the investigation and prosecution of drug and violent crime cases shall have the same rights, powers, duties and immunities in every jurisdiction within the judicial district as such officer has within the officer's own jurisdiction. Such assignment shall be made in writing by the chief law enforcement official of the assigning jurisdiction, including, but not limited to, sheriff offices, police departments, task forces, state law enforcement agencies and district attorneys general offices, and shall not become effective until approved by the board of directors or governing or advisory board of the task force and/or the district attorneys general of the judicial district. Any law enforcement officer employed by or assigned to a judicial district drug task force pursuant to this section must meet the minimum certification requirements of the peace officers standards and training commission; provided, however, that such officer employed by a judicial district drug task force shall not be entitled to receive a police pay supplement for that certification. The director of a judicial district drug task force shall have the authority to commission personnel assigned to or hired by the task force with the approval of the district attorney general.
2. Any law enforcement officer or assistant district attorney general or district attorney general criminal investigator assigned to or hired by a judicial district or multi-judicial district task force relating to the investigation and prosecution of drug and violent crime cases shall have the same rights, powers, duties, and immunities statewide as such officer has within the officer's own judicial district or multi-judicial district; provided, that investigations conducted outside the officer's jurisdiction originated within the officer's own jurisdiction and is immediately necessary to an ongoing investigation; or by working in cooperation with another judicial district or multi-judicial district task force or law enforcement agency; or where there exists a mutual aid agreement between the judicial districts or multi-judicial district task forces approved by each district attorney general.
3. Notwithstanding any other law to the contrary concerning members of judicial district task forces relating to the investigation and prosecution of alleged drug violations, if a claim or suit should be filed against an individual and it is proven that:
   1. At the time of the alleged incident the individual was a member of such task force who was properly certified to the board of claims pursuant to § 8-42-101(3)(C); and
   2. The alleged liability arose out of the individual's activities as a task force member;

      then it shall be conclusively deemed that the individual was not an employee, agent or servant of a local government but was a volunteer to the state.

4. To the extent any conflict exists concerning liability or jurisdiction of the members of any judicial district task force relating to the investigation and prosecution of, but not limited to, drug and violent crime cases between this section and any mutual aid or interlocal agreement entered into by a task force, this section takes precedence over any such agreement.

Acts 1988, ch. 913, § 2; 1989, ch. 63, §§ 2, 3, 5; 1998, ch. 841, §§ 1-5; 2004, ch. 908, § 1; 2005, ch. 258, §§ 1, 2.

Cross-References. Employment and training of police officers, tit. 38, ch. 8.

Peace officer standards and training commission, § 38-8-102.

Attorney General Opinions. Law enforcement officers employed by judicial district task forces.  OAG 10-28, 2010 Tenn. AG LEXIS 23 (3/8/10).

Scope of enforcement authority of judicial district task force members.  OAG 12-10, 2012 Tenn. AG LEXIS 8 (1/20/12).

8-7-111. Special personnel for expedition of post-conviction proceedings in capital cases.

The district attorney general is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period.

Acts 1993, ch. 472, § 2.

Cross-References. Appropriation of funds, § 16-3-806.

8-7-112. Authorization to prosecute county ordinance violations.

District attorneys general with responsibility for prosecuting offenses in counties with populations of less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, and with a charter form of government pursuant to title 5, chapter 1, part 2, also are authorized to contract or enter into an agreement with such counties for the prosecution of violations of the ordinances of such counties.

Acts 1995, ch. 475, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Part 2
Criminal Investigators and Assistant District Attorneys General—Compensation

8-8-101. Prohibited from practice of law or serving as member of general assembly while sheriff.

No person shall engage in the practice of law or serve as a member of the general assembly while serving as sheriff.

Code 1858, § 357 (deriv. Acts 1777 (Nov.), ch. 8, § 4); Shan., § 446; Code 1932, § 693; T.C.A. (orig. ed.), § 8-801; Acts 2009, ch. 56, § 1.

Cross-References. Accounting for fees, title 8, ch. 22.

Appearing in court as attorney or counsel for any party prohibited, § 8-8-205.

Compensation for ex officio services, § 8-24-111.

Elected during regular August election, § 2-3-202.

Election contests, title 2, ch. 17.

Election of sheriff, Tenn. Const., art. VII, § 1.

Permitting escape, § 39-16-607.

Process, refusal or omission to execute, § 39-16-402.

Salary, title 8, ch. 24.

Special license plates for sheriffs, § 55-4-222.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Sheriffs, § 6.

Law Reviews.

Procedure and Evidence — 1959 Tennessee Survey, 12 Vand. L. Rev. 1281 (1959).

8-8-102. Qualifications for office — Affidavits — Training — Challenge to candidate's qualifications — Fraudulent challenge.

1. After May 30, 1997, to qualify for election or appointment to the office of sheriff a person shall:
   1. Be a citizen of the United States;
   2. Be at least twenty-five (25) years of age prior to the date of qualifying for election;
   3. Be a qualified voter of the county and a resident of the county for one (1) full year prior to the date of the qualifying deadline for running as a candidate for sheriff;
   4. Have obtained a high school diploma or its equivalent in educational training as recognized by the Tennessee state board of education;
   5. Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any misdemeanor crime of domestic violence or any felony charge or violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances;
   6. Be fingerprinted and have the Tennessee bureau of investigation (TBI) make a search of local, state and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of TBI. It shall be the responsibility of TBI to forward all criminal history results to the peace officer standards and training (POST) commission for evaluation of qualifications;
   7. Not have been released, separated or discharged from the armed forces of the United States with a dishonorable or bad conduct discharge, or as a consequence of conviction at court martial for either state or federal offenses;
   8. Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation;
   9. 1. Except as provided in subdivision (a)(9)(B), have at least three (3) years of full-time experience as a POST commission certified law enforcement officer in the previous ten (10) years or at least three (3) years of full-time experience as a state or federal certified law enforcement officer with training equivalent to that required by the POST commission in the previous ten (10) years; provided, that any person holding the office of sheriff on May 30, 2011, shall be deemed to have met the requirements of this subdivision (a)(9).
      2. Subdivision (a)(9)(A) shall not apply in any county having a metropolitan form of government where the sheriff does not have full law enforcement powers; and
   10. Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or violation of any federal or state laws relating to controlled substance analogues.
2. 1. Any person seeking the office of sheriff shall file with the POST commission, at least fourteen (14) days prior to the qualifying deadline, the following:
      1. An affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section; and
      2. A confirmation of psychological evaluation form certified by the psychologist/psychiatrist providing psychological evaluation as provided for in subdivision (a)(8) for the purposes of sheriff candidacy qualification. The form shall be developed by the POST commission and shall include the examining psychologist's/psychiatrist's license number and state of licensure. The form shall clearly state in bold face type directly above the signature line that a person who, with intent to deceive, makes any false statement on such application commits the offense of perjury pursuant to § 39-16-702. The form shall be made available by the POST commission upon request by any candidate for the office of sheriff.
   2. If such affidavit and form are not filed with the POST commission by the fourteenth day prior to the qualifying deadline for the office of sheriff, such candidate's name shall not be placed on the ballot. The POST commission shall have the authority to verify the validity of such affidavit and form.
   3. 1. The POST commission shall verify peace officer standards and training certification of any person seeking the office of sheriff to the extent subdivision (a)(9) requires such person to have such certification. If the person does not have such certification on the date the person files the affidavit seeking to qualify as a candidate for the office of sheriff, the POST commission shall certify whether the person has the three (3) years of full-time experience as a POST commission certified law enforcement officer and whether the certification is current. If the candidate does not have a current certification, or if the person has the law enforcement experience as a state or federal law enforcement officer pursuant to subdivision (a)(9), then such candidate shall certify with the county election commission by the withdrawal deadline their exemption pursuant to subdivision (a)(9).
      2. The original notarized verification form from the POST commission shall be filed by the POST commission with the county election commission by the withdrawal deadline.
      3. If the POST commission or the candidate, as appropriate, has not certified to the county election commission by the withdrawal deadline a person seeking to qualify as a candidate for the office of sheriff as meeting the qualifications as provided for in this section, such person's name shall not appear on the ballot.
      4. In the event that a person seeks election to the office of sheriff by the county legislative body to fill a vacancy in office, such verification must be filed with the county clerk prior to the election.
3. 1. Every person who is elected or appointed to the office of sheriff after May 30, 1997, shall, annually during the sheriff's term of office, complete forty (40) hours of in-service training appropriate for the rank and responsibilities of a sheriff. The training shall be approved by the POST commission. Any sheriff who does not fulfill the obligations of this annual in-service training shall lose the power of arrest.
   2. Every person who is elected to the office of sheriff after August 1, 2006, in a regular August general election for a four-year term, and is a first term sheriff, regardless of the person's previous law enforcement experience, must successfully complete the newly elected sheriffs' school prior to September 1 immediately following the person's election, and thereafter must successfully complete forty (40) hours of annual in-service training appropriate for the rank and responsibilities of a sheriff pursuant to subdivision (c)(1). The newly elected sheriffs' school shall be taught at the Tennessee law enforcement academy during the month of August, only in the years that elections for sheriffs are held. The curriculum shall be developed by the Tennessee law enforcement training academy in cooperation with the Tennessee Sheriffs' Association and must be approved by the POST commission. Any usual and customary cost associated with attending the newly elected sheriffs' school shall be paid by the county. Any such sheriff who does not fulfill the obligations of this training course shall lose the power of arrest. No fees collected for the sheriffs' school shall inure to the benefit of the Tennessee Sheriffs' Association.
4. A person may challenge whether a candidate has the required qualifications for sheriff, as identified in subsection (a); provided, that the challenge is filed in writing with the POST commission no later than twelve o'clock (12:00) noon prevailing time on the third day after the qualifying deadline, as determined under § 2-5-101(a).
5. If a candidate's qualifications are challenged pursuant to subsection (d), the POST commission shall:
   1. Notify the candidate of the challenge;
   2. Review and verify the candidate's required qualifications, identified in subsection (a);
   3. Review and verify the candidate's affidavit and psychological evaluation form, in accordance with subsection (b); and
   4. If the POST commission determines the candidate does not possess the required qualifications for sheriff:
      1. Disqualify the candidate;
      2. Notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline, as determined under § 2-5-101(a); and
      3. Request that the county election commission:
         1. Not print the candidate's name on any ballot; and
         2. Remove the candidate's name from any printed ballot.
6. 1. It is an offense for a person to intentionally file a fraudulent challenge under subsection (d).
   2. A violation of subdivision (f)(1) is a Class A misdemeanor punishable by fine only.

Code 1858, § 358 (deriv. Acts 1777 (Nov.), ch. 8, § 3); Shan., § 447; Code 1932, § 694; T.C.A. (orig. ed.), § 8-802; Acts 1993, ch. 373, § 2; 1994, ch. 941, § 1; 1997, ch. 338, §§ 1, 2; 2000, ch. 742, §§ 1, 2; 2001, ch. 360, § 1; 2001, ch. 413, § 15; 2006, ch. 948, § 1; 2011, ch. 370, § 1; 2012, ch. 848, § 5; 2013, ch. 137, § 1; 2015, ch. 508, § 1.

Cross-References. Bargain or sale in regard to office, penalty, § 39-16-105.

Employment and training of police officers, tit. 38, ch. 8.

Peace officer standards and training commission, § 38-8-102.

Penalty for Class A misdemeanor, § 40-35-111.

Vacancies in office, Tenn. Const., art. VII, § 2.

Attorney General Opinions. Meaning of “honorable discharge,” OAG 94-047, 1994 Tenn. AG LEXIS 47 (4/5/94).

Mental health certificate, OAG 94-108, 1994 Tenn. AG LEXIS 112 (9/20/94).

High school diploma requirement not satisfied by correspondence school diploma, OAG 98-071, 1998 Tenn. AG LEXIS 71 (3/26/98).

It is within the discretion of the peace officer standards and training commission to accept proof of admission to, or a diploma from, a fully accredited state college or university as sufficient to fulfill the requirement that an applicant for a position as a sheriff or police officer have a high school diploma or its equivalent, OAG 01-124, 2001 Tenn. AG LEXIS 115 (8/7/01).

A candidate for the office of sheriff must have been certified by a qualified professional in the psychiatric or psychological fields to be free of all apparent mental disorder as described in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM III) or its successor, of the American Psychiatric Association, OAG 02-009, 2002 Tenn. AG LEXIS 3 (1/9/02).

The statute does not specify when a psychological examination of a candidate for sheriff must be performed; however, the candidate must submit the certification on the form specified by the Tennessee Peace Officer Standards and Training Commission (the “POST Commission”), and the POST Commission cannot accept a form that does not meet the requirements specified in the statute; the individual signing the form must be able to certify that the representations the form includes are accurate as of the date the individual signs the form, and whether that individual may rely on an earlier examination or must perform an additional examination is a matter for that individual's professional judgment, in accordance with current professional standards, OAG 02-009, 2002 Tenn. AG LEXIS 3 (1/9/02).

A successful write-in candidate for the office of sheriff must still comply with the requirements of T.C.A. § 8-8-102 in order to qualify to have such candidate's name placed on the ballot for the general election; thus, a candidate must file the sworn and signed affidavit and confirmation of psychological evaluation form required by T.C.A. § 8-8-102 with the POST commission at some date prior to the general election held on the first Thursday in August, and what that date would be would depend upon the individual facts and circumstances, OAG 02-058, 2002 Tenn. AG LEXIS 59 (5/3/02).

Restoration of citizenship rights will not make a person eligible for employment as a police officer or for election or appointment as a sheriff, OAG 06-045, 2006 Tenn. AG LEXIS 45 (3/10/06).

Sheriff elected for second term of office and effect of failure to meet training requirements of T.C.A. § 8-8-102(a)(9). OAG 11-64, 2011 Tenn. AG LEXIS 66 (9/1/11).

T.C.A. § 8-8-102(a)(3) imposes two requirements on potential candidates who seek to qualify for election or appointment to the office of sheriff.  First, the candidate must be a “qualified voter of the county,” which requires the candidate to satisfy the qualifications in T.C.A. § 2-2-102, but does not require the candidate to be registered to vote.  Second, the candidate must have been a “resident of the county for one (1) full year” prior to the qualification deadline. OAG 17-36, 2017 Tenn. AD LEXIS 36 (8/30/2017).

8-8-103. Surety bond.

The sheriff, before entering on the duties of that office, shall enter into an official bond prepared in accordance with chapter 19 of this title, in a penalty of not less than one hundred thousand dollars ($100,000), or in a greater sum as the county legislative body may determine, payable to the state, and conditioned well and truly to execute and make due return of all process directed to the sheriff, and to pay all fees and sums of money received by the sheriff, or levied by virtue of any process, into the proper office or to the person entitled, and faithfully to execute the office of sheriff and perform its duties and functions during such person's continuance therein. This bond shall be acknowledged before the county legislative body, in open session, approved by it, recorded upon the minutes, and recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.

Code 1858, §§ 354, 355 (deriv. Acts 1777 (Nov.), ch. 8, § 2; 1839-1840, ch. 63, §§ 1, 5); Shan., §§ 443, 444; Code 1932, §§ 690, 691; Acts 1977, ch. 270, § 2; T.C.A. (orig. ed.), § 8-803; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1998, ch. 677, § 6; 2013, ch. 315, § 8.

Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which amended this section, shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

Cross-References. Clerk's recording fee, § 8-21-701.

Deputies' wrongdoings, nonliability for, § 8-8-301.

New or additional bond or sureties, § 8-19-402.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Sheriffs, §§ 6, 12, 20.

8-8-104. Oath of office.

The sheriff shall, besides the oaths prescribed for public officers, take an oath that the sheriff has not promised or given, nor will give, any fee, gift, gratuity, or reward for the office or for aid in procuring such office, that the sheriff will not take any fee, gift, or bribe, or gratuity for returning any person as a juror or for making any false return of any process, and that the sheriff will faithfully execute the office of sheriff to the best of such sheriff's knowledge and ability agreeably to law.

Code 1858, § 356 (deriv. Acts 1777 (Nov.), ch. 8, § 2); Shan., § 445; Code 1932, § 692; T.C.A. (orig. ed.), § 8-804.

Cross-References. Oath of office, §§ 8-18-107 — 8-18-114.

8-8-105. Replacement of sureties.

The county legislative body shall demand new sureties from the sheriff from time to time if the old sureties die, remove from the county, become insolvent, or otherwise unable to pay, as it, in its discretion, may judge necessary. A failure on the part of the sheriff to comply with such requirement within thirty (30) days shall vacate the office.

Code 1858, §§ 372, 373 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., §§ 462, 463; mod. Code 1932, §§ 709, 710; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-805.

8-8-106. Temporary appointment by county legislative body.

If a vacancy occurs in the office of sheriff, the vacancy shall be filled as provided for in § 5-1-104(b).

Code 1858, § 374 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., § 464; Code 1932, § 711; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-806; Acts 1981, ch. 318, § 4.

Cross-References. Filling vacancy, Tenn. Const., art. VII, § 2.

Temporary discharge of duties, § 8-8-107.

Time of election by people, § 2-3-202.

8-8-107. Vacancy in office — Temporary discharge of sheriff's duties.

In the event that the office of sheriff becomes vacant due to death, resignation, incapacity, or other causes, the duties of the office shall be temporarily discharged by the chief deputy, or administrative assistant or other highest ranking member of the sheriff's office, until the sheriff is able to reassume the office or until the county legislative body appoints a successor as provided for in § 5-1-104(b).

Code 1932, § 1906; Acts 1977, ch. 492, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-807; Acts 1981, ch. 318, § 5.

Cross-References. Constable acting for sheriff or coroner, § 8-10-113.

Election of sheriff at August general election preceding commencement of term, § 2-3-202.

Filling vacancy, Tenn. Const., art. VII, § 2; § 8-8-106.

8-8-108. Deputies acting during vacancy — Appointment of persons to serve process — Legislative adoption of service of process alternatives.

1. 1. In case of a vacancy in the office of sheriff, the deputies, or other authorized process servers except in counties specified in subdivision (a)(2), shall execute legal process in their hands as if the sheriff had continued in office, and shall be liable under law as in other cases.
   2. The provisions of subdivision (a)(1) relative to other authorized process servers shall not apply in the counties having a population of:

      not less than  nor more than

      41,800 41,900

      85,725 85,825

      143,900 144,000

      287,000 288,000

      according to the 1980 federal census or any subsequent census.

