Official Summary Text
Present law sets the base salaries of major officials of the state based on different class categories. For example, Class 1 officials are the commissioner of education, commissioner of finance and administration, commissioner of transportation, comptrol
ler of the treasury, secretary of state, and treasurer. Similarly, the base salaries for judges and chancellors are also set by law.
SUPREME COURT JUSTICES
B
eginning September 1, 2030,
this bill
requires the chief justice of the supreme court
to
receive per annum a
base
salary equal to the salary received by a class 1 official
on July 1, 2030. Associate justices of the supreme court must receive a salary that is $5,000 per annum less than that received by the chief justice.
COURT OF APPEALS JUDGES
Beginning September 1, 2030,
this bill requires t
he chief judges of the court of appeals and the court of criminal appeals will each receive a salary that is $7,500 per annum less than the salary received by the associate justices of the supreme court.
Judges of the court of appeals and the court of criminal appeals must receive a salary that is $10,000 per annum less than that received by the associate justices of the supreme court.
CHANCELLORS, CIRCUIT COURT JUDGES, AND CRIMINAL COURT JUDGES
Beginning September 1, 2030,
this bill requires c
hancellors, circuit court judges, and criminal court judges must receive a salary that is $10,000 per annum less than that received by the members of the court of appeals effective September 1, 2030.
ADJUSTMENTS
Present law
requires
the base salaries
of judges and chancellors
to
be adjusted in accordance with the formula reflecting the percentage of change in the average consumer price index between the two calendar years preceding July 1 of the year in which the adjustment is made
. However,
a
reduction
must not
be made by way of adjustment on account of any decrease in the average consumer price index between two successive calendar years
.
Additionally, an
adjustment
must not
exceed 5% per annum
,
except when the change in t
he average consumer price index exceeds 10%, in which event
,
the adjustment
must
be equal to 5% plus 1% for each 1% or fraction thereof beyond 10%.
B
eginning on July 1, 2031, and on each July 1 thereafter,
this bill requires
such adjustment
to be applied to determine what, if any, adjustments are to be made to the base salaries set out in this bill.
GENERAL SESSION JUDGES
County
C
lassifications
Present law divides the counties into the following seven classes to determine the compensation of a general sessions judge:
Class 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.
Class 2
- Campbell, Cheatham, Fayette, Franklin, Lawrence, Monroe, and Warren counties.
Class 3
- Claiborne, Cocke, Dyer, Giles, Henry, Lincoln, Marshall, Obion, Rhea, and Weakley counties.
Class 4
- Carroll, Hardeman, Hardin, Henderson, Hickman, Lauderdale, Macon, Marion, McNairy, and White counties.
Class 5
- DeKalb, Grainger, Morgan, Overton, Scott, Smith, and Union counties.
Class 6
- Bledsoe, Benton, Cannon, Chester, Crockett, Decatur, Fentress, Grundy, Haywood, Humphreys, Jackson, Johnson, Lewis, Meigs, Polk, Sequatchie, Stewart, Trousdale, Unicoi, and Wayne counties.
Class 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 or juvenile judge,
this bill divides
the counties of this state into five classes
. Class 1-3 remain the same as described above. However, the new fourth and fifth classes are determined as following:
Class 4
- 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.
Class 5
- Bledsoe, Cannon, Clay, Crockett, Decatur, Grundy, Hancock, Houston, Jackson, Lake, Lewis, Meigs, Moore, Perry, Pickett, Stewart, Trousdale, and Van Buren counties.
Present law determines the compensation of a general sessions judge who presides over a
consolidated general sessions court consisting of two or more counties by the populations of all counties served by the court
being
added together, and the resultant sum
being
increased to the next higher classification for the purpose of determining the class of counties in accordance with the seven classifications described above. Each county served by
such
a
consolidated
court must 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 compared to the population of the counties comprising the consolidated court using the latest available census.
