Tennessee § 16-15-5003 - Base salaries — Annual supplement — Restrictions on adding jurisdiction — Annual adjustment — Construction.

§ 16-15-5003. Base salaries — Annual supplement — Restrictions on adding jurisdiction — Annual adjustment — Construction.

The annual base salaries for general sessions judges shall be as follows: Counties of the first class $70,000 Counties of the second class 50,000 Counties of the third class 40,000 Counties of the fourth class 32,000 Counties of the fifth class 26,000 Counties of the sixth class 22,000 Counties of the seventh class 20,000 In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 2 or 3 county has or by operation of law obtains any of the following additional jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below: Juvenile jurisdiction $20,000 Probate 10,000 Domestic relations 10,000 Workers' compensation 10,000 Regardless of the kind or amount of additional jurisdiction a Class 2 judge may have, the judge shall not receive annual supplements in excess of twenty thousand dollars ($20,000). Regardless of the kind or amount of additional jurisdiction a Class 3 judge may have, the judge shall not receive annual supplements in excess of forty thousand dollars ($40,000). In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 4, 5 or 6 county has or by operation of law obtains any of the following additional jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below: Juvenile jurisdiction $10,000 Probate 5,000 Domestic relations 5,000 Workers' compensation 5,000 Mental health commitments 10,000 Regardless of the kind or amount of additional jurisdiction a Class 4, 5 or 6 judge may have, the judge shall not receive annual supplements in excess of twenty thousand dollars ($20,000). Upon adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body, in addition to the base salary and additional supplements stated in subsections (a) and (c), any Class 4, 5 or 6 judge who is required to exercise the duties and powers set forth in title 33, chapter 6, part 4 regarding the emergency custody and hospitalization of persons believed to be mentally ill, due to a mental hospital or treatment source being located in the county where the judge presides, the judge shall receive an additional annual supplement of five thousand dollars ($5,000), which may be in excess of the twenty thousand dollars ($20,000) limitation on supplements set forth in subdivision (c)(2). In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 7 county has or by operation of law obtains any of the following jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below: Juvenile jurisdiction $7,500 Probate 2,500 Domestic relations 2,500 Workers' compensation 2,500 Regardless of the kind or amount of additional jurisdiction a Class 7 judge may have, the judge shall not receive annual supplements in excess of ten thousand dollars ($10,000). On July 1, 1991, the base salaries established by this section shall be adjusted in accordance with subdivision (e)(2) to reflect the percentage of change in the average consumer price index (all items — city average) as published by the United States department of labor, bureau of labor statistics, between calendar year 1989 and calendar year 1990. Each succeeding July 1, a similar adjustment shall be made upon the percentage of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between the two (2) successive calendar years. For each two percent (2%) increase in the average consumer price index between two (2) successive calendar years, the base salaries shall be adjusted by one percent (1%). No annual adjustment shall exceed four percent (4%) regardless of the increase in the average consumer price index between any two (2) successive calendar years. Annual adjustments shall be made upon the base salary set out in subsection (a) and the adjustment shall not include any supplement that may be received pursuant to subsection (b) or (c). The compensation, supplement and annual adjustment provisions of this section are to be construed as minimum levels. Nothing in this part shall be construed as prohibiting a county, by private act, from compensating its general sessions judge or judges at levels in excess of what is required by this part. Any private or public act in effect on September 1, 1990, that provides greater compensation for a general sessions judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this part, and the base salary of the judge shall be the salary paid to the holder of that office on August 31, 1990, pursuant to such public or private act, plus a percentage increase equivalent to the same percentage increase given by subsection (a) to a judge of a Class 6 county. Nothing in this part shall prevent a county from establishing and funding the position of part-time general sessions judge in a county with a full-time general sessions judge. Notwithstanding any provision of law or this part to the contrary, no judge of a general sessions court shall be paid a salary that is greater than the salary paid to a judge of a circuit court. Effective September 1, 1998, the annual