2. 1. The judge of a court of record or a general sessions judge may, upon petition filed by five (5) attorneys practicing before the court that they are unable to obtain reasonably prompt service of process from the court, appoint a person of legal age to serve any process or other papers, original or final, issued by the court, or do any act therein which the sheriff by law might do in any cause, except that such person shall not be authorized to serve process requiring the arrest of any person.
   2. Such appointment shall be made in writing under the hand of the judge and filed with the clerk of the court.
   3. The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties.
   4. The fees payable to such person shall be the same as those paid to the sheriff by virtue of the law in that behalf for like service, and limited as deputy sheriff fees are limited. However, in any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, such fees shall not be counted as court costs, but shall be awarded by the court as a part of the judgment.
   5. Such judge shall require the person so appointed, before acting, to give bond to the state for the benefit of the people of the state in the penal sum of five thousand dollars ($5,000) with such surety or sureties as such judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment. In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment.
   6. All process or papers served by the person appointed as provided in this subsection (b) shall be evidenced by the affidavit of such person making such service.
   7. Every person appointed as provided in this subsection (b) shall be liable in all respects to the law as respecting sheriffs so far as same may be applicable.
   8. In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census:
      1. The collection of fees for such private process service shall be solely the responsibility of the person serving the process;
      2. The judges of the courts of general sessions shall promulgate rules of court to govern the application of this subsection (b) in their county; and
      3. These rules established by the court shall include, but not be limited to, a requirement that the process server shall have a computer capability approved by the general sessions court clerk.
   9. In counties having a home rule charter form of government and where private process servers are appointed in general sessions court, the maximum fees allowed shall be established by an ordinance of the county board of commissioners. This subdivision (b)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the board of commissioners of any such home rule county.
3. 1. A person to serve process shall be appointed upon the petition of five (5) attorneys practicing before the general sessions court requesting appointment of persons to serve process. Such petition shall be filed with the county clerk and shall attest to the fact that the attorneys are unable to obtain reasonable, prompt service from the general sessions court. A person requesting appointment to serve process must file a petition with the county clerk requesting such appointment. A person appointed to serve process must be of legal age and be qualified to serve any process or other papers issued by the general sessions court or to do any act which the sheriff might do in serving process, except that such person shall not be authorized to serve process requiring the arrest of any person. The county clerk shall approve the petition to allow a person to serve process after a background check by the Tennessee bureau of investigation and the county sheriff's office has been completed. The county clerk shall administer an oath to the petitioner to uphold the laws of this state and the constitutions of the United States and Tennessee. A petitioner shall pay a fee not to exceed one hundred dollars ($100) to the county clerk for the cost of the background checks.
   2. Such appointment shall be made in writing under the hand of the county clerk.
   3. The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties.
   4. The fees payable to the person appointed to serve process shall be counted as court costs.
   5. The person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the county clerk may approve, conditioned for the faithful performance and execution by such person of that person's duties and for the payment of all moneys that may come into that person's hands by virtue of such appointment.
   6. All process or papers served by the person appointed as provided in this subsection (c) shall be evidenced by the affidavit of such person making such service.
   7. Every person appointed as provided in this subsection (c) is liable in all respects to the law as respecting sheriffs so far as it may be applicable.
   8. 1. The collection of fees for such private process service is solely the responsibility of the person serving the process;
      2. The county clerk has the power to suspend any person appointed to serve process who has violated the state or city laws governing the laws pertaining to civil process; and
      3. The process server shall have computer capability approved by the general sessions court clerk.
   9. The maximum fees allowed pursuant to this subsection (c) shall be established by ordinance of the county legislative body of any county to which this subsection (c) applies. This subdivision (c)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies.
   10. Notwithstanding subsection (b), this subsection (c) applies only to counties with a charter form of government with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and only upon the adoption of this subsection (c) by a two-thirds (2/3) vote of the legislative body of any county to which it applies.
4. 1. Notwithstanding the language of subsections (b) and (c) to the contrary, any county may adopt, by a two-thirds (2/3) vote of its legislative body, either subsection (b) or (c) to govern the service of process in courts of general sessions in such county.
   2. Upon the adoption of either subsection by the county legislative body, the presiding officer of such body shall certify such adoption to the secretary of state and shall specify the subsection such county adopted. Upon receiving such certification, the secretary of state shall notify the presiding general sessions court judge of the county or the county clerk, whichever is appropriate, of such county's adoption of the appropriate subsection.

Code 1858, § 370; Shan., § 460; Code 1932, § 707; Acts 1968, ch. 530, §§ 1-3; T.C.A. (orig. ed.), § 8-809; Acts 1987, ch. 338, §§ 1, 3-5; 1989, ch. 97, § 1; 1989, ch. 415, §§ 1-4; 1990, ch. 710, § 1; 1991, ch. 352, § 1; 1993, ch. 426, § 1; 1994, ch. 991, §§ 2, 3.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Appointment of special deputies, § 8-8-212.

Constable acting for sheriff or coroner, § 8-10-113.

Employment of deputies, title 8, ch. 20.

Fees of sheriff, title 8, ch. 21, part 9.

Judges and chancellors, appointment of receivers, § 17-1-205.

Judges and chancellors, extraordinary process, § 17-1-204.

Oath of office, § 8-18-112.

Temporary discharge of duties, § 8-8-107.

Wrongdoing of deputy, action against county authorized, §§ 8-8-302, 8-8-303.

Wrongdoing of deputy, sheriff not liable, § 8-8-301.

Law Reviews.

Recent Developments in Tennessee and Federal Procedure (Donald F. Paine), 36 Tenn. L. Rev. 276 (1969).

Attorney General Opinions. Appointment of private process servers, OAG 96-142, 1996 Tenn. AG LEXIS 162 (11/26/96).

Private process servers in general sessions court, OAG 99-115, 1999 Tenn. AG LEXIS 115 (5/14/99).

Private process servers appointed under T.C.A. § 8-8-108 may continue to serve any process or other papers issued by the general sessions court, including a garnishment or levy of execution, or do any act that the sheriff might do in serving process, except that a private process server may not serve process requiring the arrest of any person, OAG 02-079, 2002 Tenn. AG LEXIS 87 (7/15/02).

Authority of process servers appointed under T.C.A. § 8-8-108(b) and (c), OAG 03-078, 2003 Tenn. AG LEXIS 95 (6/20/03).

Collateral References.

Civil liability of sheriff charged with keeping jail or prison for act of deputy causing death or injury of prisoner. 14 A.L.R.2d 353, 41 A.L.R.3d 1021.

Power to appoint sheriff for term commencing at or after expiration of term of appointing officer or body. 75 A.L.R.2d 1277.

Part 2
Powers and Duties

NOTES TO DECISIONS

1. Appointment Without Private Act.

Although T.C.A. § 8-9-105(b) provides that the office of deputy coroner may be created by private act, this provision does not prevent a coroner from appointing a deputy in the absence of a private act. State v. Kelly, 697 S.W.2d 355, 1985 Tenn. Crim. App. LEXIS 2687 (Tenn. Crim. App. 1985).

2. Physician Acting as Medical Examiner.

There was nothing illegal about a physician on duty at an emergency room acting as medical examiner while that office stood vacant; when the physician signed the recommendation of autopsy forms, the physician was at least acting as a de facto officer, and any technical problem with the right to hold office had no effect on the validity of the physician's acts. State v. Kelly, 697 S.W.2d 355, 1985 Tenn. Crim. App. LEXIS 2687 (Tenn. Crim. App. 1985).

NOTES TO DECISIONS

1. Competency of Sheriff to Execute Process.

The execution of process by the sheriff or the sheriff's deputy in suits to which the sheriff was a party or in which the sheriff was interested was void. Stewart v. Magness, 42 Tenn. 310, 1865 Tenn. LEXIS 65 (1865); Carson v. Browder, 70 Tenn. 701, 1879 Tenn. LEXIS 225 (1879).

Where the sheriff was a mere nominal party, without any interest to be affected by the result of the litigation, and where no redress was sought against the sheriff, the sheriff was competent to serve process. Avery & Bumam v. Warren, 59 Tenn. 559, 1873 Tenn. LEXIS 111 (1873).

Where the sheriff's deputy had levied on personalty, the sheriff could execute a writ of replevin for it in a suit against the deputy, or could surrender the property in obedience to the writ of replevin; for, while the sheriff could not execute process in the sheriff's favor, yet, if the sheriff executed process against the sheriff or obeyed the same, the act would not be treated as a nullity at the sheriff's instance. Carson v. Browder, 70 Tenn. 701, 1879 Tenn. LEXIS 225 (1879).

2. Process Directed to Sheriff, Who May Execute.

Legal process could not be executed by anyone except the officer to whom it was directed, or the officer's duly constituted deputy, and an execution against a person holding the office of sheriff and others, directed to the sheriff, could not be executed by the coroner, and the officer incurred no liability for failure to execute or return it, although it actually came to the officer's hands. Brown v. Barker, 29 Tenn. 346, 1849 Tenn. LEXIS 81 (1849), overruled in part, Mullins v. State, 202 Tenn. 354, 304 S.W.2d 333 (1957), overruled, Mullins v. State, 202 Tenn. 354, 304 S.W.2d 333, 1957 Tenn. LEXIS 398 (1957).

8-10-101. Election of constables — Term of office — Reapportionment of districts — Abolition of office.

1. 1. Two (2) constables shall be elected by the qualified voters in the civil district of each county which includes the county town, and one (1) in every other civil district of the county, each of whom shall hold office for two (2) years, and until the qualification of a successor.
   2. All constables elected to a four-year term, as permitted by the procedure established in this subsection (a), before July 1, 1983, are declared validly elected and shall have the powers and duties established in this chapter and otherwise established by law.
   3. 1. Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, abolish the office of constable for that county or set the term of office for the constable at either two (2) or four (4) years. Any change would not be effective until the end of the current term being served by the constable.
      2. This subdivision (a)(3) does not apply in counties having a population of:

         not less than  nor more than

         13,625 13,675

         30,500 30,800

         31,200 31,300

         67,600 67,900

         73,500 73,900

         85,800 86,100

         according to the 1990 federal census or any subsequent federal census.

      3. 1. If the county legislative body of any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, adopts a resolution in accordance with subdivision (a)(3)(A) to abolish the office of constable for that county, the resolution shall not become operative until approved in an election to be held in accordance with subdivisions (a)(3)(C)(ii)-(v).
         2. Upon passage of the resolution, the county election commission shall, pursuant to § 2-3-204, hold an election on the question of whether or not the office of constable shall be abolished providing options to vote “FOR” or “AGAINST” the question, after the receipt of a certified copy of a resolution from the county requesting an election be held. The ballots used in the election shall have printed on them the substance of the resolution and the voters shall vote for or against its approval.
         3. The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by the commission to the local governing body.
         4. The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of the question on the ballot.
         5. A majority vote of those voting in the election shall determine whether the office of constable shall be abolished. If the question is approved the office of constable shall be abolished as provided in the resolution. If the question is not approved at the election, a successive referendum on the issue shall not be held for a period of two (2) calendar years.
2. 1. Constables in counties other than counties having populations of not less than one hundred twenty-seven thousand (127,000) nor more than one hundred twenty-eight thousand (128,000), according to the 1970 or any subsequent federal census, and other than those of class 1 as established by § 8-24-101, shall be elected from constable districts established by the county legislative body. Prior to May 20, 1978, the county legislative bodies shall meet and, a majority of the members being present and concurring shall establish constable districts subject to the following limitations:
      1. The number of constables to be elected shall not exceed one half (½) the number of county commissioners;
      2. Constable districts shall be reasonably compact and contiguous and shall not overlap; and
      3. In establishing constable districts, population may be determined in the manner used to establish county commissioner districts. After 1980, constable districts shall be reapportioned at least as often as county commissioner districts, to ensure compliance with the limitations prescribed in this subsection (b).
   2. In counties having a population of not less than eleven thousand five hundred (11,500) nor more than eleven thousand six hundred (11,600), according to the 1970 federal census or any subsequent federal census, there shall be no more than one (1) constable elected per commissioner district, and in addition one (1) additional constable shall be elected for each city or town.
   3. In counties having a population of not less than forty-three thousand two hundred (43,200) nor more than forty-three thousand three hundred (43,300), according to the 1970 federal census or any subsequent federal census, there shall be no more than two (2) constables elected per commissioner district.
   4. In counties having a population of not less than twenty-three thousand four hundred seventy-five (23,475) nor more than twenty-three thousand five hundred (23,500), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district and in addition one (1) additional constable shall be elected for the county town.
   5. In counties having a population of not less than thirty-five thousand four hundred (35,400) nor more than thirty-five thousand four hundred seventy (35,470), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district.
   6. The county legislative body in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census, may, upon passage of a resolution by a two-thirds (2/3) majority vote, provide that one (1) constable shall be elected for each commissioner from each county legislative district.
   7. In any county having a population of not less than seventy-one thousand one hundred (71,100) nor more than seventy-one thousand two hundred (71,200), according to the 2000 federal census or any subsequent federal census, a candidate qualifying for election to the office of constable shall indicate on the candidate's nominating petition the constable district for which the candidate is seeking to qualify, as well as either Seat A or Seat B.
3. 1. The office of constable is abolished in class 2 counties as established by § 8-24-101.
   2. This subsection (c) shall not apply in any county having a population of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census.
   3. Notwithstanding subdivision (c)(1), after June 21, 2010, if and when the population of any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200) or not less than one hundred thirty thousand four hundred (130,400) nor more than one hundred thirty thousand five hundred (130,500), according to the 2000 federal census or any subsequent federal census, increases to a size which would constitute any such county as a county of the second class in accordance with § 8-24-101(a)(2), subdivision (c)(1) shall not apply to such county.
4. The office of constable is abolished in class 1 counties, according to § 8-24-101.
5. The office of constable is abolished in any county having a population of not less than six thousand one hundred twenty-five (6,125) nor more than six thousand two hundred twenty-five (6,225), according to the 1980 federal census or any subsequent federal census.
6. The office of constable is abolished in any county having a population of not less than fourteen thousand nine hundred twenty-five (14,925) nor more than fourteen thousand nine hundred forty (14,940), according to the 1980 federal census or any subsequent federal census.
7. The office of constable is abolished in any county having a population of not less than seven thousand four hundred fifty (7,450) nor more than seven thousand five hundred (7,500), according to the 1980 federal census or any subsequent federal census.
8. Effective September 1, 1990, the office of constable is abolished in any county having a population of:

   not less than  nor more than

   9,475 9,550

   19,500 19,575

   24,600 24,650

   according to the 1980 federal census or any subsequent federal census.

9. The office of constable is abolished in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census.
10. The office of constable is abolished in any county having a population of not less than fifteen thousand six hundred (15,600) nor more than fifteen thousand eight hundred fifty (15,850), according to the 1990 federal census or any subsequent federal census.
11. It is the intent of the general assembly by the enactment of this subsection (k) to remove from the constable, in any county having a population of not less than fifty-nine thousand four hundred (59,400) nor more than fifty-nine thousand five hundred (59,500), according to the 1970 federal census or any subsequent federal census or

    not less than  nor more than

    100,300 100,600

    118,400 118,700

    according to the 1990 federal census or any subsequent federal census, any law enforcement powers and to retain such constable for the purpose of the service of lawfully issued process.

12. In accordance with Acts 1996, ch. 753, § 7, upon adoption of a resolution by the county legislative body of any county to which that act applies, effective September 1, 1998, the office of constable is abolished in such county.
13. The office of constable is abolished in any county having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand four hundred (17,400), according to the 1990 census or any subsequent federal census.
14. Constables in counties having populations of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census, shall be elected from constable districts established by the county legislative body.

Code 1858, § 384 (deriv. Const., 1834, art. 6, § 15); Acts 1851-1852, ch. 139, § 1; Shan., § 475; Code 1932, § 722; Acts 1978, ch. 934, § 23; T.C.A. (orig. ed.), § 8-1001; Acts 1980, ch. 598, § 1; 1981, ch. 56, § 1; 1982, ch. 601, §§ 1-5; 1982, ch. 796, § 1; 1983, ch. 160, § 1; 1983, ch. 163, §§ 1, 2; 1983, ch. 339, §§ 2, 3; 1983, ch. 340, § 1; 1983, ch. 341, § 1; 1984, ch. 588, § 1; 1989, ch. 385, § 1; 1990, ch. 678, § 1; 1991, ch. 9, §§ 1, 2; 1992, ch. 620, § 1; 1992, ch. 973, § 1; 1994, ch. 537, § 1; 1996, ch. 553, § 1; 1996, ch. 753, § 6; 1996, ch. 797, § 1; 1997, ch. 344, §§ 1-4, 6, 7, 9, 10; 1999, ch. 296, §§ 1, 2; 2004, ch. 450, §§ 1, 3; 2009, ch. 159, § 1; 2009, ch. 230, § 1; 2009, ch. 515, §§ 1, 3; 2010, ch. 1047, § 1.

Compiler's Notes. Subsection (e) was added by Acts 1983, chapters 339 and 341. The version codified above is that added by section 1 of ch. 341.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

For codification of Acts 1992, ch. 973, see the Session Law Disposition Table in Volume 13.

Acts 1996, ch. 753, referred to in (l ), amended this section, effective in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census, upon adoption of a resolution by July 15, 1996, by a two-thirds (2/3) vote of the county legislative body of such county. The section as set out above reflects the amendment by ch. 753.

Acts 1996, ch. 797, § 2 provides that nothing in the act shall be construed as having the effect of removing any incumbent from office or abridging the term of any official prior to the end of the term for which such official was elected.

Cross-References. Bribery, §§ 39-16-102 — 39-16-104.

Election contests, title 2, ch. 17.

Election, time for holding, § 2-3-202.

Law enforcement powers of constables, §§ 8-10-108, 40-6-210, 55-8-152, 55-9-414, 57-9-101.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 23; 22 Tenn. Juris., Sheriffs, § 2.

Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

Bradley County constable — handgun carry permit; county abolishing position, OAG 99-159, 1999 Tenn. AG LEXIS 149 (8/19/99).

Constable serving as deputy sheriff, OAG 99-160, 1999 Tenn. AG LEXIS 148 (8/19/99).

Abolition of office of constable in DeKalb County, OAG 03-092, 2003 Tenn. AG LEXIS 110 (7/28/03).

Abolition of office of constable in Johnson, Sullivan, McNairy, Stewart, and Lauderdale Counties, OAG 03-121, 2003 Tenn. AG LEXIS 29 (9/24/03).

In counties where the county commission may abolish the office of constable under T.C.A. § 8-10-101(a)(3)(A), a court would probably conclude that the offices of county commissioner and constable are incompatible under the common law, OAG 08-177, 2008 Tenn. AG LEXIS 226 (11/20/08).

Constables carrying firearms.OAG 13-110, 2013 Tenn. AG LEXIS 115 (12/27/13).

8-10-102. Qualifications for office.

1. 1. Except as provided in subdivision (a)(2), to qualify for election or appointment to the office of constable, a person shall:
      1. Be at least twenty-one (21) years of age;
      2. Be a qualified voter of the district;
      3. 1. Any person holding the office of constable on or before June 30, 2011, shall be able to read and write;
         2. Any person elected or appointed to the office of constable on or after July 1, 2011, shall possess at least a high school diploma or general educational development certificate (GED(R)); provided, however, that this subdivision (a)(1)(C)(ii) shall not apply to any person holding the office of constable on June 30, 2011, and who is re-elected to the office of constable on or after July 1, 2011, without any interruption in holding such office;
      4. Not have been convicted in any federal or state court of a felony; and
      5. 1. Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge.
         2. This subdivision (a)(1)(E) does not apply to any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, if a person has served in the office of constable for ten (10) or more years.
   2. This subsection (a) does not apply to a county having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census.
2. 1. Except as provided in subdivision (b)(2), any person seeking the office of constable shall file with the county election commission, along with the nominating petition, an affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that person seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit shall be filed with the county clerk prior to the election.
   2. This subsection (b) does not apply to a county having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census.
3. In counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census, no person under eighteen (18) years of age is eligible to the office of constable.

