SB 1734

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 .