Tennessee § 16-3-804 - Personnel — Law practice barred.

§ 16-3-804. Personnel — Law practice barred.

The administrative director of the courts shall, subject to the approval of the supreme court, appoint and fix the compensation of assistants, clerical staff, or other employees that are necessary to enable the administrative director to perform the duties of the administrative office of the courts. Neither the administrative director of the courts nor any employee of the state court system shall, during the term of office or employment, directly or indirectly engage in the practice of law in any of the courts of this state. Nothing in this subsection (b) or any other law shall be construed to prohibit personnel described in this section from providing pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to § 16-3-808 and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program. Prior to a person's employment with the administrative office of the courts, the administrative director of the courts is authorized to obtain a criminal history background check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. Background checks must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The administrative director of the courts may establish the job titles or classifications to which the requirements of this subsection (c) apply. Nothing in this subsection (c) supersedes any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position subject to licensure, approval, or certification by any state program or agency. The administrative office of the courts shall pay the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, for any costs the bureaus incur when conducting the investigations of applicants. Acts 1993, ch. 65, § 2; 2009, ch. 7, § 3; 2017, ch. 104, § 1. Compiler's Notes. Former part 8, §§ 16-3-801 — 16-3-805 (Acts 1963, ch. 86, §§ 1-5; 1965, ch. 214, § 1; T.C.A. §§ 16-325 — 16-329; Acts 1984, ch. 931, § 24; 1992, ch. 651, § 1; 1992, ch. 896, § 1) concerning the executive secretary to the supreme court, was repealed by Acts 1993, ch. 65, § 2. Amendments. The 2009 amendment added the last sentence of (b). The 2017 amendment added (c). Effective Dates. Acts 2009, ch. 7, § 4. July 1, 2009. Acts 2017, ch. 104, § 2. April 7, 2017.