Official Summary Text
For the purpose of determining the compensation of a general sessions judge,
present law divides
the counties into seven classes as follows:
(1)
Anderson, Bedford, Blount, Bradley, Carter, Coffee, Cumberland, Davidson, Dickson, Gibson, Greene, Hamblen, Hamilton, Hawkins, Jefferson, Knox, Loudon, Madison, Maury, McMinn, Montgomery, Putnam, Robertson, Roane, Rutherford, Sevier, Shelby, Sullivan, Sumner, Tipton, Washington, Williamson,
and
Wilson counties
.
(2)
Campbell, Cheatham, Fayette, Franklin, Lawrence, Monroe,
and
Warren counties
.
(3)
Claiborne, Cocke, Dyer, Giles, Henry, Lincoln, Marshall, Obion, Rhea
, and
Weakley counties
.
(4)
Carroll, Hardeman, Hardin, Henderson, Hickman, Lauderdale, Macon, Marion, McNairy,
and
White counties
.
(5)
DeKalb, Grainger, Morgan, Overton, Scott, Smith,
and
Union counties
.
(6)
Bledsoe, Benton, Cannon, Chester, Crockett, Decatur, Fentress, Grundy, Haywood, Humphreys, Jackson, Johnson, Lewis, Meigs, Polk, Sequatchie, Stewart, Trousdale, Unicoi,
and
Wayne counties
.
(7)
Clay, Hancock, Houston, Lake, Moore, Perry, Pickett,
and
Van Buren counties
.
Beginning
September 1, 2030, for the purpose of determining the compensation of a general sessions judge,
this bill, instead, divides
the counties
i
nto five classes
. Classes 1, 2 and 3 remain the same as present law outlined above. However, this bill deletes classes 4, 5, 6, and 7 above and consolidates them into a fourth and fifth class represented below by (d) and (e):
(d)
Benton, Carroll, Chester, DeKalb, Fentress, Grainger, Hardeman, Hardin, Haywood, Henderson, Hickman, Humphreys, Johnson, Lauderdale, Macon, Marion, McNairy, Morgan, Overton, Polk, Scott, Sequatchie, Smith, Unicoi, Union, Wayne,
and
White counties
.
(e)
Bledsoe, Cannon, Clay, Crockett, Decatur, Grundy, Hancock, Houston, Jackson, Lake, Lewis, Meigs, Moore, Perry, Pickett, Stewart, Trousdale,
and
Van Buren counties
.
Present law determines t
he class into which a county falls by the 1990 federal census and any subsequent federal census or any special census conducted by the department of economic and community development.
This bill, instead, determines t
he class into which a county falls by the 2020 federal census and any subsequent federal census or any special census conducted by the department of economic and community development.
GENERAL SESSIONS JUDGE
S
PRESIDING OVER TWO OR MORE COUNTIES
Beginning
September 1, 2030
, f
or the purpose of determining the compensation of a general sessions judge who presides over a consolidated general sessions court consisting of two or more counties,
this bill requires
the populations of all counties served by the court
to
be added together, and the resultant sum
to
be increased to the next higher classification for the purpose of determining the class of counties
as outlined above.
This bill requires e
ach county served by a consolidated general sessions court
to
pay its proportional share of the compensation of the judge or judges of the consolidated court based on a ratio established by using the population of the county according to the latest available census, compared to the population of the counties compris
ing the consolidated general sessions court using the latest available census.
For the purposes of a general sessions judge who presides over a consolidated general sessions court consisting of two or more counties only,
this bill requires
the compensation of the judge
to
be based on what a judge of the next higher classification is to receive on September 1, 2030.
COUNTIES CHANGING CLASS MID-TERM
If a county is in one class as provided
above
on September 1 of the year in which a judge is elected to office and after that date the county moves into a lower class on the basis of a subsequent census, then
this bill prohibits
the salary of the judge
from
diminish
ing
during the time for which the judge was elected.
