Attorney General Opinions
Relating to County Government

2004 Courts

Courts have the authority to assess court costs upon entry of a final order declaring bail to be forfeited. Opinion No. 04-173 (December 17, 2004).

Requiring criminal defendants to submit to drug testing as a condition of release on bail is not an unreasonable search under the state or federal constitutions. The trial court cannot refuse to set bail for a defendant who will not submit to drug testing, but the court can refuse to release a criminal defendant for refusing to abide by the conditions of release. The court can consider a criminal defendant’s unwillingness to submit to drug screens in determining the appropriate amount of bail. The court cannot require a defendant to answer questions under oath regarding illicit drug activity without violating the defendant’s privilege against self-incrimination. A defendant’s failure to object to a condition of release does not waive the issue, but the defendant must file a written motion in trial court before seeking appellate review of conditions set by the trial court. The trial judge is immune from civil liability for official acts within the court’s jurisdiction, so the judge would not be liable for violating the defendant’s constitutional rights by imposing drug testing as a condition of release on bail. Opinion No. 04-155 (October 13, 2004).

A court officer serving civil papers may ask a person to voluntarily identify himself, but the court officer has no authority to compel the person to comply unless the officer has reasonable suspicion that the person in engaged in criminal wrongdoing. Opinion No. 04-148 (September 7, 2004).

Any court, including a general sessions court, has the authority to withhold, withdraw or suspend the approval of a professional bondsman to make bonds in cases originating in that court. The circuit court has no power to enact a local rule prohibiting a general sessions court from suspending a bondsman. Opinion No. 04-145 (September 2, 2004).

For a violation to be found under the state criminal statute prohibiting civil rights intimidation, T.C.A. § 39-17-309(a), the intimidation must have occurred because of an individual’s race, color, ancestry, religion or national origin. For a civil cause of action under the state’s malicious harassment statute, T.C.A. § 4-21-701, the harassment must have occurred because of an individual’s race, color, ancestry, religion or national origin. Opinion No. 04-129 (August 11, 2004).

A general sessions judge is authorized to choose the school in which DUI offenders may participate. Opinion No. 04-122 (July, 26, 2004).

Even though a memorandum of understanding might not include payment of court costs as a condition of pretrial diversion, the trial court nevertheless retains authority to allocate payment of court costs to participants in pretrial diversion programs. Opinion No. 04-099 (June 24, 2004).

A general sessions court may correct opinions for clerical errors, but a general sessions court does not have authority to relieve a party from final judgment or to alter or amend its judgment to the same extent as chancery and circuit courts. Opinion No. 04-090 (May 20, 2004).

A trial judge cannot order, as part of a sentence, a defendant to make a contribution to the sheriff’s drug fund in addition to the minimum statutory fine. A defendant may agree to make such a contribution as a part of a plea agreement. Opinion No. 04-096 (May 19, 2004).

A child support expedited process referee can order a respondent incarcerated for willful contempt of court for failure to comply with a child support order if a finding is made that the respondent has the present ability to pay; the referee can also order the respondent to pay a certain amount by a certain date or report to the court to be taken into custody to be held until he shows a disposition to conform to the court’s orders. It is not necessary that the referee’s order be confirmed by the trial judge, absent an appeal, prior to the actual imposition of incarceration for failure to pay. If the respondent does not pay or appear as ordered, the referee can sign an attachment for respondent’s arrest, and upon arrest respondent can be held until he shows a disposition to follow court orders if willful contempt is found prior to incarceration. Opinion No. 04-043 (March 12, 2004).

When a defendant commits an offense as a juvenile but is not convicted until after the defendant’s eighteenth birthday, the juvenile court may only order detention in a juvenile detention facility where the defendant may only be held until his or her nineteenth birthday, at which time the jurisdiction of the juvenile court is terminated and the defendant must be released. If the offense is severe, the juvenile court may act to transfer the case to the criminal court system where the child would be dealt with as an adult. Opinion No. 04-038 (March 12, 2004).