Attorney General Opinions
Relating to County Government

2006 Clerks of Court

A clerk and master is eligible for additional compensation if he or she clerks for the chancery court and also performs clerking services with regard to probate cases, regardless the court in which court the probate matters are heard. Opinion No. 06-162 (October 12, 2006).

Litigation taxes, court costs, and fines may be collected only by execution, garnishment, and judgment liens. Neither contempt nor a writ of scire facias is authorized to collect litigation taxes, court costs, and fines. It is unlawful to imprison a criminal defendant for non-payment of court costs and litigation taxes. Unless there has been a finding that the defendant had the means to pay the fine and willfully failed to pay it, it is unlawful to imprison a criminal defendant for non-payment of fines. The distribution of partial payments made by a criminal defendant is mandated by statute in T.C.A. § 40-24-105(a), which provides that payments must be applied first to litigation taxes until paid, then to costs until paid, and then to fines. Opinion No. 06-135 (August 21, 2006).

The standard post-judgment fee of $25 contained in T.C.A. § 8-21-401(i)(1) applies to all motions and occurrences after judgment is properly entered; the fee applies to post-judgment filings by both plaintiff and defendant. Opinion No. 06-121 (August 1, 2006).

Agencies that work with victims of domestic violence, sexual assault, and stalkings may assist victims in preparing and filing a petition for order of protection if the agency has been provided forms for this purpose by the clerk of court, as provided for in T.C.A. § 36-6-617 and the agency does not engage in conduct that requires the professional judgment of a lawyer. Under these circumstances, such an agency would not have to work under the direction of a lawyer; the assistance of the clerk of court would be sufficient. Opinion No. 06-108 (July 5, 2006).

When presented with an order to expunge divorce records pursuant to T.C.A. § 36-4-127, the clerk is required to destroy or obliterate the records. There is no particular procedure specified in the law. Opinion No. 06-015 (January 19, 2006).