On the other hand, i
f a county is in one class as provided
above
on September 1 of the year in which a judge is elected to office and after that date the county moves into a higher class on the basis of a subsequent census, then
this bill requires
the salary of the judge
t
o
be determined by the higher classification for the remainder of the term for which the judge was elected and subsequent terms of office. A judge's salary, for a county moving into a higher classification, must not be less than the salary paid prior to t
he reclassification.
TIME JUDGE MUST DEVOTE TO OFFICE
Present law generally requires g
eneral sessions judges in Class 4 through Class
7
counties
, as outlined above,
to
be considered part-time judges
who
are not
prohibited from the practice of law or other gainful employment while serving as judge
,
except to the extent the practice or employment constitutes a conflict of interest.
However, present law provides that
a judge of the general sessions court
in
Johnson
and
Unicoi
c
ount
ies,
upon adoption of a resolution by a two-thirds majority vote of the county le
gislative body,
must
devote full time to the duties of such office and
be
prohibited from the practice of law or any other employment
that
conflicts with the performance of their duties as judge.
Present law further requires
a judge of the general sessions court
in Scott County to
devote full time to the duties of such office and be prohibited from the practice of law or any other employment
that
conflicts with the performance of their duties as judge
.
Beginning
September 1, 2030
, this bill requires g
eneral sessions judges in Class 4 and Class 5
counties
(represented by (d) and (e) above) to be
considered part-time judges
. They are
not prohibited from the practice of law or other gainful employment while serving as judge, except to the extent the practice or employment constitutes a conflict of interest.
This bill authorizes
a judge of the general sessions court in a county, upon adoption of a resolution by a two-thirds majority vote of the county legislative body,
to
devote full time to the duties of the office and
to be
prohibited from the practice of law or any other employment that conflicts with the performance of the judge's duties as judge.
This bill does not affect present law pertaining to Johnson, Scott, and Unicoi counties, as outlined above.
This bill prohibits
a general sessions judge who engages in the private practice of law
from
receiv
ing
an increase in annual salary if the judge is prohibited by law from engaging in private practice.
BASE SALARIES
Present law calculates the annual base salaries for general sessions judges as follows:
Counties of the 1st class: $70,000
.
Counties of the 2nd class:
$50,000
.
Counties of the 3rd class: $40,000
.
Counties of the 4th class: $32,000
.
Counties of the 5th class: $26,000
.
Counties of the 6th class: $22,000
.
Counties of the 7th class: $20,000
.
Beginning
September 1, 2030, this bill requires compensation for
general sessions
judges
to
be calculated in the
manner outlined below.
Concurrent
J
urisdiction
Beginning
September 1, 2030
, this bill requires t
he following counties
to
continue to set the annual salaries for general sessions judges exercising concurrent juvenile jurisdiction and juvenile judges by existing private acts:
Claiborne, Davidson, Gibson, Hamilton, Haywood, Henderson, Henry, Johnson, Knox, Lake, Montgomery, Putnam, Rutherford, Shelby, Tipton, and Williamson.
Except for the counties listed
in the prior paragraph, this bill provides that
the annual salaries for general sessions judges exercising concurrent juvenile jurisdiction and juvenile judges in the following classes of counties are as follows:
In counties of the
1st
class, equal to the annual salary of a circuit judge.
In counties of the
2nd
class, 5% less than the annual salary of a circuit judge
.
In counties of the
3rd
class, 15% less than the annual salary of a circuit judge
.
In counties of the
4th
class
, listed in (d) above
, 25% less than the annual salary of a circuit judge
.
In counties of the
5th
class
, listed in (e) above
, 35% less than annual salary of a circuit judge.
Present law provides that
circuit court judges
generally
receive $140,000
per year, adjusted annually
based upon the percentage of change in the average consumer price inde
x (CPI). However, the m
aximum adjustment is 5% annually unless the CPI change exceeds 10%, then it
is
5% plus 1% for each 1% above 10%
.