salary for a general sessions court judge shall be increased over the annual compensation and supplements and annual adjustments that each judge actually received as of August 31, 1998, by the lesser of: Ten thousand dollars ($10,000); or Twenty percent (20%) of the annual compensation and supplements and annual adjustments as of August 31, 1998. Notwithstanding any other provision of law to the contrary, each full-time general sessions court judge in a county shall receive the same compensation as the most highly compensated general sessions court judge in that county if the judges have the same jurisdiction. Instead of the annual adjustments authorized in subsection (e), on July 1, 1999, and each succeeding July 1, the base salaries as adjusted annually and supplements as adjusted annually established by this section shall be adjusted in accordance with § 8-23-103. The compensation, supplement and annual adjustment provisions of this section are to be construed as minimum levels. The compensation schedule established by this part is a comprehensive plan, and no salary supplement in excess of the supplements provided by this part shall be available to a general sessions judge unless expressly provided and funded by a private act. Notwithstanding any law to the contrary, a judge of a court of general sessions may not be paid compensation based on both this part and the compensation provisions in a private act. Nothing in this part shall be construed as prohibiting a county, by private act, from compensating its general sessions judge or judges at levels in excess of what is required by this part. Any private or public act in effect on September 1, 1998, that provides greater compensation for a general sessions judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this part, and the base salary of the judge shall be the salary paid to the holder of that office on August 31, 1998, pursuant to the public or private act plus a percentage increase equivalent to the same percentage increase given by subdivision (h)(1) to a judge of a Class 6 county determined as of August 31, 1998. Notwithstanding any law or public chapter to the contrary, effective September 1, 2006, the annual salary for a general sessions court judge who is compensated under this section shall be increased over the annual compensation and supplements and annual adjustments that each judge actually received as of August 31, 2006, by the lesser of: Ten thousand dollars ($10,000); or Twenty percent (20%) of the annual compensation and supplements and annual adjustments as of August 31, 2006. A judge of a general sessions court may not be paid compensation based on both this part and the compensation provisions of a private act. Notwithstanding any provision of this subsection (i) to the contrary, each general sessions court judge in a Class 1 county who is compensated under this section shall receive the same compensation as the most highly compensated general sessions court judge in a Class 1 county who is compensated under this section. Notwithstanding any provision of this subsection (i) to the contrary, each general sessions court judge in a Class 2-7 county who is compensated under this section and who receives the maximum amount of annual supplements shall receive the same compensation as the most highly compensated general sessions court judge in the same county classification who is compensated under this section. All other general sessions court judges in Class 2-7 counties who are compensated under this section shall receive the same compensation as the most highly compensated general sessions court judge in the same county classification with the same jurisdiction who is compensated under this section; provided, however, that no judge shall be paid a salary that reflects jurisdictional supplements that the judge is not entitled to exercise by law. Instead of the annual adjustments authorized in subsection (e), on July 1, 2007, and each succeeding July 1, the annual compensation and supplements and annual adjustments established under this section shall be adjusted in accordance with § 8-23-103. Nothing in this part shall be construed as prohibiting a county, by public or private act, from compensating its general sessions court judge or judges at levels in excess of what is required by this section. Any public or private act in effect on September 1, 2006, that provides greater compensation for a general sessions court judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this section. Notwithstanding any provision of this subsection (i) to the contrary, a general sessions court judge in a Class 6 county who receives no supplements and who is compensated under the provisions of a private or public act and not under this section shall receive the same increase provided in subdivision (i)(1). On or before July 15, 2006, each general sessions court judge shall certify to the administrative office of the courts (AOC) the total amount of the judge's actual compensation as of August 31, 2006, the jurisdictions exercised by the judge, the legal basis for exercising