B
eginning September 1, 2030, and for the purposes of a
judge
who presides over
such
a consolidated court,
this bill requires
the compensation of such judge
to
be based on what a judge of the next higher classification is to receive on September 1, 2030.
Practicing Law or Other Employment
Present law
generally
requires general sessions judges in Class 1, 2
,
or 3 counties to devote full time to the duties of such office and prohibit
s them
from the practice of law or any other employment
that
conflicts with the performance of their duties as judge. General sessions judges in Class 4 through Class
7
counties must be 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
. However, present law
requires a judge of the general sessions court in Scott County
, which is a Class 5 county,
to devote full time to the duties of such office and be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.
P
rior to September 1, 2030, general sessions judges in
old
Class 4
-
7 counties, and on or after September 1, 2030, general sessions judges in
new
Class 4
-
5 counties, are considered part-time judges and are
authorized to
practice law or other gainful employment while serving as judge, except to the extent the practice or employment constitutes a conflict of interest. However, on or after September 1, 2030, a judge of the general sessions court in any county, upon adopti
on of a resolution by two-thirds major
ity vote of the county legislative body, is required
to
devote full time to the duties of such 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
. This bill does not affect Scott County's judges
, which under present law
must be full time.
Compensation
C
alculations
P
rior to September 1, 2030
, t
his bill requires compensation for general sessions judges to be calculated pursuant to the present law's county classifications, with the following annual base salaries:
Class 1 County
-
$70,000
Class 2 County
-
$50,000
Class 3 County
-
$40,000
Class 4 County
-
$32,000
Class 5 County
-
$26,000
Class 6 County
-
$22,000
Class 7 County
-
$20,000
Effective September 1, 2030,
this bill requires
the following counties
to
continue to set the annual salaries for general sessions judges exercising concurrent juvenile jurisdiction and juvenile court judges by private act
:
Davidson, Hamilton, Haywood, Henderson, Knox, Lake, Montgomery, Putman, Shelby, and Tipton
.
However, t
he annual salary for general sessions judges exercising concurrent juvenile jurisdiction and juvenile court judges in areas other than the counties listed above is as follows:
Class 1 County
-
equal to the annual salary of a circuit court judge.
Class 2 County
-
5% less than the annual salary of a circuit court judge.
Class 3 County
-
20% less than the annual salary of a circuit court judge.
Class 4 County
-
30% less than the annual salary of a circuit court judge.
Class 5 County
-
35% less than the annual salary of a circuit court judge.
Effective September 1, 2030,
this bill provides that
the annual salary for a general sessions judge not exercising concurrent juvenile jurisdiction and a juvenile court judge not exercising concurrent general sessions jurisdiction is as follows:
Class 1 County
-
equal to the annual salary of a circuit court judge.
Class 2 County
-
5% less than the annual salary of a circuit court judge.
Class 3 County
-
25% less than the annual salary of a circuit court judge.
Class 4 County
-
35% less than the annual salary of a circuit court judge.
Class 5 County
-
40% less than the annual salary of a circuit court 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. This bill prohibits a
judge of a general sessions court or juvenile court
from
be
ing
paid an annual salary that is greater than the salary paid to a judge of a circuit court. A general sessions judge who engages in the private practice of law must also not receive an increase in annual salary pursuant to this bill if the judge is pr
ohibited by law from engaging in private practice.
This bill requires t
he annual compensation, salaries, and annual adjustments established under this bill
to
be adjusted annually in accordance with the salary adjustments of chancellors, circuit court judges, criminal court judges, law and equity judges, judges of court of appeals, and justices.
Compensation by
P
rivate
A
ct
Th
is bill provides that the
compensation schedule
is a comprehensive plan, and salary in excess of the annual salary must not be made available to a general sessions judge or juvenile court judge, unless expressly provided and funded by a private act. This bill does not prohibit a county, by private act
, from compensating its general sessions judge or juvenile court judge at levels in excess of what is required. Any private or public act in effect on or after September 1, 2030, that provides greater comp
ensation for a general sessions judge than is required, to the extent of the judge's amount of compensation, prevails over this bill.
