Attorney General Opinions 
Relating to County Government

2010 Courts

• The birth of a child with illegal drugs in his system triggers mandatory child-abuse reporting requirements, so a juvenile court official, upon receipt of a petition alleging child abuse or neglect based on the child’s testing positive for illegal drugs at birth, may (but is not required to) provide a copy of the petition to the district attorney for evaluation for criminal prosecution.  This does not satisfy the court’s obligation to issue a summons or warrant if there is reasonable cause to believe child abuse has occurred.  Opinion No. 10-124 (December 30, 2010).

• Under T.C.A. §§ 8-8-201, 16-15-715, and 37-1-213, the sheriff of each county is required to furnish bailiffs, marshals, or other court officers to provide security for the courts in that county, and these court officers may carry their weapon in a courtroom while in the discharge of their official duties.  Except in Davidson County, trial judges are not authorized to appoint their own court officers.  Deputy sheriffs who serve as court officers are required to obtain peace-officer certification from the Peace Officer Standards and Training (POST) Commission, and deputies who are newly assigned to courts are required to complete forty hours of POST-approved basic training in courtroom security and sixteen hours of annual continuing education; a surety bond is not required.  Opinion No. 10-77 (June 1, 2010).

• When the court appoints an interpreter for an indigent criminal defendant, the reasonable cost for the services may be assessed against the indigent defense fund. Depending on the circumstances, the interpreter may submit a claim for compensation directly to the Administrative Office of the Courts (AOC) or the county may submit a claim to the AOC pursuant to an agreement between the county and the AOC.  Opinion No. 10-64 (May 6, 2010).