the jurisdiction, and whether the judge is compensated under this section or under a public or private act. Included in the information submitted by the judge to the AOC shall be a certification of the county's chief financial officer of the actual compensation of the judge as of August 31, 2006, or other verifiable proof of the judge's actual compensation. When all judges have certified the required information to the AOC, the AOC shall report to each general sessions court judge the amount of compensation to be paid to the general sessions court judge beginning on September 1, 2006, based on the information provided by the judge. Thereafter, when a new court is created, a new judge takes office or any similar change occurs, or upon the completion of a new federal census, the administrative office of the courts shall report the amount of compensation to be paid to any judge affected by the change. The judges of the general sessions court in any county with a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, and that has a charter form of government shall receive the same annual compensation as the general sessions judges in those counties with a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. No general sessions judge who engages in the private practice of law shall receive any increase in salary pursuant to this subsection (i), if the judge is prohibited by law from engaging in private practice. Notwithstanding any provision of law or this part to the contrary, no judge of a general sessions court shall be paid a salary which is greater than the salary paid to a judge of a circuit court. In addition to the base salary provided by this section, a judge of the general sessions court in any county with a population of not less than eighteen thousand three hundred one (18,301) nor more than eighteen thousand four hundred (18,400), according to the 2010 federal census or any subsequent federal census, shall receive an additional twenty thousand dollars ($20,000) in salary upon adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body approving the increased salary and if such position is full time. Acts 1988, ch. 698, § 3; 1990, ch. 637, § 2; 1997, ch. 555, §§ 2, 5; 1998, ch. 1131, § 1; 2000, ch. 947, § 8A; 2002, ch. 723, §§ 2, 3; 2005, ch. 324, § 1; 2006, ch. 957, §§ 1, 2; 2018, ch. 921, § 1. Code Commission Notes. For the fiscal year county officials salary schedule, see the County Technical Assistance Service web site at http:// www.ctas.tennessee.edu. Compiler's Notes. Acts 2005, ch. 324, § 1 purported to amend subdivision (a)(1), effective September 1, 2006. Acts 2006, ch. 957, § 2 repealed Acts 2005, ch. 324. The amendment by ch. 324, if it had taken effect, would have amended subdivision (a)(1) to read: “Effective September 1, 2006, general sessions judges in counties of the first class shall be paid a salary equivalent to ninety-seven and one-half percent (97.5%) of the salary paid to a circuit court judge.” For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2018 amendment added (k). Effective Dates. Acts 2018, ch. 921, § 3. May 1, 2018. Attorney General Opinions. Coffee County general sessions judge entitled to annual supplement, OAG 94-004 (1/11/94). Salary supplements for juvenile court jurisdiction, OAG 94-044 (4/4/94). Nonlawyer judges, eligibility, OAG 94-84 (8/5/94). Compensation of juvenile court referee in mental health commitment proceedings, OAG 94-121 (10/10/94). Applicability to municipal judges, OAG 98-013 (1/9/98). Salary of general sessions' judge in excess of statutory requirements, OAG 98-0141 (8/7/98). In determining an increase in salary under T.C.A. § 16-15-5003(i)(1) (now T.C.A. § 16-15-5003(h)(1) ) the base amount is the annual compensation (with supplements and annual adjustments) a judge actually received as of August 31, 1998; thus, under applicable private and public acts, the base salary is the higher of $ 36,730, the salary payable to a general county officer in a county of the sixth class, or the sum of $ 20,000 plus required cost-of-living adjustments, plus a $ 10,000 supplement for juvenile and domestic relations jurisdiction, OAG 00-165 (12/20/00). The current salary for a Class 7 general sessions judge who exercised juvenile and domestic relations jurisdictions was the base salary, with annual adjustments, and jurisdictional supplements, increased as required under T.C.A. § 16-15-5003(i)(1) (now T.C.A. § 16-15-5003(h)(1) ), which provided for an increase of $ 10,000 or 20 percent, whichever was less, of the salary the judge actually received on August 31, 1998, plus annual adjustments on the entire amount to reflect changes in the consumer price index, OAG 00-190 (12/20/00). An increase in salary resulting from a change in the class of the county is payable as of the effective date of a census, OAG 00-190 (12/20/00). A county which was a second class county under the 1990 census and which becomes a first class county under the 2000 census should determine the compensation of its general sessions judge in the following manner: (1) The new base salary should be $ 70,000, plus