Private Acts of 1807 Chapter 74

SECTION 1. That the Juvenile Court of Anderson County, Tennessee, is hereby created, and the jurisdiction of the County Court of Anderson County, Tennessee, insofar as it pertains to juveniles, is removed from said County Court and is conferred on the Juvenile Court of Anderson County, Tennessee.

SECTION 2. That the Juvenile Court of Anderson County, Tennessee, shall have the authority and jurisdiction to hear and adjudicate all cases involving juveniles, as is provided for in Sections 37-242 through 37-274, Sections 36-223 through 36-236, Sections 37-301 through 37-314, and Sections 37-101 through 37-108 of the Tennessee Code Annotated, and any and all other sections of the Tennessee Code Annotated, and any amendments thereto, pertaining to Juveniles.

SECTION 3. That the procedures relating to the hearing of juvenile matters in the Juvenile Court of Anderson County, including any appeal therefrom, shall be in accordance with the provisions of the Tennessee Code Annotated, and any amendments thereto, governing the hearing of juvenile matters and appeal therefrom.

SECTION 4. That the Judge of the Juvenile Court of Anderson County, Tennessee, is hereby empowered to seek the advice and guidance of the Anderson County Juvenile Commission and to use the facilities of said Commission in administering the duties of his office and in establishing the procedures and regulations of said Court.

SECTION 5. That the Judge of the Juvenile Court of Anderson County, Tennessee, is empowered to promulgate rules to regulate the times and places the Juvenile Court of Anderson County, Tennessee, shall sit; and said Court shall be separate from any other court in facilities and administration.

SECTION 6. (a) Upon this act becoming effective as provided in Section 3 of this act, the legislative body of Anderson County shall appoint a juvenile court judge of the Anderson County Juvenile Court to hold office beginning July 1, 1991 until September 1, 1992 and until his successor is elected and qualified.

(b) At the regular August general election in 1992, the qualified voters of Anderson County shall elect a person to serve as juvenile court judge of the Anderson County juvenile court until a successor is elected and qualified at the regular August election in 1998. At the regular August general election in 1998 and every eight (8) years thereafter, the qualified voters of Anderson County shall elect a person to serve as judge of the Anderson County juvenile court for a term of eight (8) years to begin September 1 of that same year. Such judge shall be licensed to practice law in this state and shall possess all of the other qualifications required by law for judges of inferior courts. The judge shall take and subscribe to the same oath of office as that prescribed for judges of the circuit courts and shall have all of the jurisdiction, powers, duties and authorities relating to juveniles as is conferred by Tennessee Code Annotated, Title 37, or any other general law. In the event the office of juvenile court judge shall become vacant for any reason before the expiration of the term of office or before a successor is elected and qualified, such vacancy shall be filled by the legislative body of Anderson County.

(c) Effective September 1, 2006, the annual salary for the position of Anderson County Juvenile Court Judge shall be increased by fifteen thousand dollars ($15,000) from the amount the judge occupying such position received on August 31, 2006. The salary shall be increased by such amount in the first and each subsequent fiscal year until the annual salary for the position is equivalent to the annual salary established for the position of Anderson County General Sessions Court Judge. The final year of adjustment shall be in an amount necessary to make the salary of the juvenile court judge the same as that of the General Sessions Judge. After the annual salary for the juvenile judge position has been made equivalent to the position of General sessions Judge, the annual salaries for the two positions shall thereafter remain equal and subject to the annual salary provisions established by Tennessee Code Annotated, Section 16-15-5003. The Anderson County Juvenile Judge’s salary shall be adjusted from time to time according to the dictates of Tennessee Code Annotated, Section 16-15-5003.

(d) When a juvenile court judge for Anderson County has been selected, qualified and sworn pursuant to the provisions of this act, the judge of the trial justice court shall be divested of all jurisdiction and authority conferred upon the juvenile court judge by this act and all such juvenile cases, except those which are in progress or which have been heard and taken under advisement, shall be transferred to the juvenile court judge upon taking office. Provided, however, to expedite the disposition of such cases and prevent caseload imbalance, the judge of the Anderson County juvenile court and the judge of the trial justice court may sit in either court by interchange when such judges deem it appropriate and necessary.

SECTION 7. That the term of the Juvenile Judge of Anderson County, Tennessee, shall run concurrently with the term of the Judge of the Trial Justice Court of Anderson County, Tennessee.

SECTION 8. (a) The duly elected Circuit Court Clerk shall be the clerk of the Anderson County Juvenile Court and shall assign no less than one (1) deputy clerk approved by the judge of the Juvenile Court to perform the clerical functions for the Juvenile Court of Anderson County, Tennessee.

(b) The clerk of the Juvenile Court shall receive fees of the office and shall pay out such sums as necessary for deputy clerks or other authorized expenses in the manner provided in Tennessee Code Annotated.

(c) There shall also be a secretary-receptionist for the Juvenile Court of Anderson County who may assist with clerical duties and who shall be appointed by and serve at the pleasure of the Juvenile Court Judge and shall be compensated directly from the Anderson County general fund.

SECTION 9. That all the records of the County Court of Anderson County, Tennessee, relating to juveniles shall be transferred to the Juvenile Court of Anderson County, Tennessee, herein created, and said records shall be kept and maintained by the Clerk of the Juvenile Court of Anderson County, Tennessee, separate and apart in confidential files as is provided by the Tennessee Code Annotated relating to juvenile courts.

SECTION 10. [Deleted by Private Acts of 1991, Chapter 50].

SECTION 11. That this Act shall have no effect unless the same shall have been approved by a two-thirds (2/3rds) vote of the Quarterly County Court for Anderson County, Tennessee, on or before the first day of May 1961, and after its approval whenever the same shall occur prior to the first day of May 1961, this Act shall take effect July 1, 1961, the public welfare requiring it. The approval or lack of approval by the first day of May 1961, of this Act shall be proclaimed by the presiding officer of the Quarterly County Court for Anderson County, Tennessee, and shall be certified by said officer to the Secretary of State as promptly as is reasonably possible.

SECTION 12. That the Legislature expressly declares that each section, subsection, paragraph, and clause of this Act is severable, and that should any portion of this Act be held unconstitutional or invalid, the same shall not affect the remainder of this Act, but such unconstitutional or invalid portions shall be elided, and the Legislature declares that it would have enacted this Act with such unconstitutional or invalid portions elided therefrom.

Passed: February 8, 1961.