Tennessee § 16-15-5001 - Classification of counties for determining compensation of judge.

§ 16-15-5001. Classification of counties for determining compensation of judge.

For the purpose of determining the compensation of a general sessions judge, the counties of this state are divided into seven (7) classes as follows: Counties having a population of more than forty-nine thousand (49,000) constitute counties of the first class; Counties having a population of more than thirty-eight thousand (38,000) but not more than forty-nine thousand (49,000) constitute counties of the second class; Counties having a population of more than thirty thousand (30,000) but not more than thirty-eight thousand (38,000) constitute counties of the third class; Counties having a population of more than twenty-four thousand (24,000) but not more than thirty thousand (30,000) constitute counties of the fourth class; Counties having a population of more than nineteen thousand (19,000) but not more than twenty-four thousand (24,000) constitute counties of the fifth class; Counties having a population of more than ten thousand (10,000) but not more than nineteen thousand (19,000) constitute counties of the sixth class; and Counties having a population of ten thousand (10,000) or less constitute counties of the seventh class. The class into which a county falls shall be determined by the 1990 federal census and any subsequent federal census or any special census conducted by the department of economic and community development. For the purpose of determining the compensation of a general sessions judge who presides over a consolidated general sessions court consisting of two (2) or more counties, the populations of all counties served by the court shall be added together, and the resultant sum shall be increased to the next higher classification for the purpose of determining the class of counties in accordance with subsection (a). Each county served by a consolidated general sessions court shall pay its proportional share of the compensation of the judge or judges of the consolidated court based on a ratio established by using the population of the county according to the latest available census compared to the population of the counties comprising the consolidated general sessions court using the latest available census. For the purposes of this subsection (c) only, the compensation of such judge shall be based on what a judge of the next higher classification is to receive on September 1, 1998. If a county is in one class as provided in this section on September 1 of the year in which a judge is elected to office, and after that date the county moves into a lower class on the basis of a subsequent federal census, the salary of the judge shall not be diminished during the time for which the judge was elected. If a county is in one class as provided in this section on September 1 of the year in which a judge is elected to office and after that date the county moves into a higher class on the basis of a subsequent census, the salary of the judge shall be determined by the higher classification for the remainder of the term for which the judge was elected and subsequent terms of office. In no instance shall a judge's salary, for a county moving into a higher classification, be less than the salary paid prior to the reclassification. Acts 1988, ch. 698, § 1; 1990, ch. 637, § 1; 1992, ch. 952, § 13; 1993, ch. 347, § 1; 1997, ch. 555, § 1; 2002, ch. 723, § 1; 2003, ch. 256, § 1. Compiler's Notes. Acts 1992, ch. 952, § 15 provided that the amendments by that act apply to all matters as to which a notice of appeal is filed from and after May 1, 1992. Acts 2002, ch. 723, § 1 amended the county classifications described in this section and eliminated Class 8 counties, effective September 1, 2006. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Attorney General Opinions. Salary of general sessions' judge in excess of statutory requirements, OAG 98-0141 (8/7/98). If a county moves into a higher classification as a result of the 2000 census, the compensation of a general sessions judge for that county should be determined based upon the higher classification for the remainder of the term for which the judge was elected; however, if a county moves into a lower classification as a result of the 2000 census, the compensation of a general sessions judge for that county should be determined based upon the county's previous classification for the remainder of the term for which the judge was elected, OAG 00-123 (8/4/00). If a county is reclassified as a Class 1 county as a result of the 2000 federal census, and if the compensation to be paid general sessions judges in Class 1 counties is less than the compensation previously received by the general sessions judge in that county as a Class 3 county, then the compensation of such judge would continue to be determined based upon the county's previous classification as a Class 3 county, OAG 00-123 (8/4/00). Any increase in compensation due to reclassification based upon the results of the 2000 federal census would take effect as of the effective date of the census, or April 1, 2000, OAG 00-123 (8/4/00).