all cost of living adjustments required for that salary from July 1, 1990, to July 1, 1998; (2) To this figure should be added the actual one-time increase made to the general sessions judge's salary effective September 1, 1998; (3) To this figure should be added the cost of living adjustments required for that salary on July 1, 1999, and July 1, 2000; and (4) The total salary may not be higher than the salary paid to a judge of a circuit court, OAG 01-024 (2/15/01). For the remainder of the judge's original term, the salary of the general sessions judge in a first class county who took office in 1996 for the remainder of a term that began in 1990 was determined as follows: (1) A base salary of $ 70,000 salary, plus annual adjustments to the base; (2) As of 1996, this figure included all of the annual adjustments made through July 1, 1995, for that salary due before July 1, 1996, and all the annual adjustments made through July 1, 1996, for the salary due thereafter; and (3) Annual adjustments would then be added the subsequent July 1, 1997, and July 1, 1998, OAG 01-029 (3/5/01). For a new term beginning in 1998, the salary of the general sessions judge in a first class county who took office in 1996 for the remainder of a term that began in 1990 was determined as follows: (1) A $ 70,000 base salary, plus all annual adjustments due until July 1, 1998; and (2) To this sum was added the one-time increase of $ 10,000 effective September 1, 1998, OAG 01-029 (3/5/01). Excluding jurisdictional supplements from the salary for judges in counties that have moved into counties of the first class as a result of the 2000 census does not violate legislative intent that judges in the same class counties with the same jurisdictions be paid equal salaries, OAG 01-107 (6/29/01). The equal protection clause of U.S. Const. Amend. XIV, § 1 is not violated by the calculation of salaries of different general sessions judges exercising the same jurisdiction in counties of the first class in different manners, i.e, by judges who were receiving supplements under former T.C.A. § 16-15-205 and Opinion 94-44 and who were reelected to office receiving a salary that continues to reflect those supplements, while judges in counties that moved into the first class as a result of the 2000 census receiving a salary that does not reflect those supplements, OAG 01-107 (6/29/01). Where a judge in a county of the sixth class received an increase equal to 20 percent of the salary the judge was actually receiving as of August 31, 1998, and that county, under the 2000 census results, becomes a county of the fifth class, the judge's salary from 2000 on should not include an increase equal to 20 percent of the salary that judge would have been receiving if the county had been in the fifth class as of August 31, 1998, OAG 01-108 (6/29/01). Where the increase in the consumer price index during a year was three percent, a judge is entitled to an adjustment of one percent, rather than one and one-half percent, as T.C.A. § 16-15-5003 provides that an adjustment will be made to reflect two percent incremental changes, OAG 01-108 (6/29/01). Where, under the results of the 2000 census, a county became a county in the first class for purposes of calculating its general sessions judge's salary, the judge's new salary would be the $ 70,000 base for class one judges, increased by cost of living increases payable under T.C.A. 16-15-5003(f) (now T.C.A. § 16-15-5003(e) ) to July 30, 1998, plus $ 10,000 or 20 percent of the salary the judge was actually receiving as of August 31, 1998, whichever was greater, OAG 01-109 (7/6/01). The equal protection clauses of the Tennessee and United States Constitution are not violated to the extent that T.C.A. § 16-15-5003 provides for different salaries for judges in counties of the first class who exercise the same jurisdiction since the discrepancies provided for by the statute are rationally related to a legitimate state interest in retaining experienced judges, OAG 01-110 (7/6/01). To the extent that the statute provides for different salaries for judges in counties of the first class who exercise the same jurisdiction, the statute is not internally inconsistent or contradictory as it provides that differently situated judges in counties of the first class will receive different salary levels, OAG 01-110 (7/6/01). In a county which was a sixth class county under the 1990 census and which becomes a fifth class county under the 2000 census, the new salary for its general sessions judge is the base salary for a judge in a county of the fifth class, plus cost-of-living increases to the base under T.C.A. 16-15-5003(f) (now T.C.A. § 16-15-5003(e) ), plus the increase the judge actually received on September 1, 1998, and applicable jurisdictional supplements for a judge in a county of the fifth class, plus cost-of-living increases under T.C.A. 16-15-5003(i)(3) (now T.C.A. § 16-15-5003(h)(3) ),OAG 01-122 (8/7/01). Cited: Tenn. Div. of the United Daughters of the Confederacy v. Vanderbilt Univ., 174 S.W.3d 98, 2005 Tenn. App. LEXIS 272 (Tenn. Ct. App. 2005).