Attorney General Opinions
Relating to County Government

2009 Courts

A juvenile court is authorized to collect restitution, fines and court costs from an offender over the age of 19 who committed an offense as a juvenile. A general sessions court can collect restitution, fines, and court costs even after service of sentence. There is no time limit for a juvenile court to collect court costs. A youth services officer (YSO) has no authority to verify petitions filed in juvenile court unless the YSO is a notary public. A county YSO working under the supervision of the juvenile judge could have a conflict of interest if the YSO contracts to teach classes to juvenile offenders for a private misdemeanor probation services company that supervises juvenile offenders and the YSO makes referrals to the private company. A YSO does not make referrals to agencies involving adults so the YSO could teach classes to adult offenders for the private company. A juvenile judge may issue a search warrant in a criminal investigation and then preside over a custody hearing involving the suspect who was served with the search warrant. Opinion No. 09-186 (December 14, 2009).

An person over the age of 18 but still under the jurisdiction of the juvenile court as a “child” under T.C.A. § 37-1-102(b)(4)(B) and who fails to appear under summons or other lawful process can be charged with failure to appear as an adult and be detained in the county jail as an adult pending trial. The county criminal court has jurisdiction on a failure to appear charge of an 18 year old. An 18 year old can be charged with contempt of the juvenile court as an adult. Opinion No. 09-149 (August 4, 2009).

The chief justice of the Tennessee Supreme Court does not have the authority to fill judicial vacancies. The governor fills vacancies for state court judges and the county legislative body fills vacancies for general sessions court judges. The chief justice may appoint special judges to relieve congestion or delay, or when a judge is unable to hear a case, but not to fill a vacancy. Opinion No. 09-133 (July 28, 2009).

Pending the filling of a judicial vacancy as provided by law, the chief justice of the Tennessee Supreme Court could exercise the authority granted under T.C.A. § 17-2-109 to assign a retired or regular chancellor or judge temporarily to assist in the removal of congestion or delay in the disposition of litigation in any chancery, circuit, criminal, general sessions, juvenile, probate, or appellate court in the state. Opinion No. 09-90 (May 18, 2009).

A judicial commissioner appointed to a specific term of office by the county commission cannot be removed by the general sessions court judge before the end of the term. However, a general sessions court judge may terminate a temporary or part time judicial commissioner appointed by the judge under T.C.A. § 40-1-111(a)(1)(B)(i) without the approval of the county commission. Opinion No. 09-81 (May 13, 2009).

Economic crime fees may only be assessed by a court for specified offenses and in the amounts set forth in T.C.A. § 40-3-204; proceeds from these fees may only be used for the purposes set out in T.C.A. § 40-3-202. Proceeds from judicial forfeitures may only be distributed as set out in T.C.A. § 39-11-713, and proceeds from illegal narcotic crimes are further restricted on how they may be spent. There is no statutory authority for a court to order judicial forfeiture proceeds to be treated as economic crime fees or to be commingled with such fees. Opinion No. 09-29 (March 16, 2009).