Code 1858, § 396; Shan., § 487; Code 1932, § 733; impl. am. Acts 1971, ch. 162, § 3; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 8-1002; Acts 1996, ch. 686, §§ 1, 4; 1997, ch. 554, § 1; 2011, ch. 481, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2011, ch. 481, § 4 provided that the act, which rewrote subdivision (a)(1)(C), shall apply to any election or appointment to the office of constable on or after July 1, 2011.

Attorney General Opinions. Franklin County constables, OAG 00-050, 2000 Tenn. AG LEXIS 50 (3/20/00).

The minimum age for a person to seek the office of constable for a county with a population of 12,826 according to the 2000 federal census is 21, OAG 01-152, 2001 Tenn. AG LEXIS 160 (9/25/01).

A diploma from a correspondence school is not a high-school diploma for purposes of T.C.A. § 8-10-102(a)(1)(C)(ii).OAG 14-39, 2014 Tenn. AG LEXIS 42 (3/31/14).

8-10-103. Vacation of office by removal from district.

A constable shall vacate office by removal from the district, and is liable to a penalty of forty dollars ($40.00) for acting as constable after such removal, to be recovered before any judge of the court of general sessions of the county in which the constable resides, one half (½) to the use of the person suing, and the other one half (½) to the use of the county.

Code 1858, § 399 (deriv. Const., 1834, art. 6, § 15); Shan., § 490; Code 1932, § 736; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1003.

8-10-104. Completion of in-service education required prior to exercise of law enforcement powers and authority.

1. A constable shall not exercise any law enforcement powers and authority conferred upon the constable by §§ 8-10-108, 39-17-1315, 39-17-1350, 40-6-210, 40- 6-212, 55-8-152, 57-9-101, 57-9-103, and 57-9-201, if the constable fails to complete the in-service education requirements described in part 2 of this chapter.
2. A constable who violates this section commits a Class C misdemeanor, subject to a fine only. Each day of a violation of this section constitutes a separate offense.

Acts 2020, ch. 688, § 1.

Compiler's Notes. Former § 8-10-104 (Code 1858, § 400; Shan., § 491; Code 1932, § 737; T.C.A. (orig. ed.), § 8-1004), concerning temporary appointments to fill vacancies in the office of constable, was repealed by Acts 1993, ch. 414, § 10(a), effective July 1, 1993.

Effective Dates. Acts 2020, ch. 688, § 2. July 1, 2020.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-10-105. [Repealed.]

Compiler's Notes. Former § 8-10-105 (Code 1858, § 401; Shan., § 492; Code 1932, § 738; T.C.A. (orig. ed.), § 8-1005), concerning elections to fill vacancies in the office of constable, was repealed by Acts 1993, ch. 414, §§ 8, 10(b), effective July 1, 1993.

8-10-106. Surety bond.

1. Before entering upon the duties of the office, every constable shall give bond. The bond shall be approved by the county legislative body and prepared in accordance with chapter 19 of this title. The county served by a constable may elect to pay the costs of obtaining and recording the constable's bond, as required by this section. If the county does not elect to pay such bond, the constable shall pay all costs of obtaining and recording the bond. The bond shall be in a penalty of not less than four thousand dollars ($4,000) nor more than eight thousand dollars ($8,000), at the discretion of the body, and shall be payable to the state, and conditioned for the faithful discharge of the duties of the office, and the prompt payment to the proper person of all moneys collected or received by the constable by virtue of the office. The bond shall be recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.
2. Notwithstanding any law to the contrary, the bond as required for a constable shall be a surety bond executed by a surety company authorized to do business in Tennessee as surety.

Code 1858, §§ 385, 386 (deriv. Acts 1837-1838, ch. 152; 1839-1840, ch. 63, §§ 2, 5); Shan., §§ 476, 477; Code 1932, §§ 723, 724; Acts 1977, ch. 270, § 4; 1978, ch. 689, §§ 2, 12; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1006; Acts 1998, ch. 677, §§ 8, 9; 2011, ch. 150, § 1.

Cross-References. New or additional bond or sureties may be required, § 8-19-402.

Recording fee of clerk, § 8-21-701.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Sheriffs, § 20.

8-10-107. Replacement of sureties.

The county legislative body, as in its discretion it may deem necessary, shall require constables to give new sureties whenever the old sureties die, remove from the county, or become insolvent or otherwise unable to pay.

Code 1858, § 387 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., § 478; mod. Code 1932, § 725; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1007.

Cross-References. New or additional sureties may be required, § 8-19-402.

8-10-108. Oath of office.

1. Except as provided in subsection (b), every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.
2. In counties having a population of:

   not less than  nor more than

   3,700 4,700

   6,000 7,800

   8,400 8,500

   8,535 8,540

   9,200 9,570

   10,770 10,780

   11,500 11,511

   11,512 11,550

   11,700 11,900

   12,060 12,500

   12,550 13,000

   14,500 14,600

   15,300 15,500

   15,750 16,000

   17,000 17,350

   18,000 18,200

   18,300 18,900

   19,000 19,100

   19,130 19,140

   21,000 21,500

   21,600 22,300

   23,200 23,350

   23,355 23,391

   23,391 23,450

   23,500 23,750

   24,000 24,255

   25,600 27,500

   27,900 28,000

   28,555 28,600

   28,825 28,827

   29,250 31,250

   31,260 33,000

   33,700 34,000

   35,480 41,800

   41,900 50,000

   57,550 59,400

   59,500 60,050

   60,600 62,000

   64,000 65,000

   101,000 118,400

   118,700 200,000

   according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.

3. The oath of office may be administered to the constable by any judge of the court of general sessions or other judicial officer of the constable's county.
4. Notwithstanding any other law or interpretation thereof to the contrary, the constables in counties having a population of not less than thirteen thousand five hundred sixty-five (13,565) nor more than thirteen thousand six hundred (13,600), according to the 1980 federal census or any subsequent federal census, shall continue to be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201.
5. Notwithstanding any other law to the contrary, the constables in counties having a population of not less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen thousand five hundred seventy-five (17,575), according to the 2000 federal census or any subsequent federal census, shall be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and  §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201.

Code 1858, §§ 388, 389 (deriv. Acts 1741, ch. 5, §§ 2, 6); Shan., §§ 479, 480; Code 1932, §§ 726, 727; Acts 1969, ch. 160, § 1; 1969, ch. 319, §§ 2, 4; 1970, ch. 383, § 1; 1970, ch. 384, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, § 2; 1971, ch. 231, § 1; 1972, ch. 472, § 1; 1973, ch. 197, § 1; 1973, ch. 382, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1008; Acts 1982, ch. 881, § 1; 1983, ch. 339, § 1; 1987, ch. 59, § 1; 1991, ch. 9, § 3; 1992, ch. 973, § 2; Private Acts 1994, ch. 191, § 1; Acts 1996, ch. 553, § 2; 1996, ch. 675, § 11; 1996, ch. 753, § 1; 2004, ch. 450, § 2.

Compiler's Notes. Acts 1983, ch. 339, § 3 provided that the amendment by that act would have no effect unless approved by a two-thirds vote of the county legislative body of any county to which it applied and that its approval or nonapproval should be proclaimed by the presiding officer of the county and certified by the presiding to the secretary of state. The amendment was approved July 9, 1983.

Acts 1987, ch. 59, adding (d), requiring a referendum to become effective, was approved in a referendum on April 27, 1987.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 1996, ch. 693, § 1 deleted provisions of former § 57-5-202 which granted enforcement authority under title 57, chapter 5, to constables.

Acts 1996, ch. 753, § 6 abolishes the office of constable, effective in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census, upon adoption of a resolution by July 15, 1996, by a two-thirds (2/3) vote of the county legislative body of such county. The section as set out above reflects the amendment by ch. 753.

Cross-References. Abolition of office of constable in Class 2 counties, § 8-10-101.

Filing oath of office, §§ 8-18-109 — 8-18-114.

Attorney General Opinions. Authority of Morgan County constables to carry guns, OAG 93-62, 1993 Tenn. AG LEXIS 62 (10/20/93).

Loudon county constables, OAG 94-95, 1994 Tenn. AG LEXIS 96 (8/30/94).

Overton County constables not law enforcement officers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

Constable serving as part-time town policeman, OAG 99-095, 1999 Tenn. AG LEXIS 95 (4/26/99).

Law enforcement powers of Bradley County constables, OAG 99-129, 1999 Tenn. AG LEXIS 124 (6/29/99).

Franklin County constables, OAG 00-050, 2000 Tenn. AG LEXIS 50 (3/20/00).

A constable of a county that falls within population brackets set out in T.C.A. § 8-10-108(b) is “a conservator of the peace with all the power and authority belonging to the office of constable by common law,” including law enforcement powers, OAG 02-094, 2002 Tenn. AG LEXIS 100 (8/28/02).

A constable with law enforcement powers is not a “neutral and detached” magistrate qualified to issue criminal arrest and search warrants; therefore, serving as constable directly interferes with an individual's ability to carry out the duties of the office of judicial commissioner, OAG 02-109, 2002 Tenn. AG LEXIS 114 (10/02/02).

Escorting a funeral, for hire, is not a law enforcement purpose; however, there is no statutory prohibition against a constable escorting funerals for a private party on his or her own time, if such activity does not interfere with the constable's performance of his or her official duties, OAG 02-116, 2002 Tenn. AG LEXIS 121 (10/18/02).

If a constable is escorting a funeral for a private party, he or she should take care not to convey the impression that the service is being performed in an official capacity; thus, the constable should not perform such services while in uniform or driving an official car using red or blue flashing lights and/or a siren, OAG 02-116, 2002 Tenn. AG LEXIS 121 (10/18/02).

8-10-109. Common law power reserved in certain counties.

1. Every constable, so elected and sworn, in those counties set out in § 8-10-108(b), including counties added to § 8-10-108(b) at any time subsequent to 1969, is a conservator of the peace and vested with all the power and authority belonging to the office of constable by common law.
2. 1. 1. Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by a two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, remove any law enforcement powers exercised by the constables of the county.
      2. Except as provided in subdivision (b)(1)(C), any such action by the county legislative body to remove such law enforcement powers shall apply to constables elected for terms of office following the expiration of the term of office of constables in office at the time such action is taken by the county legislative body.
      3. If during a constable's term of office, a constable is convicted of any felony or is removed from office under § 8-47-101 for knowingly or willfully committing misconduct in office, then with respect to such constable, the action of the county legislative body for removal of law enforcement powers shall become effective on the date such constable is removed from office or the date of the felony conviction; provided, however, that if the felony conviction is overturned and there is additional time remaining on the term of office for which the constable was elected, the law enforcement powers shall be restored to such constable until the end of such term of office.
   2. This subsection (b) does not apply in counties having a population of:

      not less than  nor more than

      13,625 13,675

      30,500 30,800

      31,200 31,300

      67,600 67,900

      73,500 73,900

      85,800 86,100

      according to the 1990 federal census or any subsequent federal census.

Code 1858, § 390 (deriv. Acts 1741, ch. 5, § 3); Shan., § 481; Code 1932, § 728; Acts 1969, ch. 160, § 2; 1969, ch. 319, §§ 1, 4; 1973, ch. 382, § 2; T.C.A. (orig. ed.), § 8-1009; Acts 1997, ch. 344, §§ 5-7, 9, 10; 2009, ch. 230, § 2; 2009, ch. 515, § 2; 2011, ch. 481, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Execution of process from other counties, § 8-8-202.

Judgment before justice on motion for misfeasance in office, § 16-15-733.

Motion for summary judgment against constable, §§ 25-3-101 — 25-3-105.

Attorney General Opinions. Overton County counstable not conservator of the peace, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

Law enforcement powers of Bradley County constables, OAG 99-129, 1999 Tenn. AG LEXIS 124 (6/29/99).

County constables are conservators of the peace within the meaning of T.C.A. § 8-10-109, OAG 02-116, 2002 Tenn. AG LEXIS 121 (10/18/02).

In counties where the county commission may remove constables’ law enforcement powers under T.C.A. § 8-10-109(b)(1), a court would probably conclude that the offices of county commissioner and constable are incompatible under the common law, OAG 08-177, 2008 Tenn. AG LEXIS 226 (11/20/08).

8-10-110. [Obsolete.]

Code Commission Notes.

This section (Code 1858, § 4147; Shan., § 5959; Code 1932, § 10160; T.C.A. (orig. ed.), § 8-1010), concerning the executive officers of justice courts, is deemed by the Code Commission to be obsolete.

8-10-111. Duties.

1. It is the duty of a constable to execute all process lawfully directed to the constable, and to wait upon the court, when appointed by the county legislative body or by the sheriff, as the case may be.
2. 1. In counties governed by a metropolitan government as provided for by title 7, chapters 1-3, any constable to whom a precept or process is directed by a judge or clerk of a court of general sessions may perform the constable's duties relating thereto by delivering such precept or process within a reasonable time to the sheriff of the county, who shall serve such precept or process.
   2. Upon delivering the precept or process to the sheriff as provided in this subsection (b) and taking a receipt therefor, the constable will have performed the constable's function and duty relating thereto. Thereupon, the constable and the surety on the constable's bond shall be relieved of all liability for failure to serve the precept or process, and the constable shall not be subject to any penalty or fine for refusing or neglecting to serve such precept or process.
   3. Nothing in this subsection (b) shall change, alter, or diminish the duties of the constable under § 8-10-113.
   4. Duly elected constables when proceeding under this subsection (b) shall not accept any fees for their services.
   5. Proper action hereunder by any constable shall not constitute a failure to perform such constable's statutory duties and shall not act to vacate the office.
3. All constables in counties having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census, may serve summonses, garnishments, subpoenas, attachments and all other documents from the circuit and chancery courts.

Code 1858, § 397; Shan., § 488; Code 1932, § 734; Acts 1967, ch. 157, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1011; Acts 1984, ch. 904, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Constable as conservator of the peace, § 8-10-109.

Execution of process from other counties, § 8-8-202.

Fees, § 8-21-901.

Fine for failure to serve process, § 8-10-115.

Grand jury process, § 8-10-114.

Judgment on motion for misfeasance in office, § 16-15-733.

Motion for summary judgment against constable, §§ 25-3-101 — 25-3-105.

Penalty for improper conduct of sales, § 8-10-116.

Service of process when employee of party to action prohibited, §§ 8-8-216, 8-8-217.

Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

8-10-112. Failure to perform duty.

A failure on the part of the constable to comply with such requirement in such reasonable time as the court may prescribe shall vacate the office.

Code 1858, § 398; Shan., § 489; Code 1932, § 735; T.C.A. (orig. ed.), § 8-1012.

Cross-References. Fine for failure to serve process, § 8-10-115.

Judgment on motion for misfeasance in office, § 16-15-733.

Motion for summary judgment against constable, §§ 25-3-101 — 25-3-105.

Penalty for improper conduct of sale, § 8-10-116.

Summary judgment for constable, §§ 25-3-114, 25-3-115.

Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

8-10-113. Acting for sheriff and coroner.

A constable may execute process from any court whenever there is at the time neither sheriff nor coroner, or whenever both the sheriff and the coroner are incompetent, or one (1) of those offices is vacant and the person holding the other office is incompetent in the particular case.

Code 1858, § 394 (deriv. Acts 1807, ch. 104, § 13); Shan., § 485; Code 1932, § 731; T.C.A. (orig. ed.), § 8-1013.

Cross-References. Filling vacancy in office of sheriff, § 8-8-106.

Fine for failure to serve process, § 8-10-115.

Process directed to coroner when sheriff a party or interested, § 8-9-106.

Temporary discharge of sheriff's duties when office vacant, § 8-8-107.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 23.13.

Attorney General Opinions. Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

8-10-114. Grand jury process.

A constable appointed to wait upon grand juries, during the term of the constable's appointment, has power and authority to execute and return all process for enforcing the attendance of witnesses sent for by the grand jury.

Code 1858, § 395 (deriv. Acts 1857-1858, ch. 29); Shan., § 486; Code 1932, § 732; T.C.A. (orig. ed.), § 8-1014.

Cross-References. Fees, § 8-21-901.

8-10-115. Fine for failure to serve process.

Any constable to whom a precept or process is directed by a judge of the court of general sessions who refuses or neglects to serve such precept or process may be fined for every such offense on complaint of any person prosecuting, at the discretion of the court, the fine to be paid to the person complaining.

Code 1858, § 391 (deriv. Acts 1741, ch. 5, § 8); Shan., § 482; Code 1932, § 729; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1015.

Cross-References. Execution of process from other counties, § 8-8-202.

Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

8-10-116. Penalty for improper conduct of sales.

It is a Class C misdemeanor, for which, on conviction, a constable may be removed from office and otherwise punished, for a constable to make any official sale at unlawful hours, or to purchase at the constable's own sales.

Code 1858, § 393 (deriv. Acts 1805, ch. 31, § 1; 1807, ch. 99, § 1; 1813, ch. 103); Shan., § 484; Code 1932, § 730; T.C.A. (orig. ed.), § 8-1016; Acts 1989, ch. 591, § 113.

Cross-References. Officers not to purchase at own sale, misdemeanor, § 39-16-405.

Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

Purchase of confiscated items by law enforcement officers, OAG 99-105, 1999 Tenn. AG LEXIS 105 (5/10/99).

8-10-117. Emergency deputation of special constable.

A judge may, in writing, specially depute any discreet person of full age, not being a party to the suit pending, to perform any particular duty devolving by law upon a constable, if no constable is at hand, and the business urgent; but no judge shall make such special deputation, unless one (1) of the parties to a suit pending, or the party's attorney, shall make oath before the judge, and file the same in writing, stating that, to the best of the party's information, there is no regular officer at hand, and that the business is urgent. The person thus deputized is vested with all the powers of a constable for the occasion, and is subject to the same obligations and penalties.

Code 1858, §§ 4148, 4149 (deriv. Acts 1741, ch. 5, § 9); Acts 1869-1870, ch. 104, § 1; Shan., §§ 5960, 5961; mod. Code 1932, §§ 10161, 10162; T.C.A. (orig. ed.), § 8-1017; imp. am. Acts 1979, ch. 68, § 3.

Cross-References. Minimum age of constable, § 8-10-102.

Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, §§ 10, 26, 32.

8-10-118. Vacancy in office.

Any vacancy in the office of constable shall be filled by appointment of the county legislative body and by election of the people in accordance with § 5-1-104.

Acts 1993, ch. 414, § 10.

Attorney General Opinions. Withdrawal of resignation by constable, OAG 07-136, 2007 Tenn. AG LEXIS 136 (9/24/07).

8-10-119. Official uniform.

1. Any constable may wear the official uniform of the type and design with the insignias of the Tennessee constable as described in subsection (b). Wearing of the uniform is permissive with the individual constable when such uniform is purchased by the constable; provided, that if such uniform is provided by the county, then the uniform shall be worn in accordance with a dress code adopted by the county legislative body or the sheriff of such county.
2. The official uniform for the constable shall consist of:
   1. Taupe pants with a one-inch wide brown stripe running vertically down each side of the pants;
   2. Shirts of either dark brown or white, at the discretion of the constable, displaying a patch of a design approved by the Tennessee Constable Association or the Tennessee Constable Council;
   3. A necktie of either taupe or brown, at the discretion of the constable; and
   4. Black leather gear and black shoes. Western type belts, holsters and tie-downs are prohibited.
3. This section does not apply in any county which has removed from constables any law enforcement powers.
4. This section does not apply in counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census.