No
C
oncurrent
J
urisdiction
This bill provides that t
he annual salaries for general sessions judges not exercising concurrent juvenile jurisdiction, and juvenile judges not exercising concurrent general sessions jurisdiction, in the following classes of counties are as follows:
In counties of the
1st
class, equal to the annual salary of a circuit judge
.
In counties of the
2nd
class,
5% less than the annual salary of a circuit judge
.
In counties of the
3rd
class, 20% less than the annual salary of a circuit judge
.
In counties of the
4
th class, 30% less than the annual salary of a circuit judge
.
In counties of the
5
th class, 40% less than the annual salary of a circuit judge.
As stated above, present law provides that
circuit court judges
generally
receive $140,000
per year, adjusted annually
based on the percentage of change in the average consumer price inde
x (CPI). However, the m
aximum adjustment is 5% annually unless the CPI change exceeds 10%, then it
is
5% plus 1% for each 1% above 10%
.
This bill prohibits
a judge of a general sessions court or juvenile judge
from being
paid an annual salary that is greater than the salary paid to a judge of a circuit court.
SALARY IN GENERAL
This bill provides all of the following additional provisions pertaining to compensation:
Beginning July 1, 2031, the annual compensation, salaries, and annual adjustments established under this
bill
must be adjusted annually
in
the same way as circuit court judges, which is, as stated above, adjusted annually
based on the percentage of change in the average
CPI. However, the m
aximum adjustment is 5% annually unless the CPI change exceeds 10%, then it
is
5% plus 1% for each 1% above 10%
.
The compensation and annual adjustment
s in
this bill are minimum levels.
The compensation schedule established by this
bill
is a comprehensive plan, and a salary in excess of the annual salary provided by this
bill
is not available to a general sessions judge or juvenile judge, unless expressly provided and funded by a private act.
This
bill
does not prohibit a county, by public or private act, from compensating its general sessions judge or juvenile judges at levels in excess of what is required by this
bill
. A private or public act in effect on or after September 1, 2030, that provides greater compensation for a general sessions judge than is required by this
bill
prevails over this
bill
to the extent of the judge's amount of compensation.
A
judge of a court of general sessions or juvenile judge must not be paid compensation based on both this
bill
and the compensation provisions in a private act.
On
September 1, 2030, the annual salary for a general sessions court judge or juvenile judge who is compensated under this
bill
must be increased over the annual compensation, salary, supplements, and annual adjustments that each judge actually received as of August 31, 2030, and the annual salary must not be decreased unless the county moves into a lower class on the basis of a prior census.
All general sessions court judges or juvenile judges in Class 1-5 counties
(represented above by (1), (2), (3), (d), and (e))
who are compensated under this
bill
must receive the same compensation as the most highly compensated general sessions court judge or juvenile judge in the same county classification with the same jurisdiction who is compensated under this
bill
.
ADMINISTRATION OF COMPENSATION
On or before June 30, 2030,
this bill requires
each general sessions court judge and juvenile judge
to
certify to the administrative office of the courts (AOC) the total amount of the judge's actual compensation as of August 31, 2030, the jurisdictions exercised by the judge, the legal basis for exercising the jurisdiction, and whether the judge is compen
sated under this
bill
or under a public or private act. A certification of the county's chief financial officer of the actual compensation of the judge a
s of August 31, 2030, or other verifiable proof of the judge's actual compensation must be included in the information submitted by the judge to the AOC.
