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SENATE BILL 1441
By Powers
HOUSE BILL 1419
By Burkhart
HB1419
004156
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AN ACT to amend Chapter 232 of the Private Acts of 1953; as
amended by Chapter 233 of the Private Acts of 1953;
Chapter 164 of the Private Acts of 1955; Chapter 157 of
the Private Acts of 1957; Chapter 276 of the Private Acts
of 1961; Chapter 281 of the Private Acts of 1963;
Chapter 12 of the Private Acts of 1967; Chapter 62 of the
Private Acts of 1979 and Chapter 66 of the Private Acts
of 1995; and any other acts amendatory thereto, relative
to the general sessions court of Montgomery County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Chapter 232 of the Private Acts of 1953, as amended by Chapter 164 of
the Private Acts of 1955, Chapter 157 of the Private Acts of 1957, Chapter 276 of the Private
Acts of 1961, Chapter 281 of the Private Acts of 1963, Chapter 12 of the Private Acts of 1967,
Chapter 62 of the Private Acts of 1979, Chapter 66 of the Private Acts of 1995, and all other
acts amendatory thereto, is amended to create a fifth division of the General Sessions and
Juvenile Courts of Montgomery County, Tennessee. The said fifth division shall have the same
terms of court and the same jurisdiction and powers as are now exercised by the General
Sessions and Juvenile Courts of Montgomery County, Tennessee.
SECTION 2. Be it further enacted that the office of the fifth General Sessions and
Juvenile Courts Judge is hereby created, which shall be filled by an appointee hereinafter to be
named until the election of the Judge to fill such office as hereinafter provided, and the said fifth
General Sessions and Juvenile Courts Judge to be so appointed or selected and his or her
successors in office shall sit and hold Court regularly in Division Five thereof.
SECTION 3. Be it further enacted, that the county legislative body of Montgomery
County shall appoint a person qualified under the law to fulfill the office hereby created of the
General Sessions and Juvenile Courts Judge of Division Five, who shall hold office until
September 1, 2026, and until his or her successor is elected and qualified. At the regular
August election in 2026, a person qualified under the law shall be elected to serve until
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September 1, 2030, or until his or her successor is elected and qualified. At the regular August
election in 2030, a person qualified under the law shall be elected for a term of eight (8) years
until his or her successor is elected and qualified. At each succeeding judicial election
thereafter a judge for Division Five shall be elected for eight-year terms.
SECTION 4. Be it further enacted that the Judge of the Fifth Division of the General
Sessions and Juvenile Courts of Montgomery County, Tennessee, shall have the same
qualifications and exercise the same powers and jurisdiction and receive the same
compensation as do other General Sessions and Juvenile Court Judges of Montgomery County,
Tennessee.
SECTION 5. Be it further enacted that the County Commission of Montgomery County,
Tennessee, shall furnish the necessary supplies and furnishings for the Fifth Division, and shall
furnish a suitable and separate courtroom, and the Sheriff of the County shall in person or by
deputy attend the Fifth Division when it is in session.
SECTION 6. Be it further enacted, that the office, powers, and duties and
responsibilities of the Clerk of the General Sessions and Juvenile Courts shall be enlarged to
include the work of Division Five, and the Clerk of his or her deputy shall attend Division Five
when it is in session.
SECTION 7. Chapter 66 of the Private Acts of 1995, and all other acts amendatory
thereto, is amended by deleting from Section 7 the following language:
and the position of presiding judge shall rotate between the judge of Division One of the
General Sessions and Juvenile Courts of Montgomery County, Tennessee, Division Two
and Division Three every three years.
and substituting:
and the position of presiding judge shall rotate between the judge of Division One,
Division Two, Division Three, Division Four, and Division Five of the General Sessions
and Juvenile Courts of Montgomery County, Tennessee, every five (5) years.
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SECTION 8. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
of the county legislative body of Montgomery County. Its approval or non-approval shall be
proclaimed by the presiding officer of the county legislative body and certified to the Secretary of
State.
SECTION 9. For the purpose of approving or rejecting the provisions of this act, it shall
be effective upon becoming a law, the public welfare requiring it. For all other purposes it shall
become effective upon being approved as provided in Section 8.