Acts 1996, ch. 686, §§ 2, 4; 2004, ch. 655, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2004, ch. 655, § 7 provided that nothing in the act shall be construed or interpreted to authorize any constable or any constable organization to alter or amend the requirements of title 8, chapter 10, part 1, relative to authorized official uniforms for constables or the markings of constable patrol cars.

Acts 2004, ch. 655, § 8 provided that the Tennessee general assembly recognizes that the Tennessee Constable Council is a valid constable organization dedicated to enhancing the professionalism of Tennessee constables. The Tennessee Constable Council shall elect its own officers, set its own dues, determine its own eligibility requirements, and prescribe its own training and teaching requirements. No state funds shall be appropriated to the Tennessee Constable Council. The Tennessee Constable Council is not a governmental entity and is not subject to the governmental entity review law, compiled in title 4, chapter 29.

Attorney General Opinions. Uniform requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

8-10-120. Constable patrol cars.

1. Constable patrol cars may be white with a brown stripe running horizontally along the upper side. This color scheme shall not be used by any other state or local law enforcement official or agency; provided, that any state or local law enforcement official or agency that is using such color scheme on March 29, 1996, may continue to use such color scheme. When adopted for use by a county constable, the stripe design and other emblems and lettering shall conform to the official uniform markings adopted by the Tennessee Constable Association or the Tennessee Constable Council on file with the director.
2. Constable patrol cars which conform to the description in subsection (a), which are being operated as provided in § 55-9-414, and which are used as emergency vehicles, may be equipped with blue lights and/or red lights and sirens.
3. Nothing in this section shall prohibit a county constable from operating unmarked cars for other law enforcement purposes.
4. Any constable operating a patrol car and using the lights described in this section must have graduated from the last calendar date in-service sponsored by the Tennessee Constable Association or the Tennessee Constable Council.
5. Each constable shall be responsible for all costs in marking patrol cars.
6. This section shall not apply in any county which has removed from constables any law enforcement powers.
7. This section does not apply in counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census.

Acts 1996, ch. 686, §§ 3, 4; 2004, ch. 655, §§ 2, 3.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2004, ch. 655, § 7 provided that nothing in the act shall be construed or interpreted to authorize any constable or any constable organization to alter or amend the requirements of title 8, chapter 10, part 1, relative to authorized official uniforms for constables or the markings of constable patrol cars.

Acts 2004, ch. 655, § 8 provided that the Tennessee general assembly recognizes that the Tennessee Constable Council is a valid constable organization dedicated to enhancing the professionalism of Tennessee constables. The Tennessee Constable Council shall elect its own officers, set its own dues, determine its own eligibility requirements, and prescribe its own training and teaching requirements. No state funds shall be appropriated to the Tennessee Constable Council. The Tennessee Constable Council is not a governmental entity and is not subject to the governmental entity review law, compiled in title 4, chapter 29.

Attorney General Opinions. In-service training requirement for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

Traffic stops by constables in their personal vehicles, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).

Collateral References.

Authority of Public Official, Whose Duties or Functions Generally Do Not Entail Traffic Stops, To Effectuate Traffic Stop of Vehicle. 18 A.L.R.6th 519.

Part 2
Training and Qualifications

NOTES TO DECISIONS

1. Construction with Other Acts.

2. —Private Act for Payment of School Teachers.

Private Acts 1937, ch. 502, House Bill 1117, §§ 1-4 which imposed additional duties on the trustee and county superintendent of schools of Carter County in addition to those imposed by the general statutes with reference to the issuance and accounting for county warrants issued to school teachers and which gave the teachers of such county special advantages over the teachers in general in the state and which subjected the trustee of such county to forfeiture of office when no other trustee was subjected to such forfeiture was invalid as being partial and discriminatory. Anderson v. Carter County, 172 Tenn. 114, 110 S.W.2d 321, 1937 Tenn. LEXIS 59 (1937).

3. Settlement of Accounts — Time for.

Requirement as to the trustee's settlement and paying over the balance found in the trustee's hands was an imperative obligation, fixed by law; but the trustee could be required by the county legislative body to make settlement at any other time. Crockett v. Parkison, 43 Tenn. 219, 1866 Tenn. LEXIS 40 (1866).

It was the duty of trustee on going out of office to make settlement immediately with county executive (now county mayor), and to pay over the balance found in the trustee's hands to the trustee's successor, taking duplicate receipts. State use of Giles County v. Abernathy, 159 Tenn. 175, 17 S.W.2d 17, 1928 Tenn. LEXIS 73 (1929).

4. Deposit of Public Funds.

The trustee was neither a debtor nor an insurer of public funds nor did the trustee hold as a special bailee, but held as a trustee, and neither the trustee nor sureties were liable for the loss caused by deposit in a bank of undoubted standing and reputation which later failed. State use of Overton County v. Copeland, 96 Tenn. 296, 34 S.W. 427, 1895 Tenn. LEXIS 33, 54 Am. St. Rep. 840, 31 L.R.A. 844, 54 (1896).

5. Remedies of Warrant Holder.

The holder of county warrants could sue the county on them, without complying with the statutes, or following and exhausting all the modes prescribed by statute, for obtaining money from the county treasury. Gibson County v. Rains, 79 Tenn. 20, 1883 Tenn. LEXIS 7 (1883).

6. Payment of Interest on Warrants.

A county legislative body, as representative of the county, could, in consideration of forbearance to sue, contract with a creditor of the county for payment of interest on a county warrant after its registration by the trustee, until there was money in the treasury to meet it in its regular order, but no longer. Davidson County v. Olwill, 72 Tenn. 28, 1879 Tenn. LEXIS 3 (1879).

7. Surety Liability.

8. —Failure to Account.

The county trustee could maintain a bill in the chancery court against the sureties of a defaulting former trustee for an account of moneys collected for the use of common schools. Bedwell v. Jones, 77 Tenn. 168, 1882 Tenn. LEXIS 31 (1882); Jernegan v. Gray, 82 Tenn. 536, 1884 Tenn. LEXIS 156 (1884).

9. —Parties to Suit.

The school children of the county were not necessary parties to a suit on the official bond of the county trustees to recover school moneys from a delinquent trustee. State use of Anderson County v. Hays, 99 Tenn. 542, 42 S.W. 266, 1897 Tenn. LEXIS 66 (1897).

Collateral References.

Authority of attorney acting in official capacity to dismiss or otherwise terminate action. 56 A.L.R.2d 1290.

Power of county or its officials to compromise claims. 15 A.L.R.2d 1359.

NOTES TO DECISIONS

1. Refusal to Settle or Pay.

Where the motion was “for refusing to settle or pay, according to law,” and where the judgment assumed that the trustee “has failed or refused to make settlement, according to law,” without showing the time for which the trustee held office, and for which the trustee was liable to settle, and without showing that the trustee's default was for refusing to settle, as required by law, on going out of office, or under an order of the court requiring the trustee to make settlement, the judgment for the penalty fixed by this section was erroneous, and upon writ of error, it was reversed, and the case remanded. Crockett v. Parkison, 43 Tenn. 219, 1866 Tenn. LEXIS 40 (1866).

NOTES TO DECISIONS

1. Death of Trustee.

Under the provisions contained in § 67-1-1609, a motion against the sureties alone was upheld, where the trustee died before the motion was made or notice was given. Derrick v. State, 71 Tenn. 396, 1879 Tenn. LEXIS 96 (1879).

NOTES TO DECISIONS

1. Determination of Compensation.

The legislature may delegate to courts the ministerial or judicial duty of determining the amount of compensation that would justly remunerate an official for special services rendered. Carothers v. Giles County, 162 Tenn. 492, 39 S.W.2d 584, 1930 Tenn. LEXIS 113 (1931).

2. Bond Proceeds.

It is the general legislative policy of the state that county trustees shall receive and disburse the proceeds of county bonds without special compensation. Dreaden v. Halliburton, 166 Tenn. 331, 61 S.W.2d 670, 1932 Tenn. LEXIS 136 (1933).

Resolution of county legislative body authorizing one percent commission to county trustee for handling bond issue money was illegal as violative of this section, and a private legislative act applicable to a single county which attempts to provide to the contrary is unconstitutional. Dreaden v. Halliburton, 166 Tenn. 331, 61 S.W.2d 670, 1932 Tenn. LEXIS 136 (1933).

3. County Revenue.

Funds appropriated by the state to reimburse the counties on account of their expenditures on highways are an appropriation of state revenue made for use in paying obligations assumed by the state and are not county revenue so as to entitle the trustee to a commission for the handling of them. State v. Miner, 176 Tenn. 158, 138 S.W.2d 766, 1938 Tenn. LEXIS 148 (1940).

The funds paid over to the county by the state as county aid funds for the maintenance and improvement of county roads and the distributive share of counties in income tax paid over are county revenue for use in county purposes and are funds received from or through collecting officers upon which the trustee is entitled to a commission. State v. Miner, 176 Tenn. 158, 138 S.W.2d 766, 1938 Tenn. LEXIS 148 (1940).

4. School Funds.

County trustee was entitled to deduct commission from school funds distributed by the trustee to the city. Chattanooga v. Richardson, 188 Tenn. 639, 221 S.W.2d 953, 1949 Tenn. LEXIS 383 (1949).

In bill of interpleader filed by county trustee against county school board and county to determine whether trustee was entitled to a fee for handling funds of federal government turned over to county school board, chancellor was authorized to allow a fee of $1,500 to attorneys for trustee payable out of fund received from federal government. Larue v. Anderson County, 194 Tenn. 525, 253 S.W.2d 736, 1952 Tenn. LEXIS 416 (1952).

County trustee was not entitled to fee for handling of funds transmitted by federal government to county school board and in turn transmitted to trustee for purpose of operation and maintenance of school system at Oak Ridge in buildings and property owned by federal government. Larue v. Anderson County, 194 Tenn. 525, 253 S.W.2d 736, 1952 Tenn. LEXIS 416 (1952).

NOTES TO DECISIONS

1. Mistake in Survey.

The chancery court had jurisdiction of an action on the surveyor's official bond for a mistake in the survey of land sold by the acre, whereby an excessive quantity was included in the survey, but there could be no recovery for the value of such surplus where it could be recovered from the purchaser. State use of Henning's Heirs v. Keller, 79 Tenn. 399, 1883 Tenn. LEXIS 78 (1883).

2. —Measure of Damages.

When the action was by the vendor for a mistake in the survey of land sold by the acre, whereby an excessive quantity was included in the survey, the damages recoverable were: (1) The expense of the survey; (2) The costs actually expended in an action for the recovery of the excess from the vendee; and (3) The value of such excess where it could not be recovered from the vendee. State use of Henning's Heirs v. Keller, 79 Tenn. 399, 1883 Tenn. LEXIS 78 (1883).

Collateral References.

Surveyor's liability for mistake in, or misrepresentation as to accuracy of, survey of real property. 117 A.L.R.5th 23.

NOTES TO DECISIONS

1. Manner of Filling Vacancy.

Under Tenn. Const., art. VII, §§ 2, 5, a vacancy in the office of register shall be filled by the justices (now county legislative body) until the first day of September following the first regular biennial August election, when the vacancy shall be filled by the qualified voters of the county for the remainder of the unexpired term, commencing on the first day of September following. Tatum v. Rivers, 66 Tenn. 295, 1874 Tenn. LEXIS 128 (1874).

NOTES TO DECISIONS

1. Incorrect Registration of Conveyance.

A register of deeds was liable on bond for failure to correctly register a conveyance, notwithstanding the register's negligence was not willful, nor so gross as to imply willfulness. State use of Cardin v. McClellan, 113 Tenn. 616, 85 S.W. 267, 1904 Tenn. LEXIS 55 (1904).

NOTES TO DECISIONS

1. Vacancy by Removal.

Although a vacancy occasioned by the removal of the register to another state was not embraced by the words of this section, it was within the spirit of the law that the register's deputy could continue to act until a successor was appointed, and conveyances registered by such deputy during such vacancy were as effectual as if the vacancy had been occasioned by the register's death. Maley v. Tipton, 39 Tenn. 403, 1859 Tenn. LEXIS 237 (1859).

NOTES TO DECISIONS

1. Registration.

2. —Improper Registry.

When a trust deed, properly acknowledged, was noted and registered, it afforded constructive notice to all persons even though it was registered in the chattel mortgage book instead of the trust deed registry. Swepson v. Exchange & Dep. Bank, 77 Tenn. 713, 1882 Tenn. LEXIS 128 (1882).

3. —Liability for Mistake.

Where register failed to discharge duties, good faith and mistake was no defense. Brown v. Brown, 16 Tenn. App. 230, 64 S.W.2d 59, 1933 Tenn. App. LEXIS 6 (Tenn. Ct. App. 1933).

4. Certification — Sufficiency.

Where grantee in grant executed a deed on the back of the grant, a certificate by the register certifying “that the above and foregoing grant and certificates is a true and correct copy of a grant and certificates as the same appears of record in my office in Book C, page 374” was sufficient to cover grant and deed, since certificate constituted but one instrument. De Garmo v. Prater, 125 Tenn. 497, 146 S.W. 144, 1911 Tenn. LEXIS 43 (1911).

Collateral References.

Errors in public records, power and duty of recorders to correct. 156 A.L.R. 1321.

Failure to properly record or file instrument affecting property, consequences of neglect or fault of recording officer. 70 A.L.R. 595.

Validity and construction of regulations as to subdivision maps or plats. 11 A.L.R.2d 524.

NOTES TO DECISIONS

1. Responsibility of Register.

The office of register is one of great responsibility, and the duties and functions are very important to the public and to individuals, and the possible consequences of their mistakes should constantly admonish them to be careful and painstaking in the discharge of these duties. Maxwell v. Stuart, 99 Tenn. 409, 42 S.W. 34, 1897 Tenn. LEXIS 46 (1897); State use of Cardin v. McClellan, 113 Tenn. 616, 85 S.W. 267, 1904 Tenn. LEXIS 55 (1904).

Collateral References.

Breach of duty by recording officer, when statute of limitation commences to run. 110 A.L.R. 1067.

Failure to properly record or file instrument affecting property, neglect or fault of recording officer. 70 A.L.R. 595.

Liability of officer charged with duty of keeping record of instruments for mistakes or defects in record. 94 A.L.R. 1303.

8-14-101. Indigent person — Defined.

For the purposes of this part, an “indigent person” is one who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney:

1. In any criminal prosecution or juvenile delinquency proceeding involving a possible deprivation of liberty; or
2. In any habeas corpus or other post-conviction proceeding.

Acts 1989, ch. 588, § 1; 1991, ch. 345, § 1; T.C.A. § 8-14-201.

Code Commission Notes.

This section was renumbered from § 8-14-201 to § 8-14-101 by authority of the Code Commission in 2016.

Compiler's Notes. The Code Commission transferred numerous sections in this title to this part, effective upon the 2016 replacement of this volume. See the following parallel reference table for the old and new locations.

Old Sections New Sections

8-14-201             8-14-101

8-14-202             8-14-102

8-14-203             8-14-103

8-14-204             8-14-104

8-14-205             8-14-105

8-14-206             8-14-106

8-14-207             8-14-107

8-14-208             8-14-108

8-14-209             8-14-109

8-14-210             8-14-110

8-14-211             8-14-111

8-14-212             8-14-112

Cross-References. Public defender service as creditable service in consolidated retirement system, § 8-34-618.

Attorney General Opinions. Criminal prosecution construed to exclude child support and contempt proceedings, OAG 98-092, 1998 Tenn. AG LEXIS 92 (4/15/98).

“Public defenders” representation of indigents in child support and contempt proceedings, OAG 98-092, 1998 Tenn. AG LEXIS 92 (4/15/98).

Office of public defender a state agency, OAG 99-033, 1999 Tenn. AG LEXIS 18 (2/18/99).

8-14-102. Creation of the district public defenders office — Positions and qualifications — Elections and appointments.

1. For each judicial district, except the twentieth and thirtieth districts, the offices of district public defender, assistant district public defender and district investigator are hereby created.
2. 1. 1. The terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year.
      2. A vacancy in the office of the district public defender shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place.
      3. 1. Effective September 1, 2022, there is created the position of district public defender for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district public defender for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district public defenders.
         2. The district public defender of the thirty-second judicial district is entitled to three (3) assistant public defender positions, one (1) district investigator position, one (1) administrative assistant position, and two (2) secretary positions.
         3. On September 1, 2022, the district public defender is entitled to purchase such office space and other office property necessary to establish the office of the district public defender for the thirty-second judicial district. Nothing contained herein shall be construed as prohibiting such district public defender from also establishing an additional office in the thirty-second judicial district. By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district public defender for the thirty-second judicial district.
   2. The district public defender of any judicial district in which assistant district public defender positions are authorized by law shall appoint suitable persons to serve as assistant district public defenders. Any assistant district public defender shall be an attorney licensed to practice law in this state. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require.
   3. The district public defender of any judicial district in which district investigator positions are authorized by law shall appoint suitable persons to serve as district investigators. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require.
3. No person holding the office of district public defender pursuant to this part shall be permitted to engage in the practice of law except as the duties of such office require. No person employed as a full-time assistant district public defender or as a full-time district investigator pursuant to this part shall be permitted to engage in the practice of law except as the duties of such positions require. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of district public defender shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct.
4. 1. For each judicial district in which district public defenders are authorized, there shall be authorized the following number of assistant district public defender positions:

      Judicial district Assistant district public defender positions 1 6 2 6 3 6 4 5 5 3 6 16 7 3 8 4 9 3 10 5 11 10 12 4 13 5 14 3 15 4 16 5 17 4 18 4 19 6 21 4 22 5 23 4 24 4 25 5 26 5 27 3 28 3 29 3 31 1

      Click to view table.

   2. It is the legislative intent to provide additional assistant district public defender positions in both the 20th and 30th judicial districts in a manner consistent with the most current weighted caseload study. Funding for these positions shall be contingent upon specific appropriation by the general appropriations act for such positions.
5. For each district, there is authorized at least one (1) criminal investigator position and one (1) additional criminal investigator for each five (5) assistant district public defenders or majority portion of such number.
6. A district public defender may fill a full-time employee position with two (2) part-time employees. In order to implement such assignments, available funds may be reallocated or transferred, subject to overall budgetary limits.
7. There is authorized one (1) paralegal position for the sixth judicial district.
8. The number of assistant district public defender positions enumerated in this section or any other law for each specified judicial district shall be the minimum number of positions authorized in the district. Nothing in this section or any other law shall be construed to prohibit or prevent the employment of additional assistant district public defenders in a particular judicial district, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in this or any other section.

