Tennessee § 16-17-101 - Establishment of city courts.

§ 16-17-101. Establishment of city courts.

In each home rule municipality that does not have a city court ordained and established by the general assembly, a city court is created to try violations of municipal ordinances. The governing body of the municipality may increase the number of divisions of the court created by this subsection (a). The governing bodies of all home-rule municipalities may also decrease the number of divisions of city courts by ordinance, but no division shall be eliminated except when a term of a city court judge expires or when a vacancy in the office of city court judge exists. [Deleted by 2019 amendment.] Acts 1972, ch. 778, § 1; T.C.A., § 16-1201; Acts 1994, ch. 712, § 1; 2003, ch. 113, § 2; 2009, ch. 128, § 1; 2019, ch. 420, § 11. Amendments. The 2009 amendment rewrote (a) which read: “(a) In all home rule municipalities, the governing bodies are authorized to establish city courts to try violations of municipal ordinances, and in those municipalities which now have city courts, the governing bodies may increase the number of divisions of same.” The 2019 amendment deleted former (c), which read: “Notwithstanding this section or any other provision of the law to the contrary, no municipality shall create a municipal court with concurrent general sessions court jurisdiction from May 12, 2003, until such time as the Tennessee judicial council, having heard the report of the committee it created to examine the issue of the proliferation of municipal courts in the state, has made a recommendation to the general assembly and the general assembly has had until the adjournment of the first session of the 103rd General Assembly to consider the issue and determine whether any legislative changes are necessary. During the second session of the 103rd General Assembly, and thereafter, any legislation on the subject of municipal courts with concurrent general sessions court jurisdiction may be considered and enacted.” Effective Dates. Acts 2009, ch. 128, § 4. May 5, 2009. Acts 2019, ch. 420, § 27. May 21, 2019. Cross-References. Home rule, Tenn. Const., art. XI, § 9. Places where supreme court to hold court, Tenn. Const., art. VI, § 2. Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Jurisdiction, § 26. Law Reviews. The Tennessee Court System — Municipal Courts (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 431. Attorney General Opinions. The term “general sessions court” cannot accurately refer to a city court, OAG 01-160 (10/25/01). Comparative Legislation. Municipal courts: Ala. Code § 12-14-1 et seq. Ark. Code § 16-17-201 et seq. Ga. O.C.G.A. § 36-32-1 et seq. Miss. Code Ann. § 21-23-1 et seq. Mo. Rev. Stat. § 478.230. Va. Code § 16.1-69.1 et seq.