When all judges have certified the required information to the AOC,
this bill requires
the AOC
to
report to each general sessions court judge the amount of compensation to be paid to the
general sessions court
judge beginning on September 1, 2030, based on the information provided by the judge. Thereafter, when a new court is created, a new judge takes office, or a similar change occurs,
or upon the completion of a new census and reclassification of a county by change of population, the AOC
must
report the amount of compensation to be paid to a judge affected by the change
PRIVILEGE TAX
E
xcept for
Claiborne, Davidson, Gibson, Hamilton, Haywood, Henderson, Henry, Johnson, Knox, Lake, Montgomery, Putnam, Rutherford, Shelby, Tipton, and Williamson
counties, this bill requires
the general sessions and juvenile court costs
to
be set and collected in the amount prescribed by general law and public or private act. There is levied a county privilege tax on litigation in the following amounts in each civil, criminal, juvenile, and traffic case initiated in a general sessions cour
t or juvenile cou
rt in Class 1-5
counties
(represented above by (1), (2), (3), (d), and (e))
as follows:
Class 1 county
:
$1.00
county privilege tax on litigation
.
Class 2 county
:
$2.00
county
privilege tax on litigation
.
Class 3 county
:
$3.00
county
privilege tax on litigation
.
Class 4 county
(listed in (d) above): $4.00
county
privilege tax on litigation
.
Class 5 county
(listed in (e) above):
$5.00
county
privilege tax on litigation
.
This bill requires such
county litigation tax
to be
due and collected even if the party, litigant, defendant, or juvenile does not appear in court. From the amount of tax collected, each county of each class
must
use it for
the exclusive and sole purpose of defraying the compensation, salary, and annual adjustments of the general sessions judges and juvenile judges.
This bill requires e
ach general sessions judge and juvenile judge, whether full-time or part-time,
to
continue to exercise the jurisdiction vested with, and exercising, on August 31, 2030, unless changed or modified as allowed
by state law
.
Current Bill Text
Read the full stored bill text
SENATE BILL 1734
By Stevens
HOUSE BILL 1964
By Farmer
HB1964
010201
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 16,
Chapter 15, Part 50, relative to courts of general
sessions or juvenile jurisdiction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 16-15-5001, is amended by deleting
"For the purpose of determining" in subsection (a) and substituting instead "Effective until
September 1, 2030, for the purpose of determining" and adding the following new subsections:
(e) Subsections (a)–(d) apply to determinations of compensation, salaries, and
adjustments until September 1, 2030, and are deleted on September 1, 2030.
Subsections (f)–(i) apply to determinations of compensation, salaries, and adjustments
on or after September 1, 2030. This subsection (e) is deleted on September 1, 2030.
(f) Effective September 1, 2030, for the purpose of determining the
compensation of a general sessions judge or juvenile judge, the counties of this state
are divided into five (5) classes as follows:
(1) Counties having a population of more than forty-nine thousand
(49,000) constitute counties of the first class;
(2) Counties having a population of more than thirty-eight thousand
(38,000) but not more than forty-nine thousand (49,000) constitute counties of
the second class;
(3) Counties having a population of more than thirty thousand (30,000)
but not more than thirty-eight thousand (38,000) constitute counties of the third
class;
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(4) Counties having a population of more than fifteen thousand (15,000)
but not more than thirty thousand (30,000) constitute counties of the fourth class;
and
(5) Counties having a population of fifteen thousand (15,000) or less,
constitute counties of the fifth class.
(g) The class into which a county falls must be determined by the 2020 federal
census or a subsequent federal census or a special census conducted by the
department of economic and community development.
(h)
(1) For the purpose of determining the compensation of a general
sessions judge who presides over a consolidated general sessions court
consisting of two (2) or more counties, the populations of all counties served by
the court must be added together, and the resultant sum must be increased to
the next higher classification for the purpose of determining the class of counties
in accordance with subsection (f).
(2) Each county served by a consolidated general sessions court shall
pay its proportional share of the compensation of the judge or judges of the
consolidated court based on a ratio established by using the population of the
county according to the latest available census, compared to the population of
the counties comprising the consolidated general sessions court using the latest
available census.
(3) For the purposes of this subsection (h) only, the compensation of the
judge must be based on what a judge of the next higher classification is to
receive on September 1, 2030.