Acts 1989, ch. 588, § 2; 1990, ch. 751, § 5; 1990, ch. 964, § 1; 1992, ch. 965, § 1; 1993, ch. 472, § 7; 1994, ch. 904, § 1; 1995, ch. 473, § 1; 1996, ch. 1014, § 1; 1999, ch. 165, § 1; 2003, ch. 355, § 6; 2005, ch. 25, § 1; 2006, ch. 815, § 1; T.C.A § 8-14-202; Acts 2019, ch. 420, § 3; 2020, ch. 530, § 4.

Code Commission Notes.

Article II, § 24 of the Constitution of Tennessee provides, in part:

“Any law requiring the expenditure of state funds shall be null and void unless, during the session in which the act receives final passage, an appropriation is made for the estimated first year's funding.”

The Tennessee code commission has been advised by the commissioner of finance and administration that the necessary first year's funding was not appropriated during the 1991 regular session for the public act which would have amended this section.

The code commission was directed by Acts 1991, ch. 509, § 54 to not codify acts which did not receive first year's funding. Accordingly, Acts 1991, ch. 404, § 2, which would have amended this section, has not been codified. If ch. 404, § 2 had been codified, the amendment adding (d)(2) would have read as follows: “(d)(2) Notwithstanding the provisions of subdivision (d)(1), effective July 1, 1991, the district public defender of the thirteenth judicial district shall be entitled to an additional assistant district public defender position to be appointed, and who shall have the same qualifications and duties as is provided in subsection (b).”

This section was renumbered from § 8-14-202 to § 8-14-102 by authority of the Code Commission in 2016.

Compiler's Notes. Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Acts 2020, ch. 530, § 5 provided that the act, which amended this section, “shall not be construed to limit, terminate, or otherwise affect the term or future terms of office of any circuit court clerk, criminal court clerk, or clerk and master, subject to the residence requirement found in § 18-1-102. All such incumbents shall continue in office until the expiration of their respective terms of office and shall be eligible for reelection or reappointment. Nothing in this act shall be construed to require, permit, or authorize the consolidation of the offices of clerk and master, circuit court clerk, or criminal court clerk or to place any clerk in a position of dominance over any other clerk.”

Acts 2020, ch. 530, § 6 provided:

“(a)  All process issued after September 1, 2022, shall be returnable at the times and places fixed by local court rules promulgated in accordance with this act. All bonds and undertakings executed after September 1, 2022, shall be governed by local court rules, insofar as to appearance dates and other conditions relating to time and place.

“(b)  All cases, both civil and criminal except those that have previously been heard and taken under advisement, pending in any court in the twenty-first judicial district prior to September 1, 2022, shall as of that date be heard and determined in the appropriate court by the appropriate judge.

“(c)  Notwithstanding Tennessee Code Annotated, Title 16, Chapter 2, to the contrary, nothing in this act shall be construed to repeal, amend, or affect in any manner any jurisdiction granted to any local court by any public or private law.”

Amendments. The 2019 amendment rewrote (b)(1)(A), which read: “District public defenders appointed in the seventh, twenty-third and twenty-seventh judicial districts shall serve until their terms are completed on August 31, 1990. District public defenders appointed in the twenty-second, twenty-fourth, twenty-fifth and twenty-ninth judicial districts shall serve until their terms are completed on August 31, 1991. The district public defender in office in such districts on August 31, 1991, shall be appointed by the governor to serve as district public defender until August 31, 1992. Then, in the twenty-second, twenty-fourth, twenty-fifth and twenty-ninth judicial districts, the next succeeding term shall be for six (6) years, from September 1, 1992, until August 31, 1998. District public defenders in all other districts appointed initially pursuant to this part shall serve from September 1, 1989, until August 31, 1990. At the conclusion of the terms of office specified above, the terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Upon the completion of the term of the district public defender in each judicial district appointed under this subdivision (b)(1)(A), each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year. Except for the seventh, twenty-second, twenty-third, twenty-fourth, twenty-fifth, twenty-seventh and twenty-ninth judicial districts, prior to September 1, 1989, the governor shall appoint a district public defender for each judicial district from a list of three (3) names per district submitted by the judicial council. If the governor for any reason declines to appoint any of the nominees in a district, the governor shall notify the judicial council, which shall within sixty (60) days of such notice submit another three (3) names for such district. The governor shall have thirty (30) days after receipt of the list to decide whether to appoint any of the nominees.”

The 2020 amendment added (b)(1)(C).

Effective Dates. Acts 2019, ch. 420, § 27. May 21, 2019.

Acts 2020, ch. 530, § 7. March 10, 2020.

Law Reviews.

TBA's State-Wide Public Defender Bill: Priority Number One (Suzanne C. Robertson), 25 Tenn. B.J. 18 (1989).

What Price is Justice? Adequate funding for judicial system needs to be top priority of upcoming General Assembly (W. Andy Hardin), 37 Tenn. B.J. 23 (2001).

Attorney General Opinions. Continuation of work on criminal defense cases, OAG 94-102, 1994 Tenn. AG LEXIS 108 (9/9/94).

“Public defenders” representation of indigents in child support and contempt proceedings, OAG 98-092, 1998 Tenn. AG LEXIS 92 (4/15/98).

Municipal judge serving as assistant public defender for county, OAG 98-0123, 1998 Tenn. AG LEXIS 123 (7/17/98).

8-14-103. Office expenses.

The state shall provide each district public defender with suitable office space within the judicial district, together with necessary equipment and supplies and secretarial assistance. Nothing in this section shall be construed as prohibiting a county from providing another suitable office for such public defender or the public defender's personnel within the judicial district.

Acts 1989, ch. 588, § 3; 1991, ch. 345, § 2; T.C.A § 8-14-203.

Code Commission Notes.

This section was renumbered from § 8-14-203 to § 8-14-103 by authority of the Code Commission in 2016.

Attorney General Opinions. State ownership of equipment purchased for public defender's office, OAG 99-033, 1999 Tenn. AG LEXIS 18 (2/18/99).

Office of public defender a state agency, OAG 99-033, 1999 Tenn. AG LEXIS 18 (2/18/99).

8-14-104. District public defender — Duties.

1. The district public defender has the duty and responsibility of representing indigent persons for whom the district public defender has been appointed as counsel by the court. Either personally or through an assistant district public defender, the district public defender shall counsel with the accused and represent such accused in the trial court. If the accused is aggrieved by the judgment of the trial court imposing a sentence of imprisonment, or dismissing a habeas corpus or post-conviction petition, the district public defender shall advise such accused fully concerning rights of appellate review.
2. If the accused desires to appeal to an appellate court, the district public defender shall seasonably take all steps necessary to perfect the appeal, including a new trial motion when required and the filing of all essential transcripts and records with the clerk of the appellate court.
3. The district public defender has the duty and responsibility of handling all appeals filed by an indigent person represented in the trial courts of this state.
4. At such times and in such form and manner as may be directed by the chairs of the judiciary committee of the house of representatives and the judiciary committee of the senate, each executive director of the district public defenders conference shall submit reports reflecting the number, kind, status, and disposition of all cases and proceedings.

Acts 1989, ch. 588, § 4; 1990, ch. 751, §§ 1, 2; 1996, ch. 610, § 4; T.C.A § 8-14-204; Acts 2019, ch. 345, § 147; 2019, ch. 420, § 4.

Code Commission Notes.

This section was renumbered from § 8-14-204 to § 8-14-104 by authority of the Code Commission in 2016.

Amendments. The 2019 amendment by ch. 345, substituted “judiciary committee of the house of representatives” for “criminal justice committee of the house of representatives” in (d).

The 2019 amendment by ch. 420, substituted “criminal justice committee of the house of representatives and the judiciary committee of the senate, each executive director” for “judicial council, each executive director” in (d).

Effective Dates. Acts 2019, ch. 420, § 27. May 21, 2019.

Attorney General Opinions. The district public defender has no duty to appear at “drug court” staffings and appearances unless the defendant's liberty is directly at stake in the particular proceeding involved, OAG 03-009, 2003 Tenn. AG LEXIS 13 (1/24/03).

8-14-105. Determination of indigency — Appointment of counsel — Multiple defendants — Law students.

1. When any person appears without counsel before any court of this state exercising original jurisdiction (whether magistrate, general sessions, municipal, juvenile, circuit, criminal or any court empowered to deprive the person of liberty) upon a criminal prosecution or juvenile delinquency proceeding involving a possible deprivation of liberty, the court shall inquire whether such person is financially able to employ counsel. If the person claims to be without such means, the court shall examine such person and any witnesses the indigent person or the court may call and proceed to determine whether the person is indigent. The determination shall not be based alone on the person's ability to make a bail bond, but the court shall consider income, property, obligations, the number and ages of dependents and any other matters deemed pertinent.
2. In all habeas corpus and post-conviction proceedings, the court having original jurisdiction of the matter shall determine the question of the petitioner's indigency if such is claimed.
3. In every case arising under this section, the court's determination of indigency or nonindigency shall be reduced to writing and signed by the court and filed with the papers of the cause. If the court is one of record, the court's determination shall also be entered upon its official minutes.
4. If the court determines that the person is indigent, as defined in § 8-14-101, and the person has not waived the right to counsel, the court shall make and sign an order appointing the district public defender, or such other appointed counsel as provided by law, to represent the person. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes.
   1. If the court appoints the district public defender to represent an accused in any proceeding under this section, but finds the accused is financially able to defray a portion or all the cost to the state of representation by the public defender, then the court shall enter an order directing the party to pay into the registry of the clerk of such court such sum of money as the court determines the accused is able to pay. Such sum shall be subject to execution as any other judgment and may also be made a condition of discharge from probation. Such sum as ordered by the court shall be paid by the accused independently and separately from any fines and costs associated with the cause, and such moneys paid by the accused and collected by the clerk of the court pursuant to this section shall be collected independently and separately from any fines and costs associated with the cause and be applied directly to the sum ordered by the court to be paid under this section. The court may provide for payments to be made at intervals, which the court shall establish, and upon such terms and conditions as are fair and just. The court may also modify its order when there has been a change in the circumstances of the accused.
   2. The clerk of the court shall collect all moneys paid by an accused pursuant to this section. When the accused fails to comply with the orders of the court, the clerk shall notify the court of the accused's failure to comply. The clerk shall, at the end of each month, pay to, and forward all payments received pursuant to this section to the office of the executive director of the district public defenders conference. The clerk of the court shall receive a commission of five percent (5%) of all moneys collected pursuant to the order of the court; provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, such commission shall be ten percent (10%).
5. In any case or proceeding wherein there is more than one (1) indigent person accused, one (1) such person shall be represented by the district public defender's office, and the court shall appoint an attorney to represent such other indigent persons. Such other indigent persons may also be represented by the district public defender's office; provided, that the court makes an affirmative finding prior to the appointment that no conflict of interest exists and it appears there is good cause to believe no conflict of interest is likely to arise. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes.
6. In any case when the trial court is of the opinion that proper representation of an indigent person or persons makes it necessary to do so, the court may for that purpose appoint one (1) or more senior law students actively participating in a legal aid clinic operated by an approved law school located in the judicial district, in accordance with Tennessee Supreme Court Rule 7. The legal aid clinic shall be notified promptly of the appointment and shall be furnished a copy of the order of appointment. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes.
7. All attorneys and law students appointed as provided in subsections (e) and (f) shall be paid by the state pursuant to §§ 40-14-207 and 40-14-208.
8. Upon the appointment of the district public defender, and/or an attorney pursuant to subsections (e) and (f), no further proceedings shall be had in the case until such counsel has had reasonably sufficient time and opportunity to prepare the case for trial. District public defenders shall be authorized access to query state and federal criminal records history information as the duties of their office may require.
9. If the court determines that the person accused or proceeded against in any criminal prosecution or other proceeding involving a possible deprivation of liberty, or the person filing a habeas corpus or other post-conviction proceeding is not an indigent person, the court shall advise such person with respect to right to counsel and afford such person a reasonable time, to be fixed by the court, and opportunity to secure counsel and shall stay further proceedings until counsel so obtained has had reasonable time and opportunity to prepare the case for trial.

Acts 1989, ch. 588, § 5; 1990, ch. 751, § 3; 1991, ch. 345, §§ 3, 4; 1995, ch. 456, § 5; 1996, ch. 610, § 4; 1999, ch. 165, § 5; T.C.A § 8-14-205.

Code Commission Notes.

This section was renumbered from § 8-14-205 to § 8-14-105 by authority of the Code Commission in 2016.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Section 8-14-201 referenced in (d) was renumbered as 8-14-101 by the authority of the code commission in 2016.

8-14-106. Waiver of right to counsel — Writing — Procedure for acceptance.

1. No person in this state shall be allowed to enter a plea in any criminal prosecution or other proceeding involving a possible deprivation of liberty when not represented by counsel, unless such person has in writing waived the right to the assistance of counsel.
2. Before a court shall accept a written waiver of the right to counsel, the court shall first advise the person in open court concerning the right to the aid of counsel in every stage of the proceedings. The court shall at the same time determine whether or not there has been a competent and intelligent waiver of such right, by inquiring into the background, experience and conduct of the person and such other matters as the court may deem appropriate. If a waiver is accepted, the court shall approve and authenticate it and file it with the papers of the cause, and if the court is one of record, the waiver shall also be entered upon its official minutes.

Acts 1989, ch. 588, § 6; T.C.A § 8-14-206.

Code Commission Notes.

This section was renumbered from § 8-14-206 to § 8-14-106 by authority of the Code Commission in 2016.

8-14-107. Compensation.

1. Effective July 1, 1994, the salary for district public defenders shall be an amount equal to eighty-eight percent (88%) of the salary established by law for district attorneys general. Effective July 1, 1995, the salary for district public defenders shall be an amount equal to the salary established by law for district attorneys general. On March 1, 2018, the base salary for district public defenders shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act.
2. 1. A full-time assistant district public defender shall be compensated according to the following pay schedule:

      Entry level  $    49,080

      after one (1) year  52,164

      after two (2) years  55,248

      after three (3) years  58,344

      after four (4) years  61,452

      after five (5) years  64,512

      after six (6) years  67,596

      after seven (7) years  70,704

      after eight (8) years  73,812

      after nine (9) years  76,872

      after ten (10) years  79,968

      after eleven (11) years  83,052

      after twelve (12) years  86,100

      after thirteen (13) years  89,184

      after fourteen (14) years  92,256

      after fifteen (15) years  95,328

      after sixteen (16) years  98,424

      after seventeen (17) years  101,220

      after eighteen (18) years  103,932

      after nineteen (19) years  106,548

      after twenty (20) years  109,020

      after twenty-one (21) years  112,620

      after twenty-two (22) years  116,316

      after twenty-three (23) years  120,144

      after twenty-four (24) years  124,392

      after twenty-five (25) years  128,616

   2. The salary levels for assistant district public defenders shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.
   3. The executive director of the Tennessee district public defenders conference shall certify the entry level of compensation awarded to assistant district public defenders based on prior service credits. Subject to the approval of the district public defender, assistant district public defenders shall be entitled to prior service credits as follows:
      1. Any assistant district public defender who has prior experience as an assistant district public defender, an assistant district attorney general, a district public defender, a district attorney general, a criminal investigator for the district public defenders, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney who served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction or an attorney who as a commissioned officer worked as a military attorney in the field of criminal defense or criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district public defender, and subject to the approval of the executive committee of the Tennessee district public defenders conference.
      2. The executive director of the Tennessee district public defenders conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years.
   4. Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
   5. The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
   6. The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2009, through June 30, 2010, is included.
3. 1. Effective March 1, 2018, all full-time district investigators shall be compensated according to the following pay schedule:

      Entry level $ 33,852

      after two (2) years  36,924

      after four (4) years  39,972

      after six (6) years  43,032

      after eight (8) years  46,164

      after ten (10) years  49,188

      after twelve (12) years  52,320

      after fourteen (14) years  55,332

      after sixteen (16) years  58,428

      after eighteen (18) years  61,512

      after twenty (20) years  64,584

   2. The salary levels for district investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.
   3. The executive director of the district public defenders conference shall certify the level of compensation awarded to district investigators based on prior service credits. Subject to the approval of the district public defender, district investigators are entitled to the same prior service credits as allowed criminal investigators for the district attorneys general in § 8-7-231, as well as relevant experience as a criminal defense investigator.
   4. If a district public defender having a vacant district investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district public defender, the appointee may, upon recommendation of the appointing district public defender, with approval of the executive committee of the district public defenders conference be compensated as an assistant district public defender as provided for in subsection (b).
   5. Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
   6. The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
   7. The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2020. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2009, through June 30, 2010, is included.

Acts 1989, ch. 588, § 8; 1994, ch. 1007, §§ 1-3; 1996, ch. 610, § 4; 1999, ch. 165, §§ 2-4; 2003, ch. 355, §§ 7, 8, 14; 2004, ch. 819, § 1; 2006, ch. 969, § 1; 2007, ch. 544, § 1; 2009, ch. 531, §§ 24-26; T.C.A § 8-14-207; Acts 2017, ch. 461, §§ 7, 8; 2018, ch. 899, §§ 2, 3, 6; 2019, ch. 202, § 3; 2019, ch. 386, § 1; 2020, ch. 757, § 1.

Code Commission Notes.

This section was renumbered from § 8-14-207 to § 8-14-107 by authority of the Code Commission in 2016.

Compiler's Notes. Acts 1994, ch. 1007, § 1 establishes the district public defender salary as a percentage of the district attorney general salary. Effective July 1, 1994, this amount was $71,940 per year.

Acts 1994, ch. 1007, § 4 provided that no level of compensation shall be reduced by the amendments to this section by that act for any assistant district public defender or district investigator who is employed on July 1, 1994.

Per Acts 1994, ch. 1011, the general appropriations act, public defenders get up to four percent extra along with all other state employees sometime after July 1, 1994.

Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531.

Amendments. The 2017 amendment added (b)(5) and (c)(6).

The 2018 amendment rewrote the last sentence in (a) which read: “The annual salary shall be adjusted to reflect all salary increases provided to the district attorney general.”; and rewrote the assistant district public defender pay schedule in (a)(1) and the district investigator pay schedule in (c)(1).

The 2019 amendment by ch. 202, added (b)(6).

The 2019 amendment by ch. 386, in (c)(3), substituted “are” for “shall be” preceding “entitled to”, and added “, as well as relevant experience as a criminal defense investigator” at the end.

The 2020 amendment added (c)(7).

Effective Dates. Acts 2017, ch. 461, § 12. July 1, 2017.

Acts 2018, ch. 899, § 7. May 3, 2018.

Acts 2019, ch. 202, § 4. July 1, 2019.

Acts 2019, ch. 386, § 2. July 1, 2019.

Acts 2020, ch. 757, § 2. July 1, 2020.

Attorney General Opinions. Continuation of work on criminal defense cases, OAG 94-102, 1994 Tenn. AG LEXIS 108 (9/9/94).

Prior service credits, OAG 95-110, 1995 Tenn. AG LEXIS 130 (11/21/95).

Assistant district public defenders, eligibility for longevity pay, OAG 96-102, 1996 Tenn. AG LEXIS 107 (7/31/96).

A district public defender and the district public defenders conference may not recognize prior service credits after the initial hiring of an assistant public defender, OAG 00-075, 2000 Tenn. AG LEXIS 78 (4/17/00).

