HB 2494

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 ."