However, t
his bill prohibits a judge of a court of general sessions or juvenile court to be paid compensation based on both this
bill
and the compensation provisions in a private act.
Effective September 1, 2030,
this bill requires
the annual salary for a general sessions court judge or juvenile court judge who is compensated through this bill
to
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.
This bill requires e
ach general sessions court judge and juvenile court judge in a Class 1-5 county who is compensated by this bill
to
receive the same compensation as the most highly compensated general sessions court judge or juvenile court judge in the same county classification with the same jurisdiction who is compensated through this bill.
Certif
ication
to the
A
dministrative
O
ffice of the
C
ourts
On or before June 30, 2030,
this bill requires
each general sessions court judge and juvenile court 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 compensated 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 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, th
is bill requires the
AOC
to
report to each general sessions court judge the amount of compensation to be paid to the 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 any simi
lar change occurs, or upon the completion of a new census and reclassification of any county, the AOC must report the amount of compensation to be paid to any
judge affected by the change.
Court
C
osts
C
ollected
Excluding the specifically listed counties above that set the salary for general sessions judges exercising concurrent juvenile jurisdiction by private act,
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.
Effective September 1, 2030
, this bill requires
a county privilege tax
to be levied
on litigation
in each civil, criminal, juvenile, or traffic case initiated in
a
general sessions court or juvenile court
in a county
in an amount as follows:
Class 1 County
- $1.00
Class 2 County
- $2.00
Class 3 County
- $3.00
Class 4 County
- $4.00
Class 5 County
- $5.00
This bill provides that t
he county privilege tax on litigation is due and must be collected even if the party, litigant, defendant, or juvenile does not appear in court. From such amount, the county must use the funds for the exclusive and sole purpose of defraying the compensat
ion, salary, and annual adjustments of the general sessions judges and juvenile court judges. Each general sessions judge and juvenile court judge, whether full-time or part-time, continues to exercise the jurisdiction the judge i
s vested with and exercising on August 31, 2030, unless changed or modified
,
as allowed by this bill
or state law
.
Current Bill Text
Read the full stored bill text
SENATE BILL 2329
By Gardenhire
HOUSE BILL 2494
By Farmer
HB2494
011570
- 1 -
AN ACT to amend Tennessee Code Annotated, Section 8-
23-103; Title 16 and Title 67, relative to courts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-23-103(1), is amended by adding
the following as a new subdivision (C):
(i) Beginning September 1, 2030, the chief justice of the supreme court shall
receive per annum a salary equal to the salary received by a class 1 official pursuant to
§ 8-23-101 on July 1, 2030. Associate justices of the supreme court shall receive a
salary that is five thousand dollars ($5,000) per annum less than that received by the
chief justice.
(ii) Beginning September 1, 2030, the chief judges of the court of appeals and
the court of criminal appeals will each receive a salary that is seven thousand five
hundred dollars ($7,500) per annum less than the salary received by the associate
justices of the supreme court. Judges of the court of appeals and the court of criminal
appeals shall receive a salary that is ten thousand dollars ($10,000) per annum less than
that received by the associate justices of the supreme court effective September 1,
2030.
(iii) Chancellors, circuit court judges, and criminal court judges shall receive a
salary that is ten thousand dollars ($10,000) per annum less than that received by the
members of the court of appeals effective September 1, 2030.
(iv) Beginning on July 1, 2031, and on each July 1 thereafter, subdivision (2)
must be applied to determine what, if any, adjustments are to be made to the base
salaries set out in this subdivision (1)(C).