The district public defender and the district public defenders conference may not recognize prior service credits after the initial hiring of an assistant public defender, OAG 00-075, 2000 Tenn. AG LEXIS 78 (4/17/00).

If the district public defenders conference previously awarded certain prior service credits without the recommendation or approval of the district public defender, it would not be required to recognize other prior service credits without approval of the district public defender, OAG 00-075, 2000 Tenn. AG LEXIS 78 (4/17/00).

Collateral References.

Right of public defenders to join collective bargaining unit. 108 A.L.R.5th 241.

8-14-108. Personnel — State employees.

The personnel of the public defender system shall be state employees, entitled to all state employee benefit programs.

Acts 1989, ch. 588, § 7; T.C.A § 8-14-208.

Code Commission Notes.

This section was renumbered from § 8-14-208 to § 8-14-108 by authority of the Code Commission in 2016.

Attorney General Opinions. Office of public defender a state agency, OAG 99-033, 1999 Tenn. AG LEXIS 18 (2/18/99).

Collateral References.

Right of public defenders to join collective bargaining unit. 108 A.L.R.5th 241.

8-14-109. Immunity of state and personnel of public defender's office.

No court in this state has any power, jurisdiction or authority to entertain any suit against the state or against any public defender or any employees thereof acting in their official capacity with a view to reach the state, its treasury, funds or property, or the funds or property of any public defender or its employees for any act of negligence arising from the execution of the employee's official duties as an employee of the district public defenders conference; provided, that this shall not be construed to bar any suit against the state or an official of the state alleging any ground or seeking any relief which could be sought under a writ of habeas corpus or petition for post-conviction relief.

Acts 1989, ch. 588, § 26; 1991, ch. 345 § 5; T.C.A § 8-14-209.

Code Commission Notes.

This section was renumbered from § 8-14-209 to § 8-14-109 by authority of the Code Commission in 2016.

Attorney General Opinions. State liability for negligence of senior law students appearing for indigents, OAG 99-028, 1999 Tenn. AG LEXIS 23 (2/17/99).

Office of public defender a state agency, OAG 99-033, 1999 Tenn. AG LEXIS 18 (2/18/99).

8-14-110. Twentieth and thirtieth judicial districts — State funding.

For the twentieth and thirtieth judicial districts, the state shall pay, in equal quarterly installments, to the county or metropolitan government which has a local public defender, an amount annually appropriated for that purpose. Such amount shall not be less than the amount appropriated in fiscal year 1992-1993. In addition to the amount appropriated in 1992-1993 the base level of state support on July 1, 2013, shall be adjusted to reflect the percent of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, between that figure for the calendar year 2011 and the calendar year 2012. Each succeeding July 1, a similar adjustment shall be made, based on the percent of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. No adjustment provided for herein shall exceed five percent (5%) per annum. The base level of state support may be adjusted accordingly each year to meet state budget requirements or to reflect changes to programs, workloads or other operational costs.

Acts 1992, ch. 965, § 4; 2013, ch. 286, § 1; T.C.A § 8-14-210.

Code Commission Notes.

This section was renumbered from § 8-14-210 to § 8-14-110 by authority of the Code Commission in 2016.

8-14-111. Special personnel for expedition of post-conviction proceedings in capital cases.

The district public defender is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period.

Acts 1993, ch. 472, § 3; T.C.A § 8-14-211.

Code Commission Notes.

This section was renumbered from § 8-14-211 to § 8-14-111 by authority of the Code Commission in 2016.

Cross-References. Appropriation of funds, § 16-3-806.

8-14-112. Additional assistant district public defender positions.

1. Effective July 1, 2004, there are created eighteen (18) additional assistant district public defender positions to be designated in judicial districts as provided in this section.
2. 1. The executive director of the district public defenders conference and the administrative director of the courts shall meet and prepare a report that contains the recommendations of such officials as to the specific judicial districts in which the additional assistant district public defender positions created pursuant to subsection (a) should be designated. Such report shall be prepared in consultation with the comptroller.
   2. By October 1, 2004, the executive director of the district public defenders conference shall file the report prepared pursuant to subdivision (b)(1) with the speakers of the senate and house of representatives and chairs of the judiciary committees of the senate and house of representatives. Upon the filing of such report, the district public defenders recommended by the report to receive additional assistant positions shall be authorized to interview and employ persons to fill such positions.
3. As early as is practicable during the first session of the one hundred fourth general assembly, the general assembly shall consider and enact legislation that specifically designates the judicial districts in which the persons employed in the additional assistant district public defender positions created pursuant to subsection (a) will serve.

Acts 2004, ch. 821, § 1; T.C.A § 8-14-212.

Code Commission Notes.

This section was renumbered from § 8-14-212 to § 8-14-112 by authority of the Code Commission in 2016.

8-14-113. Direct public defender appellate division.

1. The district public defenders conference shall establish, and the executive director shall operate, the district public defender appellate division for the purpose of representing indigent persons in direct appeals, pursuant to § 8-14-104, to the Tennessee court of criminal appeals and the Tennessee supreme court.
2. The executive director, or the executive director's designee, shall be the director of the appellate division.
3. An assistant public defender of the appellate division must be an attorney licensed to practice law in this state. A person so employed serves at the direction of the executive director and performs such duties as the executive director may require.
4. 1. The appellate division shall represent indigent persons upon appeal from the circuit or criminal courts in this state, pursuant to § 8-14-104.
   2. The appellate division may, however, refuse the appointments where necessary:
      1. Due to a conflict of interest;
      2. If the executive director determines the existing caseload cannot be increased without jeopardizing the appellate division's ability to provide effective representation; or
      3. Where the district public defender deems it necessary for the best interests of the defendant.
5. 1. In order to effectively and efficiently use the resources of the appellate division, the executive director may:
      1. Select and employ staff attorneys to perform the duties prescribed by this section; and
      2. Fill a full-time employee position with two (2) part-time employees.
   2. In order to implement assignments, available funds may be reallocated or transferred, subject to overall budgetary limits.
6. A person employed as a full-time assistant public defender in the appellate division pursuant to this section is not permitted to engage in the practice of law except as the duties of such position requires. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the district public defender appeals division shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct.
7. Effective July 1, 2019, there are authorized six (6) appellate attorney positions within the appellate division.
8. Appellate division attorneys are to be compensated as assistant public defenders pursuant to § 8-14-107.

Acts 2019, ch. 428, § 1.

Effective Dates. Acts 2019, ch. 428, § 3. July 1, 2019.

Part 2
District Public Defenders Conference

Code Commission Notes.

This part, title 8, chapter 16, part 2 was renumbered from title 8, chapter 14, part 3 by authority of the Code Commission in 2016.

8-16-101. Election — Residency requirement — Eligibility.

1. There shall be elected by the members of the county legislative body as many notaries public as they may deem necessary. In addition to any other requirement imposed by law, a person must be a United States citizen or a legal permanent resident in order to hold the office of notary public. At the time of their election, all notaries must be residents of the county, or have their principal place of business in the county, from which they were elected. If an individual's principal place of business is in any county in the state of Tennessee, the individual is eligible for election as a notary in that county, although the individual may reside in a state other than Tennessee.
2. Nothing contained within § 5-5-102(c)(2), or any other law, shall be construed to prohibit a member of a county legislative body from also serving as a notary public; provided, that such member complies with the requirements established within this part.
3. In addition to any other eligibility requirements, each person applying for election as a notary public shall certify under penalty of perjury that such person:
   1. Has never been removed from the office of notary public for official misconduct;
   2. Has never had a notarial commission revoked or suspended by this or any other state; and
   3. Has never been found by a court of this state or any other state to have engaged in the unauthorized practice of law.

Code 1858, § 1792 (deriv. Acts 1835-1836, ch. 11, § 1; 1851-1852, ch. 331, § 2; 1853-1854, ch. 139, § 1); Acts 1881, ch. 64, § 1; Shan., § 3194; mod. Code 1932, § 5892; Acts 1971, ch. 142, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1601; Acts 1989, ch. 334, § 1; 1993, ch. 418, § 3; 2004, ch. 854, §§ 1, 2; 2008, ch. 834, § 1.

Compiler's Notes. Former parts 2-3 of this chapter were rearranged by Acts 2004, ch. 854, which combined parts 1, 2 and 3 into one part.

Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

Cross-References. Election by county legislative body, § 5-5-111.

Fees and compensation for services, § 8-21-1201.

Powers of officers of armed forces, §§ 58-1-234, 58-1-605 — 58-1-607.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Notary Public, § 1.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

Attorney General Opinions. United States citizenship requirement, proposed, OAG 94-059, 1994 Tenn. AG LEXIS 61 (4/15/94).

Inability of the state to require notaries public to be United States citizens. (Opinion No. 94-059 reaffirmed), OAG 06-026, 2006 Tenn. AG LEXIS 26 (2/7/06).

Qualifications for individuals seeking commission as a notary public, OAG 07-076, 2007 Tenn. AG LEXIS 76 (5/22/07).

A notary public is a state official whose duties are prescribed by statute, OAG 07-157, 2007 Tenn. AG LEXIS 157 (11/26/07).

Complaints of criminal misconduct by a notary public should be directed to the appropriate law enforcement agency in the municipality or county in which the alleged conduct took place, OAG 07-157, 2007 Tenn. AG LEXIS 157 (11/26/07).

8-16-102. Approval of notaries.

All notaries shall be approved by the governor. For purposes of this section, “approved” means to accept or to sanction, and does not mean to appoint.

Code 1858, § 1793 (deriv. Acts 1835-1836, ch. 11, § 4); Shan., § 3195; Code 1932, § 5893; T.C.A. (orig. ed.), § 8-1602; Acts 2014, ch. 805, §§ 1, 4.

Cross-References. Officers commissioned, § 8-18-106.

Collateral References.

Notary as an officer. 79 A.L.R. 449.

8-16-103. Term of office.

The term of office of notaries public shall be four (4) years, such term to begin on the date of the issuance of their commissions by the governor.

Acts 1925, ch. 79, § 1; Shan. Supp., § 3195a1; Code 1932, § 5894; T.C.A. (orig. ed.), § 8-1603.

8-16-104. Surety bond.

Every notary public, before entering upon the duties of office, shall give bond executed by some surety company authorized to do business in Tennessee as surety, or with two (2) or more good sureties approved by the county legislative body, in the penalty of ten thousand dollars ($10,000), payable to the state, conditioned for the faithful discharge of the notary's duties. The bond shall be filed in the office of the county clerk in the county where elected.

Code 1858, § 1794 (deriv. Acts 1817, ch. 77, § 2; 1835-1836, ch. 11, § 2); Shan., § 3198, Code 1932, § 5898; Acts 1977, ch. 270, § 9; 1978, ch. 619, § 1; 1978, ch. 689, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 8-1604; Acts 1984, ch. 883, §§ 1, 2; 1993, ch. 57, § 3; 2004, ch. 854, § 3; 2007, ch. 254, § 1.

Compiler's Notes. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

Cross-References. New or additional bond or sureties may be required, § 8-19-402.

8-16-105. Oath of office.

A notary public shall also take and subscribe, before the county clerk or the clerk's deputy within the notary public's county, an oath to support the constitutions of this state and of the United States, and an oath that the notary will, without favor or partiality, honestly, faithfully, and diligently discharge the duties of notary public.

Code 1858, § 1795 (deriv. Acts 1835-1836, ch. 11, § 2); Acts 1911, ch. 59, §§ 1, 2; Shan., § 3199; Code 1932, § 5899; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1605.

Cross-References. Oath of office, §§ 8-18-107 — 8-18-114.

Attorney General Opinions. Notarization of spouse’s signature.  OAG 10-97, 2010 Tenn. AG LEXIS 107 (9/13/10).

8-16-106. Payment of fee — Issuance of commission.

It is the duty of any person elected a notary public, who desires to qualify for such office, to pay to the county clerk of the county in which the notary resides or has principal place of business and was elected, the fee required to be paid into the office of the secretary of state for the issuance of a commission to a notary public. Thereupon, it is the duty of the county clerk to certify the notary's election to the secretary of state and forward to the latter the fee. It is the duty of the secretary of state, upon receipt of the certificate and fee, to forward such commission to the county clerk, when the same has been issued by the governor, and the county clerk shall promptly notify the person to whom such commission is issued that the same has been received in the clerk's office. The county clerk shall be entitled to a fee of seven dollars ($7.00), due with payment of the fee to the secretary of state, for the services performed according to this section.

Acts 1925, ch. 79, § 2; Shan. Supp., § 3195a2; Code 1932, § 5895; Acts 1971, ch. 142, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1606; Acts 1986, ch. 614, § 1.

Cross-References. Amount of fee, § 8-21-201.

Fee for qualification in other counties, § 8-16-109.

Specific fees of county clerks, § 8-21-701.

8-16-107. Delivery of commission — Clerk's record.

The county clerk shall not deliver the commission until the person elected has taken the oath and executed the bond, as required. The county clerk shall make a record of the date of the issuance and the expiration of the commission, noting the same on the bond executed by the notary public and also in the minute entry showing the notary's qualification as such notary public.

Acts 1925, ch. 79, § 3; Shan. Supp., § 3199a1; mod. Code 1932, § 5900; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1607.

8-16-108. [Repealed.]

Compiler's Notes. Former § 8-16-108 (Code 1858, § 1796 (deriv. Acts 1835-1836, ch. 11, § 3); Shan., § 3200; mod. Code 1932, § 5904; T.C.A. (orig. ed.), § 8-1608), concerning location of office, was repealed by Acts 2004, ch. 854, § 16, effective July 1, 2004.

8-16-109. Name change — Relocation of notary's residence or principal place of business to another county.

If a notary public's surname changes, or if a notary public moves such notary's residence or principal place of business out of the county from which the notary was elected and commissioned to another county in Tennessee, the notary shall notify the county clerk of the county from which the notary was elected and commissioned and shall pay to such county clerk a fee of seven dollars ($7.00). The county clerk shall thereupon notify the secretary of state of the change of address or name change and forward to the secretary of state two dollars ($2.00) of the seven-dollar fee received from the notary.

Acts 1935, ch. 193, § 1; mod. C. Supp. 1950, § 5904.1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1609; Acts 1986, ch. 614, § 2; 2004, ch. 854, § 4; 2007, ch. 205, § 1.

Compiler's Notes. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

Cross-References. Specific fees of county clerks, § 8-21-701.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Acknowledgments, § 9; 20 Tenn. Juris., Notary Public, § 1.

8-16-110. Relocation of notary's residence or principal place of business to another state — Surrender of commission.

1. If a notary public moves such notary's residence or principal place of business out of the state of Tennessee, such notary is no longer qualified to act as a Tennessee notary public and shall surrender such notary's commission.
2. It is an offense for any person who has been commissioned as a Tennessee notary public to take acknowledgements or otherwise act in an official capacity after moving out of the state of Tennessee.
3. A violation of this section is a Class C misdemeanor.

Acts 1935, ch. 193, § 2; C. Supp. 1950, § 5904.2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1610; Acts 2004, ch. 854, § 5.

Compiler's Notes. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-16-111. [Repealed.]

Compiler's Notes. Former § 8-16-111 (Acts 1935, ch. 193, § 3; C. Supp. 1950, § 5904.3; T.C.A. (orig. ed.), § 8-1611), concerning certificate of qualification in other county, was repealed by Acts 2004, ch. 854, § 6, effective July 1, 2004.

8-16-112. Scope of authority — Powers — Electronic signature.

1. A Tennessee notary public is authorized to act in any county in the state and has the power to acknowledge signatures upon personal knowledge or satisfactory proof, to administer oaths, to take depositions, to qualify parties to bills in chancery, and to take affidavits, in all cases. Furthermore, in all such cases the notary public's seal shall be affixed and the notary public shall sign such documents in ink by the notary's own hand unless otherwise provided by law.
2. The requirement of a notary public's signature in ink or by the notary's hand and a seal is satisfied if an electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.

Acts 1949, ch. 254, § 4; C. Supp. 1950, § 5914.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1613; T.C.A. § 8-16-202; Acts 2004, ch. 854, §§ 8, 18; 2018, ch. 931, § 3.

Compiler's Notes. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

Amendments. The 2018 amendment, effective July 1, 2019, added (b).

Effective Dates. Acts 2018, ch. 931, § 5. July 1, 2019; provided that for administrative and rulemaking purposes, the act took effect May 15, 2018.

Cross-References. Affirmation of statements before notary or other persons, § 2-10-104.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Acknowledgments, § 9.

8-16-113. Title of notary public for the state of Tennessee.

Any notary public fulfilling the requirements of this part shall be known as a notary public for the state of Tennessee, and the official signature of such notary public shall so indicate.

Acts 1949, ch. 254, § 6; C. Supp. 1950, § 5914.6; T.C.A. (orig. ed.), § 8-1616; Acts 1994, ch. 608, § 1; T.C.A. § 8-16-205; Acts 2004, ch. 854, §§ 9, 18.

Compiler's Notes. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

8-16-114. Seal of notary public for the state of Tennessee — Imprinting of seal — Electronic image — Fee.

1. The secretary of state shall prescribe and design an official seal to be used by a Tennessee notary public. The seal of office may be imprinted by a rubber or other type of stamp. Such stamp shall imprint the seal of office in any color other than black or yellow, provided the color used to imprint the seal shall be clearly legible and appear as black when photocopied on a non-color copier. Nothing in this subsection (a) shall be construed to require a notary public to procure such a rubber or other stamp or to use a particular color of ink with the stamp prior to the expiration of the notary's term of office, and all impression notary seals shall be valid for use until the end of the notary's term of office. Notwithstanding any other law or this subsection (a) to the contrary, the use of an embossed notary seal after May 12, 2003, shall not render such an acknowledgement defective. No person shall incur any civil or criminal liability for failure to imprint the seal of office in a color required by this subsection (a) nor shall any document or title imprinted with a seal of the wrong color be invalid because of such failure.
2. The requirement in subsection (a) of an official seal of office or stamp imprinted in color ink is satisfied by an electronically transmitted document, if the document legibly reproduces the required elements of the seal. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
3. Every notary public shall, at such notary's own expense, procure a seal of office, which the notary shall surrender to the county legislative body when the notary resigns, or at the expiration of such notary public's term of office, and which such notary's representatives, in case of such notary's death, shall likewise surrender, to be cancelled.
4. At the notary public's request, the county clerk may obtain an official seal or any part thereof for the notary public. Any county clerk providing this service may charge a fee not to exceed twenty percent (20%) of the cost of the seal or part obtained for the notary public.

Acts 1953, ch. 220, § 1 (Williams, § 5914.6); T.C.A. (orig. ed.), § 8-1617; Acts 1986, ch. 814, § 1; 1991, ch. 303, § 1; 1993, ch. 418, § 4; T.C.A. § 8-16-206; Acts 2004, ch. 854, §§ 10, 18; 2018, ch. 931, § 4.

Compiler's Notes. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

Former § 8-16-206, concerning the fee for the imprinting of a seal by a notary at large, was transferred to § 8-16-114 in 2004.

Amendments. The 2018 amendment, effective July 1, 2019, added (b) and redesignated former (b) and (c) as present (c) and (d), respectively.

Effective Dates. Acts 2018, ch. 931, § 5. July 1, 2019; provided that for administrative and rulemaking purposes, the act took effect May 15, 2018.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

8-16-115. Expiration of commission indicated on instruments.