(i)
- 3 - 010201
(1) If a county is in one class as provided in this section on September 1
of the year in which a judge is elected to office and after that date the county
moves into a lower class on the basis of a subsequent census, then the salary of
the judge must not be diminished during the time for which the judge was
elected.
(2) If a county is in one class as provided in this section on September 1
of the year in which a judge is elected to office and after that date the county
moves into a higher class on the basis of a subsequent census, then the salary
of the judge must be determined by the higher classification for the remainder of
the term for which the judge was elected and subsequent terms of office. A
judge's salary, for a county moving into a higher classification, must not be less
than the salary paid prior to the reclassification.
SECTION 2. Tennessee Code Annotated, Section 16-15-5002, is amended by adding
the following new subsections:
(e) Subsections (a)–(d) apply to judges until September 1, 2030, and are deleted
on September 1, 2030. Subsections (f)–(h) apply to judges on or after September 1,
2030. This subsection (e) is deleted on September 1, 2030.
(f) All general sessions judges in Class 1, 2, and 3 counties shall devote full time
to the duties of the office and are prohibited from the practice of law or any other
employment that conflicts with the performance of their duties as judge.
(g) General sessions judges in Class 4 and Class 5 counties are considered
part-time judges and are not prohibited from the practice of law or other gainful
employment while serving as judge, except to the extent the practice or employment
constitutes a conflict of interest.
- 4 - 010201
(h) Notwithstanding this section to the contrary, a judge of the general sessions
court in a county, upon adoption of a resolution by a two-thirds (2/3) majority vote of the
county legislative body, shall devote full time to the duties of the office and is prohibited
from the practice of law or any other employment that conflicts with the performance of
the judge's duties as judge.
SECTION 3. Tennessee Code Annotated, Section 16-15-5003, is amended by adding
the following new subsections:
(l) Subsections (a)–(k) apply to compensation, salaries, and adjustments for
general sessions judges until September 1, 2030, and are deleted on September 1,
2030. Subsections (m)–(aa) apply to compensation, salaries, and adjustments for
general sessions and juvenile judges on or after September 1, 2030. This subsection (l)
is deleted on September 1, 2030.
(m) The following counties shall continue to set the annual salaries for general
sessions judges exercising concurrent juvenile jurisdiction and juvenile judges by
existing private acts: Shelby, Davidson, Hamilton, Knox, Williamson, Montgomery,
Rutherford, Tipton, Henderson, Lake, Haywood, Putnam, Johnson, Henry, Gibson, and
Claibourne.
(n) Except for the counties listed in subsection (m), the annual salaries for
general sessions judges exercising concurrent juvenile jurisdiction and juvenile judges in
the following classes of counties are as follows:
(1) In counties of the first class, equal to the annual salary of a circuit
judge;
(2) In counties of the second class, five percent (5%) less than the
annual salary of a circuit judge;
- 5 - 010201
(3) In counties of the third class, fifteen percent (15%) less than the
annual salary of a circuit judge;
(4) In counties of the fourth class, twenty-five percent (25%) less than the
annual salary of a circuit judge; and
(5) In counties of the fifth class, thirty-five percent (35%) less than annual
salary of a circuit judge.
(o) The annual salaries for general sessions judges not exercising concurrent
juvenile jurisdiction, and juvenile judges not exercising concurrent general sessions
jurisdiction, in the following classes of counties are as follows:
(1) In counties of the first class, equal to the annual salary of a circuit
judge;
(2) In counties of the second class, five percent (5%) less than the
annual salary of a circuit judge;
(3) In counties of the third class, twenty percent (20%) less than the
annual salary of a circuit judge;
(4) In counties of the fourth class, thirty percent (30%) less than the
annual salary of a circuit judge; and
(5) In counties of the fifth class, forty percent (40%) less than the annual
salary of a circuit judge.
(p) Notwithstanding a law or this part to the contrary, a judge of a general
sessions court or juvenile judge must not be paid an annual salary that is greater than
the salary paid to a judge of a circuit court.