- 2 - 011570
SECTION 2. Tennessee Code Annotated, Section 16-15-5001(a), is amended by
deleting the language "For the purpose of determining the compensation of a general sessions
judge, the counties of this state are divided into seven (7) classes as follows:" and substituting:
Prior to September 1, 2030, for the purpose of determining the compensation of a
general sessions judge, the counties of this state are divided into seven (7) classes as
follows:
SECTION 3. Tennessee Code Annotated, Section 16-15-5001(a), is amended by
redesignating the subsection as subdivision (a)(1) and adding the following new subdivision:
(2) Beginning 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:
(A) Counties having a population of more than forty-nine thousand
(49,000) constitute counties of the first class;
(B) 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;
(C) 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;
(D) 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
(E) Counties having a population of fifteen thousand (15,000) or less
constitute counties of the fifth class.
- 3 - 011570
SECTION 4. Tennessee Code Annotated, Section 16-15-5001(b), is amended by
deleting the subsection and substituting:
(b) The class into which a county falls is determined by the 2020 federal census
and any subsequent federal census or any special census conducted by the department
of economic and community development.
SECTION 5. Tennessee Code Annotated, Section 16-15-5001(c)(3), is amended by
redesignating the existing language as subdivision (c)(3)(A) and adding the following as a new
subdivision (B):
(B) Beginning September 1, 2030, and for the purposes of this subsection (c)
only, the compensation of such judge must be based on what a judge of the next higher
classification is to receive on September 1, 2030.
SECTION 6. Tennessee Code Annotated, Section 16-15-5002, is amended by deleting
subsection (b) and substituting:
(b) Prior to September 1, 2030, general sessions judges in Class 4 through
Class 7 counties, and on or after September 1, 2030, general sessions judges in Class 4
and 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.
SECTION 7. Tennessee Code Annotated, Section 16-15-5002, is amended by adding
the following new subsection:
( ) Notwithstanding this section to the contrary, on or after September 1, 2030, a
judge of the general sessions court in any county, upon adoption of a resolution by two-
thirds (2/3) majority vote of the county legislative body, shall devote full time to the duties
of such office and is prohibited from the practice of law or any other employment which
conflicts with the performance of the judge's duties as judge.
- 4 - 011570
SECTION 8. Tennessee Code Annotated, Section 16-15-5003, is amended by adding
the following new subsection:
(l) Compensation for general sessions judges must be calculated pursuant to
this section prior to September 1, 2030. Effective September 1, 2030, compensation for
general sessions judges must be calculated pursuant to SECTION 9.
SECTION 9. Tennessee Code Annotated, Title 16, Chapter 16, Part 50, is amended by
adding the following new section:
(a) Effective September 1, 2030, the following counties shall continue to set the
annual salaries for general sessions judges exercising concurrent juvenile jurisdiction
and juvenile court judges by private act: Shelby, Davidson, Hamilton, Knox,
Montgomery, Tipton, Henderson, Lake, Haywood, and Putnam.
(b) Effective September 1, 2030, except as provided in subsection (a), the
annual salary for general sessions judges exercising concurrent juvenile jurisdiction and
juvenile court judges is as follows:
(1) For counties in Class 1, equal to the annual salary of a circuit court
judge;
(2) For counties in Class 2, five percent (5%) less than the annual salary
of a circuit court judge;
(3) For counties in Class 3, twenty percent (20%) less than the annual
salary of a circuit court judge;
(4) For counties in Class 4, thirty percent (30%) less than the annual
salary of a circuit court judge; and
(5) For counties in Class 5, thirty-five percent (35%) less than the annual
salary of a circuit court judge.
- 5 - 011570
(c) Effective September 1, 2030, the annual salary for a general sessions judge
not exercising concurrent juvenile jurisdiction and a juvenile court judge not exercising
concurrent general sessions jurisdiction is as follows:
(1) For counties in Class 1, equal to the annual salary of a circuit court
judge;
(2) For counties in Class 2, five percent (5%) less than the annual salary
of a circuit court judge;
(3) For counties in Class 3, twenty-five percent (25%) less than the
annual salary of a circuit court judge;
(4) For counties in Class 4, thirty-five percent (35%) less than the annual
salary of a circuit court judge; and
(5) For counties in Class 5, forty percent (40%) less than the annual
salary of a circuit court judge.