Every certificate of acknowledgement officially executed by a Tennessee notary public shall include the true date of the notary's commission expiration. Failure to include the commission expiration date shall not render void or invalidate such certificate of acknowledgement.

Acts 1925, ch. 79, §§ 5, 6; Shan. Supp., §§ 3199a3, 3199a4; Code 1932, §§ 5902, 5903; T.C.A. (orig. ed.), § 8-1621; Acts 1989, ch. 591, § 113; T.C.A. § 8-16-303; Acts 2004, ch. 854, §§ 15, 18.

Compiler's Notes. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”.

8-16-116. Receipt of instruments in evidence.

The attestations, protestations, and other instruments of publication or acknowledgment, made by any notary public under seal, shall be received in evidence.

Code 1858, § 1799 (deriv. Acts 1835-1836, ch. 11, § 5); Shan., § 3203; mod. Code 1932, § 5906; T.C.A. (orig. ed.), § 8-1622; T.C.A. § 8-16-304; Acts 2004, ch. 854, § 18.

8-16-117. Notice of deposition of notary public.

The deposition of a notary public may be taken, whether a suit be pending or not, on ten (10) days' notice to the opposite party, if resident in the state, and forty (40) days' notice out of the state, to be read as evidence between the same parties in any suit then or afterward depending, should the notary die or leave the state before the trial.

Code 1858, § 1802 (deriv. Acts 1835-1836, ch. 11, § 7); Shan., § 3210; Code 1932, § 5912; T.C.A. (orig. ed.), § 8-1623; T.C.A. § 8-16-305; Acts 2004, ch. 854, § 18.

8-16-118. [Repealed.]

Code 1858, § 1803 (deriv. Acts 1817, ch. 77, § 3; 1843-1844, ch. 9, §§ 1, 2); Shan., § 3211; Code 1932, § 5913; T.C.A. (orig. ed.), § 8-1624; T.C.A. § 8-16-306; Acts 2004, ch. 854, § 18; repealed by Acts 2014, ch. 805, § 2, effective October 1, 2014.

Compiler's Notes. Former § 8-16-118 concerned a recording fee.

8-16-119. [Repealed.]

Acts 1895, ch. 203, § 2; Shan., § 3212; Code 1932, § 5914; T.C.A. (orig. ed.), § 8-1625; T.C.A. § 8-16-307; Acts 2004, ch. 854, § 18; repealed by Acts 2014, ch. 805, § 3, effective October 1, 2014.

Compiler's Notes. Former § 8-16-119 concerned a protest fee.

8-16-120. Acting after expiration of commission.

It is unlawful for any person who has been commissioned as a notary public, either as a result of election or upon direct appointment by the governor, to take acknowledgments or otherwise act in an official capacity after the expiration of such notary's commission. A violation of this section is a Class C misdemeanor.

Acts 1925, ch. 79, § 4; Shan. Supp., § 3199a2; Code 1932, § 5091; T.C.A. (orig. ed.), § 8-1626; Acts 1989, ch. 591, § 113; T.C.A. § 8-16-308; Acts 2004, ch. 854, § 18.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-16-121. Depositions taken by notaries public of other states.

A notary public, duly and lawfully commissioned by the proper authorities of another state and empowered by the law of such state to take depositions, is authorized to take depositions to be used in the courts of this state, upon the same terms that are provided for the taking of depositions by other officials in such states. But the certificate of such notary shall show the date of the commencement and expiration of the commission under which the notary may be acting.

Acts 1885, ch. 11, §§ 1, 2; Shan., § 3197; Code 1932, § 5897; T.C.A. (orig. ed.), § 8-1627; T.C.A. § 8-16-309; Acts 2004, ch. 854, § 18.

Law Reviews.

Tactical Advantages from the Uses of Discovery (William Wicker), 27 Tenn. L. Rev. 323 (1960).

Part 2
Consumer Protection

Code Commission Notes.

This part, title 8, chapter 16, part 2 was renumbered from title 8, chapter 16, part 4 by authority of the Code Commission in 2016.

NOTES TO DECISIONS

1. Construction.

2. —“Office.”

The word “office” implied the right to exercise the functions of a public trust or employment and to receive the fees and emoluments belonging to it and to hold the place for the term prescribed by law. Day v. Sharp, 128 Tenn. 340, 161 S.W. 994, 1913 Tenn. LEXIS 53 (1913).

3. Time to Test Eligibility.

The point of time to test the eligibility of a candidate was the day of the election. The constitution (Tenn. Const., art. II, § 25) was differently worded, and could admit of less rigid legislation. Lewis v. Watkins, 71 Tenn. 174, 1879 Tenn. LEXIS 54 (1879).

4. Election of Ineligible Candidates.

5. —Election a Nullity.

The fact that a plurality or a majority of the votes were cast for an ineligible candidate at a popular election did not entitle the candidate receiving the next highest number of votes to be declared elected. In such a case the electors had failed to make a choice, and the election was a nullity. Blackwood v. Hollingsworth, 195 Tenn. 427, 260 S.W.2d 164, 1953 Tenn. LEXIS 360 (1953).

6. —Restoration of Eligibility.

Where a candidate was elected to the office of county trustee, but was refused induction into the office because of ineligibility on account of being a defaulter on the day of the election, the candidate could not, by thereafter settling the default, become eligible for any part of the term by a subsequent election by the county legislative body to fill the vacancy created by the candidate's noninduction into the office. Day v. Sharp, 128 Tenn. 340, 161 S.W. 994, 1913 Tenn. LEXIS 53 (1913).

7. —Status of Incumbent.

The clerk of the county board of road commissioners entitled to hold over under the constitution, after the void election of the clerk's intended successor, was a de jure officer entitled to serve in the office and to take all of its emoluments. Hogan v. Hamilton County, 132 Tenn. 554, 179 S.W. 128, 1915 Tenn. LEXIS 44 (1915).

8. —Suit for Salary.

The chancery court had no jurisdiction of a suit brought to contest the election of the one receiving the highest number of votes, on the ground of ineligibility, or to declare the election void, yet it had jurisdiction of suit for salary against the county by one holding over as de jure officer, where the one nominally elected was a defaulter. Hogan v. Hamilton County, 132 Tenn. 554, 179 S.W. 128, 1915 Tenn. LEXIS 44 (1915).

In a suit against the county for salary due the clerk of the board of road commissioners, the plaintiff could show that the person who was nominally elected as successor, and who gave bond and took the oath of office, was a defaulter in the payment of state revenue, and hence not a de jure officer, but only a de facto officer. Hogan v. Hamilton County, 132 Tenn. 554, 179 S.W. 128, 1915 Tenn. LEXIS 44 (1915).

9. Disqualification Under Constitution.

Under the provisions of this section and art. II, § 25 of the constitution, the election of one to the office of the clerk of the county board of public road commissioners while in default in the payment of state revenue was absolutely void. Hogan v. Hamilton County, 132 Tenn. 554, 179 S.W. 128, 1915 Tenn. LEXIS 44 (1915).

Provision of Tenn. Const., art. X, § 3, disqualifying candidates who gave or promised meat, drink or money to obtain votes, required no legislation to make it effective. It was violated by promise of candidate for judge to pay son's debt to corporation to secure votes. Morrison v. Buttram, 154 Tenn. 679, 290 S.W. 399, 1926 Tenn. LEXIS 167 (1926).

Where the question of ineligibility had been raised and was shown to exist, Tennessee cases hold that the constitutional provision was operative to exclude defaulters from office. Morrison v. Buttram, 154 Tenn. 679, 290 S.W. 399, 1926 Tenn. LEXIS 167 (1926).

10. Defaulter.

A defaulter was one who misappropriated or failed to account for money entrusted to the defaulter's care. Zirkle v. Stegall, 163 Tenn. 323, 43 S.W.2d 192, 1931 Tenn. LEXIS 120 (1931).

Allegations that defendants violated the Budget Law and overdrew the school budget, which resulted in suit brought against the county and allegations in relation to teachers' retirement collections, were insufficient to bring them within the provisions relating to defaulters, the officers not being collectors or anything else of public moneys. State ex rel. Chitwood v. Murley, 202 Tenn. 637, 308 S.W.2d 405, 1957 Tenn. LEXIS 449 (1957).

11. —Failure to Collect Money.

A collector or holder of public money who ignorantly or carelessly, generally speaking, failed to collect money which should go to the public treasury, while accountable and liable civilly, was not rendered ineligible to office when guilty of no defalcation, embezzlement or like offense. Zirkle v. Stegall, 163 Tenn. 323, 43 S.W.2d 192, 1931 Tenn. LEXIS 120 (1931).

12. —Election.

The election of a defaulter and subsequent induction into office were both null and void, and the defaulter could be removed from office, and the office declared vacant, and another could be elected as successor. Newman v. Justices of Jefferson, 25 Tenn. 41, 1845 Tenn. LEXIS 12 (1845); Jones v. Scanland, 25 Tenn. 195, 1845 Tenn. LEXIS 59 (1845).

13. —Proceedings Against Induction.

Petition protesting against induction into office of person elected, on ground that the person had formerly held such office and was a defaulter, was a judicial proceeding which was privileged. Roberts v. Parker, 156 Tenn. 82, 299 S.W. 779, 1927 Tenn. LEXIS 86 (1927).

14. —Mandamus.

Where the person elected to office was refused induction on the ground that the person was a defaulter, and the person sought by mandamus to compel induction and in answer to the writ of mandamus the inducting officer stated that the officer refused the induction because the elect was a defaulter, this was the issue to be tried. The question of default must be tried de novo when the elect was present for induction and was refused. A former judgment was not necessary and was only prima facie evidence of the default. Pucket v. Bean, 58 Tenn. 600, 1872 Tenn. LEXIS 307 (1872); Lewis v. Watkins, 71 Tenn. 174, 1879 Tenn. LEXIS 54 (1879); Maloney v. Collier, 112 Tenn. 78, 83 S.W. 667, 1903 Tenn. LEXIS 91 (1904); Adcock v. Houk, 122 Tenn. 269, 122 S.W. 979, 1909 Tenn. LEXIS 22 (1909).

15. Acceptance of Another Office.

On the acceptance and qualification of a person to a second office, incompatible with the one then held, the first office was ipso facto vacated. Such action operated as an implied resignation without judicial proceedings of any kind. Therefore, where a member of congress was appointed to, and accepted, the office of supreme judge of Tennessee, the member vacated the seat in congress; and the fact that the member continued to serve out the term as a member of congress did not affect qualification for supreme judge of this state, because that was a question entirely for the adjudication of congress. Calloway v. Sturm, 48 Tenn. 764, 1870 Tenn. LEXIS 144 (1870); State ex rel. Bergshicher v. Grace, 113 Tenn. 9, 82 S.W. 485, 1904 Tenn. LEXIS 2 (1904); State ex rel. Little v. Slagle, 115 Tenn. 336, 89 S.W. 326, 1905 Tenn. LEXIS 67 (1905).

16. De Facto Officer.

The official acts of a public officer, exercising office de facto though not de jure, were valid as to third persons and the public, and could not be controverted in a collateral issue; but an officer de facto could not justify under office when put upon the officer's own defense. Jones v. Scanland, 25 Tenn. 195, 1845 Tenn. LEXIS 59 (1845); Farmers & Merchants' Bank v. Chester, 25 Tenn. 458, 1846 Tenn. LEXIS 23 (1846); Bates v. Dyer, 28 Tenn. 162, 1848 Tenn. LEXIS 62 (1848); Pearce v. Hawkins, 32 Tenn. 87, 1852 Tenn. LEXIS 22 (1852); Maley v. Tipton, 39 Tenn. 403, 1859 Tenn. LEXIS 237 (1859); C.D. Venable & Co. v. Curd, 39 Tenn. 582, 1859 Tenn. LEXIS 282 (Tenn. Apr. 1859); Blackburn v. State, 40 Tenn. 690, 1859 Tenn. LEXIS 202 (1859); Ward v. State, 42 Tenn. 605, 1866 Tenn. LEXIS 1 (1866); Galbraith v. McFarland, 43 Tenn. 267, 1866 Tenn. LEXIS 50 (1866); Calloway v. Sturm, 48 Tenn. 764, 1870 Tenn. LEXIS 144 (1870); Kelley v. Story, 53 Tenn. 202, 1871 Tenn. LEXIS 345 (Tenn. Oct. 4, 1871); McLean v. State, 55 Tenn. 22, 1873 Tenn. LEXIS 3 (1873); Memphis v. Woodward, 59 Tenn. 499, 1873 Tenn. LEXIS 99, 27 Am. Rep. 750 (1873); Turney v. Dibrell, 62 Tenn. 235, 1873 Tenn. LEXIS 183 (1873); Nashville v. Thomspon, 80 Tenn. 344 (1883); Norton v. Shelby County, 118 U.S. 425, 6 S. Ct. 1121, 30 L. Ed. 178, 1886 U.S. LEXIS 1944 (1886); Heard v. Elliott, 116 Tenn. 150, 92 S.W. 764, 1905 Tenn. LEXIS 14 (1905).

A person elected to and inducted into office did not become an officer de jure, yet was an officer de facto, and, until removal from office, the person's sureties were liable on their obligation for the faithful performance of the duties of the office. Jones v. Scanland, 25 Tenn. 195, 1845 Tenn. LEXIS 59 (1845); McLean v. State, 55 Tenn. 22, 1873 Tenn. LEXIS 3 (1873); Waters v. Edmondson, 55 Tenn. 384, 1874 Tenn. LEXIS 5 (1874); Hogan v. Hamilton County, 132 Tenn. 554, 179 S.W. 128, 1915 Tenn. LEXIS 44 (1915).

17. Matters Not Amounting to Disqualification.

Allegations of promises of candidate for sheriff of protection to liquor dealers did not amount to allegation of disqualification for office under this section. Mathis v. Young, 200 Tenn. 168, 291 S.W.2d 592, 1956 Tenn. LEXIS 392 (1956).

18. Holding Over.

Constitutional and statutory provisions that every officer shall hold office until a successor is elected or appointed and qualified did not have effect of continuing members in office for the purpose of determining a quorum of county legislative body where certain of the members had removed from the district where elected, others had been disqualified by holding other offices and one had resigned. Bailey v. Greer, 63 Tenn. App. 13, 468 S.W.2d 327, 1971 Tenn. App. LEXIS 210 (Tenn. Ct. App. 1971).

Collateral References.

Aliens, constitutionality of provision prohibiting or restricting employment. 38 A.L.R.3d 1213.

Bias or interest of administrative officer sitting in zoning proceeding as necessitating disqualification of officer or affecting validity of zoning decision. 4 A.L.R.6th 263.

Conviction in federal court or court of another state as disqualification. 39 A.L.R.3d 303.

Conviction, reversal as affecting qualification. 106 A.L.R. 644.

Conviction under federal law or law of another state or county, effect on right to vote or hold public office. 39 A.L.R.3d 303.

Conviction, what constitutes so as to disqualify. 10 A.L.R.5th 139.

Eligibility of public officer to appointment as member of body to lay assessments for public improvement. 71 A.L.R. 1382.

Estoppel as applicable to right to hold public office. 125 A.L.R. 294.

Executive clemency to remove disqualification resulting from conviction in federal court or court of another state. 135 A.L.R. 1493.

Furnishing public official with meals, lodging, or travel, or receipt of such benefits, as bribery. 67 A.L.R.3d 1231.

Holding another office previously or previous term, constitutionality and construction of provision disqualifying for. 59 A.L.R.2d 716.

Holding more than one office. 89 A.L.R. 1113, 100 A.L.R. 1162, 105 A.L.R. 1237.

Incompatible offices. 89 A.L.R.2d 632.

Infamous crime or one involving moral turpitude constituting disqualification to hold public office. 52 A.L.R.2d 1314.

Mandatory retirement of public officer or employee based on age. 81 A.L.R.3d 811.

Married women. 123 A.L.R. 224.

Nonregistration. 128 A.L.R. 1117.

Pardon as restoring public office or license or eligibility therefor. 58 A.L.R.3d 1191.

Political parties, constitutionality of a provision requiring appointment from. 170 A.L.R. 198.

Removal of public officer for misconduct during previous term. 42 A.L.R.3d 691.

Residence, validity of requirement that candidate or public officer have been resident of governmental unit for specific period. 65 A.L.R.3d 1048.

Solicitation or receipt of funds by public officer or employee for political expenses or similar purposes as bribery. 55 A.L.R.2d 1137.

Time as of which eligibility is determined. 143 A.L.R. 1026.

Validity and construction of enactments requiring public officers or candidates for office to disclose financial condition and relationships. 22 A.L.R.4th 237.

Validity of age requirement for state public office. 90 A.L.R.3d 900.

Validity of statutes restricting political activities of public officers or employees. 51 A.L.R.4th 702.

NOTES TO DECISIONS

1. Beginning of Term.

The term of the county clerk, as well as of the register, began on the first Monday of September after election, as did those of all other civil officers elected by the people. Johnson v. Brice, 112 Tenn. 59, 83 S.W. 791, 1903 Tenn. LEXIS 90 (1904).

2. Resignation of Officer.

The provision that every officer shall hold office until a successor is elected or appointed and qualified was a wise provision and one within the power of the state to make; and courts are required to construe it liberally in favor of the remedy, and to prevent an officer from resigning and leaving the office without an incumbent. United States ex rel. Watts v. Lauderdale County Justices, 10 F. 460, 1882 U.S. App. LEXIS 2302 (C.C.D. Tenn. 1882).

Provision of this section that every officer should hold office until a successor is elected or appointed and qualified does not apply where an officer resigns, since it is not the intention of the legislature to compel an officer to hold office, but only to extend the office until a successor can be elected under the new constitution. State ex rel. Bergshicher v. Grace, 113 Tenn. 9, 82 S.W. 485, 1904 Tenn. LEXIS 2 (1904).

Collateral References.

Appointment for term commencing at or after expiration of term of appointing officer or body. 75 A.L.R.2d 1277.

Extension of term by legislature. 97 A.L.R. 975.

Holding over without authority after expiration of term as de facto officer. 71 A.L.R. 848.

“Until” as word of inclusion or exclusion where term of office runs until a specified day. 16 A.L.R. 1100.

NOTES TO DECISIONS

1. Sworn Officers — Presumed Validity of Acts.

It was presumed that every sworn officer did the officer's duty, and, in the absence of proof to the contrary, this presumption will prevail. Lummus Cotton Gin Co. v. Arnold, 151 Tenn. 540, 269 S.W. 706, 1924 Tenn. LEXIS 85 (1925).

In absence of proof to the contrary, it was presumed that the official act of an officer in another state had been performed as required by law of that state. Lummus Cotton Gin Co. v. Arnold, 151 Tenn. 540, 269 S.W. 706, 1924 Tenn. LEXIS 85 (1925).

A notary public was a public officer, and when the notary certified that the notary had done a public act, it was presumed that the notary had done it correctly, unless some statute or rule required a particular mode, until the contrary appeared, and the burden of proof was on the one who denied its correctness. Lummus Cotton Gin Co. v. Arnold, 151 Tenn. 540, 269 S.W. 706, 1924 Tenn. LEXIS 85 (1925).