(q) Notwithstanding a law or this part to the contrary, a general sessions judge
who engages in the private practice of law must not receive an increase in annual salary
pursuant to this part if the judge is prohibited by law from engaging in private practice.
- 6 - 010201
(r) Beginning July 1, 2031, the annual compensation, salaries, and annual
adjustments established under this section must be adjusted annually in accordance
with § 8-23-103(2).
(s) The compensation and annual adjustment provisions of this part are
minimum levels.
(t) The compensation schedule established by this part is a comprehensive plan,
and a salary in excess of the annual salary provided by this part is not available to a
general sessions judge or juvenile judge, unless expressly provided and funded by a
private act.
(u) This part does not prohibit a county, by public or private act, from
compensating its general sessions judge or juvenile judges at levels in excess of what is
required by this part. A private or public act in effect on or after September 1, 2030, that
provides greater compensation for a general sessions judge than is required by this part
prevails over this part to the extent of the judge's amount of compensation.
(v) Notwithstanding a law to the contrary, a judge of a court of general sessions
or juvenile judge must not be paid compensation based on both this part and the
compensation provisions in a private act.
(w) Notwithstanding a law or public act to the contrary, effective September 1,
2030, the annual salary for a general sessions court judge or juvenile judge who is
compensated under this section must be increased over the annual compensation,
salary, supplements, and annual adjustments that each judge actually received as of
August 31, 2030, and the annual salary must not be decreased unless the county moves
into a lower class on the basis of a prior census.
(x) Notwithstanding this part to the contrary, all general sessions court judges or
juvenile judges in Class 1-5 counties who are compensated under this part must receive
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the same compensation as the most highly compensated general sessions court judge
or juvenile judge in the same county classification with the same jurisdiction who is
compensated under this section.
(y) On or before June 30, 2030, each general sessions court judge and juvenile
judge shall certify to the administrative office of the courts (AOC) the total amount of the
judge's actual compensation as of August 31, 2030, the jurisdictions exercised by the
judge, the legal basis for exercising the jurisdiction, and whether the judge is
compensated under this section or under a public or private act. A certification of the
county's chief financial officer of the actual compensation of the judge as of August 31,
2030, or other verifiable proof of the judge's actual compensation, must be included in
the information submitted by the judge to the AOC. When all judges have certified the
required information to the AOC, the AOC shall report to each general sessions court
judge the amount of compensation to be paid to the general sessions court judge
beginning on September 1, 2030, based on the information provided by the judge.
Thereafter, when a new court is created, a new judge takes office, or a similar change
occurs, or upon the completion of a new census and reclassification of a county by
change of population, the AOC shall report the amount of compensation to be paid to a
judge affected by the change.
(z)
(1) Notwithstanding a law to the contrary, and except for the counties
listed in subsection (m), the general sessions and juvenile court costs must be
set and collected in the amount prescribed by general law and public or private
act. There is levied a county privilege tax on litigation in the following amounts in
each civil, criminal, juvenile, and traffic case initiated in a general sessions court
or juvenile court in Class 1-5 counties as follows:
- 8 - 010201
(A) One dollar ($1.00) in Class 1 counties;
(B) Two dollars ($2.00) in Class 2 counties;
(C) Three dollars ($3.00) in Class 3 counties;
(D) Four dollars ($4.00) in Class 4 counties; and
(E) Five dollars ($5.00) in Class 5 counties.
(2) The county litigation tax imposed by subdivision (z)(1) is due and
must be collected even if the party, litigant, defendant, or juvenile does not
appear in court. From the amount of tax collected, each county of each class
shall use it for the exclusive and sole purpose of defraying the compensation,
salary, and annual adjustments of the general sessions judges and juvenile
judges.
(aa) Each general sessions judge and juvenile judge, whether full-time or part-
time, shall continue to exercise the jurisdiction vested with, and exercising, on August
31, 2030, unless changed or modified as allowed by this chapter.
SECTION 4. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.