(d) Notwithstanding another law to the contrary, a judge of a general sessions
court or juvenile court shall not be paid an annual salary that is greater than the salary
paid to a judge of a circuit court.
(e) Notwithstanding another law to the contrary, a general sessions judge who
engages in the private practice of law shall not receive an increase in annual salary
pursuant to this part if the judge is prohibited by law from engaging in private practice.
(f) The annual compensation, salaries, and annual adjustments established
under this part must be adjusted annually in accordance with § 8-23-103.
(g) The compensation and annual adjustment provisions of this part must be
construed as minimum levels.
(h) The compensation schedule established by this part is a comprehensive
plan, and salary in excess of the annual salary provided by this part shall not be made
- 6 - 011570
available to a general sessions judge or juvenile court judge, unless expressly provided
and funded by a private act.
(i) This part does not prohibit a county, by private act, from compensating its
general sessions judge or juvenile court judge at levels in excess of what is required by
this part. Any 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, to the
extent of the judge's amount of compensation, prevails over this part.
(j) Notwithstanding another law to the contrary, a judge of a court of general
sessions or juvenile court judge shall not be paid compensation based on both this part
and the compensation provisions in a private act.
(k) Notwithstanding another law to the contrary, effective September 1, 2030, the
annual salary for a general sessions court judge or juvenile court 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 shall not be decreased unless the county moves
into a lower class on the basis of a prior census.
(l) Notwithstanding another law to the contrary, each general sessions court
judge and juvenile court judge in a Class 1-5 county who is compensated under this part
shall receive the same compensation as the most highly compensated general sessions
court judge or juvenile court judge in the same county classification with the same
jurisdiction who is compensated under this part.
(m) On or before June 30, 2030, each general sessions court judge and juvenile
court 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
- 7 - 011570
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 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 any similar change occurs, or upon the completion
of a new census and reclassification of any county, the AOC shall report the amount of
compensation to be paid to any judge affected by the change.
(n)
(1) Notwithstanding another law to the contrary, excluding counties listed
in subsection (a) that set the salary for general sessions judges exercising
concurrent juvenile jurisdiction by private act, the general sessions and juvenile
court costs must be set and collected in the amount prescribed by general law
and public or private act.
(2) Effective September 1, 2030:
(A) There is levied a county privilege tax on litigation of one dollar
($1.00) in each civil, criminal, juvenile, or traffic case initiated in general
sessions court or juvenile court in a Class 1 county;
(B) There is levied a county privilege tax on litigation of two
dollars ($2.00) in each civil, criminal, juvenile, or traffic case initiated in
general sessions court or juvenile court in a Class 2 county;
- 8 - 011570
(C) There is levied a county privilege tax on litigation of three
dollars ($3.00) in each civil, criminal, juvenile, or traffic case initiated in
general sessions court or juvenile court in a Class 3 county;
(D) There is levied a county privilege tax on litigation of four
dollars ($4.00) in each civil, criminal, juvenile, or traffic case initiated in
general sessions court or juvenile court in a Class 4 county; and
(E) There is levied a county privilege tax on litigation of five
dollars ($5.00) in each civil, criminal, juvenile, or traffic case initiated in
general sessions court or juvenile court in a Class 5 county.
(3) The county privilege tax on litigation is due and must be collected
even if the party, litigant, defendant, or juvenile does not appear in court. From
such amount, the county shall use the funds for the exclusive and sole purpose
of defraying the compensation, salary, and annual adjustments of the general
sessions judges and juvenile court judges.
(o) Each general sessions judge and juvenile court judge, whether full-time or
part-time, continues to exercise the jurisdiction the judge is vested with and exercising
on August 31, 2030, unless changed or modified as allowed by this chapter.
SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.