NOTES TO DECISIONS

1. General and Special Deputies Distinguished.

A general deputy, as distinguished from a special deputy sheriff assigned to a special case or transaction, was an officer within the sense of the law. State ex rel. Little v. Slagle, 115 Tenn. 336, 89 S.W. 326, 1905 Tenn. LEXIS 67 (1905).

2. Failure to Take Oath.

The appointment to office was a distinct and separate thing from the qualification, and while both were necessary to constitute an officer de jure, still one legally appointed to office, without qualifying by taking the oath or otherwise, was an officer and the officer's official acts were valid as to the public and all third persons. Farmers & Merchants' Bank v. Chester, 25 Tenn. 458, 1846 Tenn. LEXIS 23 (1846).

3. Presumptions from Record.

In a criminal case where the record affirmatively showed that the officer placed in charge of the jury was not sworn, or if sworn, that the officer was not properly sworn, the error would be fatal; but where the record was altogether silent on the subject, then the presumption was that the officer was properly sworn. Clark v. State, 67 Tenn. 591, 1876 Tenn. LEXIS 13 (1876).

NOTES TO DECISIONS

1. Oath Required.

Though there was no statute specifically requiring it, an official must take the oath prescribed by the constitution (Tenn. Const., art. X, § 1) and the general statute. Leonard v. Haynes, 82 Tenn. 447, 1884 Tenn. LEXIS 146 (1884).

8-19-101. Execution of bonds — Form — Blanket bonds.

1. The official bonds of all state and county officers, now required by law to furnish official bonds, shall be executed by such officials as principal and may be executed by some surety company authorized to do business in the state of Tennessee, as surety.
2. 1. The form of all official bonds of all state officials and employees and all county officials and employees shall be prescribed by the comptroller of the treasury, with the approval of the attorney general and reporter. Such prescribed forms shall be filed in the office of the secretary of state. All official bonds of all such officers and employees executed hereafter shall be in the prescribed form if one has been provided. To the extent any such official bond is not in the prescribed form, the same shall stand reformed by implication of law so as to comply with the prescribed form.
   2. Should the prescribed form be amended, the amendment shall affect only bonds and undertakings executed subsequently thereto. Bonds shall continue to be executed in their present form until a form is prescribed therefor under this law. Forms shall be prepared so as to comply with the requirements of statutes of Tennessee relating to such bonds. Where the conditions of bonds are prescribed by statute, the statute shall prevail.
3. Nothing in this chapter or elsewhere in this code shall be construed as prohibiting the use by any county, municipality, or metropolitan government, of a blanket bond for coverage of two (2) or more of its officials. A separate rider or attachment to the blanket bond shall be prepared for each principal, and wherever in this chapter the term “bond” is used, it likewise includes a blanket bond and each rider or attachment thereto. Each rider or attachment to a blanket bond shall be signed by the named principal, shall be acknowledged by the bond sureties, shall expressly incorporate the conditions stated in § 8-19-111, shall refer specifically to the blanket bond of which it is a part, and shall be filed, approved, and otherwise processed in the manner required for bonds under this chapter.
4. The governing body of any county by a two-thirds (2/3) vote shall elect whether or not the county officials of the county shall make a surety bond or a bond with two (2) or more good sureties, approved by the legislative body, prior to the time such official is inducted and sworn into office.
5. County governments shall either:
   1. Obtain and maintain blanket surety bond coverage for all county employees not covered by individual bonds referenced elsewhere in statute. The minimum amount of such blanket bonds shall be one hundred fifty thousand dollars ($150,000); or
   2. 1. Obtain and pay the premiums or other costs with respect to a policy of insurance issued by an insurance company duly authorized to do business in this state or an agreement with a pool established pursuant to § 29-20-401 or any entity established pursuant to § 29-20-401(b)(2) for administration of such agreement, that provides government crime coverage, employee dishonesty insurance coverage, or equivalent coverage that insures the lawful performance by officials and their employees of their fiduciary duties and responsibilities. Any such policy or agreement maintained shall have limits of not less than four hundred thousand dollars ($400,000) per occurrence;
      2. 1. A policy or agreement satisfying the requirements set forth in subdivision (e)(2)(A) shall be deemed to be a blanket official bond for each official or office identified in the policy or agreement for all purposes under this chapter. The officials who may be covered under the policy or agreement include the following:
            1. County mayors, pursuant to § 5-6-109;
            2. County directors of accounts and budgets, pursuant to § 5-13-103;
            3. County purchasing agents, pursuant to § 5-14-103(c);
            4. County finance directors, pursuant to § 5-21-109;
            5. Board members, executive committee members, employees, officers, and other authorized persons of an emergency communications district who handle public funds, pursuant to § 7-86-119;
            6. Sheriffs, pursuant to § 8-8-103;
            7. Special deputies appointed by a sheriff, pursuant to § 8-8-303;
            8. Coroners, pursuant to § 8-9-103;
            9. County trustees, pursuant to §§ 8-11-102 and 8-11-103;
            10. County surveyors, pursuant to § 8-12-102;
            11. County registers, pursuant to §§ 8-13-101 — 8-13-103;
            12. County officials with the authority to administer state-shared funds, pursuant to § 9-3-301(c);
            13. Board members, executive committee members, employees, officers, and other authorized persons of a development district who handle public funds, pursuant to § 13-14-114;
            14. Board members, policy council members, employees, officers, and other authorized persons of a human resource agency who handle public funds, pursuant to § 13-26-110;
            15. Clerks of court and county clerks, pursuant to §§ 18-2-201 - 18-2-213;
            16. County directors of schools, pursuant to § 49-2-102;
            17. Treasurers or fiscal agents of local education agencies, pursuant to § 49-3-315(b)(3);
            18. Persons who administer county highway and bridge funds, pursuant to § 54-4-103(c);
            19. Chief administrative officers of county highway departments, pursuant to § 54-7-108;
            20. County road commissioners, pursuant to § 54-9-119;
            21. County road engineers, pursuant to § 54-9-132; and
            22. County assessors of property, pursuant to § 67-1-505;
         2. In the event that the policy of insurance maintained by the county ceases to provide coverage to the officeholder for any reason, the officeholder has thirty (30) days from the date of termination of coverage to file a bond or other proof of insurance coverage;
         3. A certificate of insurance or a policy or endorsement shall satisfy the requirement for the filing of the official bond by the named officials.
      3. If a governmental entity obtains and pays premiums on an insurance policy or agreement pursuant to this subdivision (e)(2), then the monetary limits pursuant to the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20 shall not increase.

Acts 1941, ch. 138, § 1; C. Supp. 1950, § 1839.1; Acts 1957, ch. 289, § 1; 1976, ch. 616, § 1; 1978, ch. 620, § 1; 1978, ch. 689, §§ 6, 12; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1901; Acts 2013, ch. 315, § 30; 2016, ch. 749, § 1; 2019, ch. 260, § 1.

Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which amended subsection (e), shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

Amendments. The 2016 amendment, at the beginning of (e), substituted “County governments shall either:” for “County governments are required to obtain:”; added the designation (e)(1); substituted “; or” for “;” at the end of (e)(1); and added (e)(2).

The 2019 amendment rewrote (e)(2)(B) which read: “(B)(i)  A policy or agreement satisfying the requirements set forth in subdivision (e)(2)(A) shall be deemed to be a blanket official bond for each official or office identified in the policy or agreement for all purposes, including § 4-4-108 and this chapter;“(ii)  A certificate of insurance evidencing the officials and offices covered, the amount of coverage maintained, and the type of coverage provided shall be filed in the register's office for the county in which the official is located;“(iii)  A certificate of insurance shall satisfy the requirement for the filing of the official bond by the named officials;”.

Effective Dates. Acts 2016, ch. 759, § 2. April 12, 2016.

Acts 2019, ch. 260, § 3. April 30, 2019.

Cross-References. Auditors, county, § 8-15-102.

Bond of superintendent of workhouse, § 41-2-107.

Constable, § 8-10-106.

Coroner, § 8-9-103.

County public officials, form of bond, § 8-19-111.

Development districts, bonds of persons receiving public funds, § 13-14-114.

Grand jury inquiry as to sufficiency of bonds, § 18-2-212.

Human resource agencies, bonds of persons receiving public funds, § 13-26-110.

New or additional bond or sureties may be required of state or county officers, § 8-19-402.

Notaries public, § 8-16-104.

Payable to state, § 8-19-111.

Registers, county, § 8-13-102.

Sheriff, § 8-8-103.

Surety bond, authorized persons, emergency communications districts, § 7-86-119.

Surveyors, county, § 8-12-102.

Trustees, county, §§ 8-11-102, 8-11-103.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 14; 8 Tenn. Juris., Counties, § 14; 21 Tenn. Juris., Public Officers, § 7; 22 Tenn. Juris., Sheriffs, § 20.

Attorney General Opinions. Public Chapter 749, by its plain language, has modified T.C.A. § 8-19-101(a)-(d) to allow a county government to purchase an insurance policy in lieu of individual official bonds for those officers who have specific statutes requiring a bond to be posted.  It provides a new alternative for a county government to meet its bonding requirements. OAG 16-31, 2016 Tenn. AG LEXIS 31 (8/22/2016).

8-19-102. Place of filing bonds — Copies of bonds as evidence.

1. The official bonds of county officials required by law to execute such bonds shall be transmitted to the office of county clerk for safekeeping immediately upon their execution, approval and recordation in the office of the county register of deeds.
2. Where suit is necessary to enforce the obligation of any such bond or undertaking, the county clerk shall make such bond available to the proper authorities. A copy of the official bond duly certified by the county clerk is admissible as evidence in any suit on the bond to prove the execution of the bond and any condition thereof.
3. The official bonds of state officials and state employees shall be lodged for safekeeping at an office designated by the governor.

Acts 1957, ch. 289, §§ 2, 3; T.C.A., § 8-1902; Acts 1998, ch. 677, § 1; 2013, ch. 315, §§ 1, 2.

Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which amended this section, shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

8-19-103. Recording of bonds of county officers.

The official bonds of all county officers covered by § 8-19-101 shall be recorded in the office of the register of deeds in the county in which the officers are elected or appointed.

Acts 1941, ch. 138, § 3; C. Supp. 1950, § 1839.3; T.C.A. (orig. ed.), § 8-1903.

8-19-104. Special book for recording bonds.

The registers of deeds of the various counties whose duty it is to record such bonds, under the provisions hereof, shall maintain a special record book and shall record therein each official bond presented for registration.

Acts 1941, ch. 138, § 4; C. Supp. 1950, § 1839.4; T.C.A. (orig. ed.), § 8-1904.

8-19-105. Loss of original of recorded bond.

When the original of any bond provided for or covered by §§ 8-19-101 — 8-19-107 shall be lost or destroyed, the record of the bond provided for shall be deemed the original and suit may be instituted on the recorded bond.

Acts 1941, ch. 138, § 5; C. Supp. 1950, § 1839.5; T.C.A. (orig. ed.), § 8-1905.

8-19-106. Premiums and registration fees.

The respective counties shall pay the premiums for such bonds and the registration fees.

Acts 1941, ch. 138, § 6; C. Supp. 1950, § 1839.6; T.C.A. (orig. ed.), § 8-1906.

Collateral References.

Premium of bond, right or duty of governmental unit to pay. 56 A.L.R.2d 450.

8-19-107. Provisions supplemental.

Sections 8-19-101 — 8-19-106 are cumulative and supplemental to all existing laws.

Acts 1941, ch. 138, § 7; C. Supp. 1950, § 1839.7; T.C.A. (orig. ed.), § 8-1907.

8-19-108. County official prohibited as sureties for other county officials.

No county official shall sign as surety an official bond for any other county official; provided, that when any person has signed as surety any bond of any county official, and is thereafter elected to or appointed to fill any public office, such official shall not be deemed to have violated this section and such bond signed by such official prior to such election or appointment shall continue to be good and valid for the duration of the term of office for which the principal of such bond was elected.

Acts 1945, ch. 154, § 1; C. Supp. 1950, § 1839.8 (Williams, § 1839.9); T.C.A. (orig. ed.), § 8-1908.

8-19-109. Approval of county official as surety prohibited.

It is unlawful for any person, whose duty it now is or may hereafter be to approve any official bond, to approve the bond of any county official that has been signed as surety by any other county official.

Acts 1945, ch. 154, § 2; C. Supp. 1950, § 1839.9 (Williams, § 1839.10); T.C.A. (orig. ed.), § 8-1909.

8-19-110. Penalty for violation.

A violation of §§ 8-19-108 and 8-19-109 is a Class C misdemeanor.

Acts 1945, ch. 154, § 3; C. Supp. 1950, § 1839.10 (Williams, § 1839.11); T.C.A. (orig. ed.), § 8-1910; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-19-111. Terms of bond.

1. The bonds of all public officers required by law to give bond shall, unless it is otherwise provided, be made payable to the state, with such sureties as the officer or court required to approve the same is satisfied are sufficient, and conditioned, in all cases in which a different condition is not prescribed, that the officer shall faithfully discharge the duties, or any part thereof, of such office during the time such officer continues therein.
2. In every case, provisions of this code to the contrary notwithstanding, the official bond of every county public official shall be conditioned as follows and not otherwise:

   “That if the

   Principal  shall:

   1.  Faithfully perform the duties of the office of

   Office  of

   County during such person's term of office or continuance therein; and

   2.  Pay over to the persons authorized by law to receive them, all moneys, properties, or things of value that may come into such principal's hands during such principal's term of office or continuance therein without fraud or delay, and shall faithfully and safely keep all records required in such principal's official capacity, and at the expiration of the term, or in case of resignation or removal from office, shall turn over to the successor all records and property which have come into such principal's hands, then this obligation shall be null and void; otherwise to remain in full force and effect.”

3. “Duties,” as used in this section, includes any further and additional duties which may by law be made incumbent upon the particular office involved.

Code 1858, § 761 (deriv. Acts 1847-1848, ch. 167); Shan., § 1082; Code 1932, § 1823; Acts 1959, ch. 189, §§ 1, 2; T.C.A. (orig. ed.), § 8-1911.

Law Reviews.

Local Government Law — 1959 Tennessee Survey, 12 Vand. L. Rev. 1257 (1959).

8-19-112. Irregular bonds not to be approved.

The bond of any public officer which is not in the penalty, payable or conditioned as prescribed by law, shall not be approved, and the officer approving thereof, under such circumstances, not only neglects such officer's duty, but subjects the officer and the officer's sureties to an action by any person injured, and a recovery to the extent of such injury.

Code 1858, § 763; Shan., § 1084; Code 1932, § 1825; T.C.A. (orig. ed.), § 8-1912.

Collateral References.

Approval of bond, right of sureties to take advantage of noncompliance with statutory requirement as to. 77 A.L.R. 1479.

Approval of or refusal to approve bond, judicial review. 134 A.L.R. 1359.

8-19-113. Form of approval.

The approval of all official bonds shall be in writing, endorsed on the bond, and shall show the day and year on which they were approved, and be signed by the approving officer, or authenticated as the act of the court, as the case may be.

Code 1858, § 762; Shan., § 1083; Code 1932, § 1824; T.C.A. (orig. ed.), § 8-1913.

8-19-114. Unapproved bond not to be filed.

No officer with whom any official bond is required to be filed shall allow the same to be filed in such officer's office unless the approval of the proper officer or court appear thereon, endorsed according to §§ 8-19-111 — 8-19-115.

Code 1858, § 767; Shan., § 1088; Code 1932, § 1829; T.C.A. (orig. ed.), § 8-1914.

8-19-115. Time of filing.

Official bonds, including blanket bonds, and each rider or attachment thereto, required by law to be filed in the office of the county clerk or secretary of state, shall be filed therein within forty (40) days after the election or appointment of the principal named on the bond, rider, or attachment, or within twenty (20) days after the term of the office legally begins. In all other cases, such bonds shall be filed in the proper office within thirty (30) days after such election or appointment, or within ten (10) days after the term of office legally begins.

Code 1858, §§ 764, 765; Shan., §§ 1085, 1086; Code 1932, §§ 1826, 1827; Acts 1978, ch. 620, § 2; T.C.A. (orig. ed.), § 8-1915; Acts 2013, ch. 315, § 3.

Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which amended this section, shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

Collateral References.

Time of giving bond, provisions mandatory or directory. 158 A.L.R. 639.

8-19-116. Endorsement of time of filing.

Every officer in whose office the official bond of any public officer is filed shall endorse thereon the day and year on which it was filed, and sign such officer's name to the endorsement, and, on failure so to do, commits a Class C misdemeanor.

Code 1858, § 770; Shan., § 1091; Code 1932, § 1832; T.C.A. (orig. ed.), § 8-1916; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-19-117. Failure to file in time.

Any officer, required by law to give bond, who fails to file the same in the proper office within the time prescribed vacates the office. In such cases, it is the duty of the officer in whose office such bond is required to be filed, at once, to certify such failure to the appointing power, and the vacancy shall be filled as in other cases.

Code 1858, § 766; Shan., § 1087; Code 1932, § 1828; T.C.A. (orig. ed.), § 8-1917.

8-19-118. Notice of failure to file.

Notice of the failure to file bond, as required, shall be given by the officer in whose office the bond is required to be filed, as soon as the time for filing such bond expires, to the court or officer by whom the bond should be taken or approved, and also to the district attorney general of the district in which the delinquent officer resides. Any officer failing to give such notice commits a Class C misdemeanor.

Code 1858, § 769; Shan., § 1090; Code 1932, § 1831; T.C.A. (orig. ed.), § 8-1918; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-19-119. Acting before approval of bond.

Any public officer required by law to give bond who performs any official act before such bond is approved as required commits a Class C misdemeanor.

Code 1858, § 768; Shan., § 1089; Code 1932, § 1830; T.C.A. (orig. ed.), § 8-1919; Acts 1989, ch. 591, § 113; 2012, ch. 974, § 5.

Compiler's Notes. Acts 2012, ch. 974, § 6, which amended the section, provided that the act shall apply to the renewal or obtaining of an official bond for any bonding after May 10, 2012.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

8-19-120. Cash deposit in lieu of bond.

Notwithstanding any law to the contrary, any person who is required to deposit a bond for any reason by this state or any political subdivision of this state may deposit an amount of cash or a certified or cashier's check equal to the amount of the required bond in lieu of such bond. Nothing in this section shall affect the existing law applying to criminal appearance bonds in criminal cases.

Acts 1977, ch. 292, § 1; T.C.A., § 8-1958.

Law Reviews.

A Survey of Civil Procedure in Tennessee — 1977, IX. Miscellaneous (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 405 (1979).

8-19-121. Bond of constable.

Notwithstanding any law to the contrary, an official bond as required by law for a constable shall be a surety bond.

Acts 1982, ch. 592, § 5.

8-19-122. When furnishing new bond required.

No bond required by this chapter shall be renewed upon its expiration or in the event of the reappointment or re-election of any officer or employee to a position for which a bond is required, but a new bond shall be furnished.

Acts 2013, ch. 315, § 29.

Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which enacted this section, shall apply to the renewal or obtaining of an official bond for any bonding after April 29, 2013.

Part 2
Examination, Approval, and Transmittal of Bonds