Tennessee § 16-2-508 - District attorneys general — Powers and duties — Assistant district attorneys general — Criminal investigators — Other positions.

§ 16-2-508. District attorneys general — Powers and duties — Assistant district attorneys general — Criminal investigators — Other positions.

All incumbent district attorneys general shall hold office in and serve the judicial district to which they are assigned by § 16-2-506. The district attorneys general shall exercise and possess the jurisdiction, powers and duties within the judicial districts created by this part as are conferred by law upon district attorneys general. This part shall not be construed to make any reduction in the staff of any district attorney general, and any legislative act that creates assistant district attorney general, criminal investigator or other positions, or that otherwise affects or involves the office of district attorney general in a particular judicial district or attorney's district as it is presently numbered or identified is made applicable to the judicial district to which the present district attorney general is assigned by this part. Nothing in this part shall be construed as affecting a county's authority to provide staff and other resources to the district attorney general of the district in which the county is located. Except in the judicial districts comprised of the urban counties of Shelby, Davidson, Knox, Hamilton and Sullivan, the district attorney general of each judicial district shall be entitled to at least one (1) assistant district attorney general position for each trial court judge in the judicial district to which the district attorney general is assigned, as well as either one (1) additional assistant district attorney general position if the judicial district is comprised of four (4) or more counties, or two (2) additional assistant district attorney general positions if the judicial district is comprised of more than six (6) counties. If an additional trial court judge is added to a judicial district, and that district does not already have sufficient assistant district attorney general positions to satisfy the formula set out in this subsection (b), an additional assistant district attorney general position shall be created for that district upon the effective date of the creation of the new judicial position. [Deleted by 2013 amendment, effective March 20, 2013.] The district attorney general of any judicial district in which an assistant district attorney general position is created by this part shall appoint a suitable person to serve as assistant district attorney general. The person so appointed shall serve at the pleasure of the district attorney general, and shall perform the duties the district attorney general requires. Each person so appointed shall be compensated as provided for by general law. Except for the assistant district attorney general position created annually by former subsection (c) and those created when, pursuant to § 16-2-506, an additional trial court judge is elected in 1986, 1988 or 1990, the number of such assistant positions set out in § 16-2-506 shall be the total number of positions to which the corresponding district attorney general is entitled, and nothing in this section shall be construed as creating any assistant positions in excess of such number. The district attorneys general shall appoint suitable individuals to the position of criminal investigator. The individuals so appointed shall perform such duties as the district attorney general may direct, and shall serve at the pleasure of the district attorney general. In carrying out the duties of the criminal investigator's office, each of the criminal investigators shall possess the same power and authority as deputies of the county sheriffs or if the judicial district includes a metropolitan form of government then their power and authority shall include all police powers of law enforcement officers in that area metropolitan government. The compensation of such investigators shall be as provided by general law. Acts 1984, ch. 931, § 8; 1986, ch. 813, §§ 2, 3; 1989, ch. 144, § 2; 1996, ch. 996, § 2; 2013, ch. 21, § 2; 2013, ch. 68, § 3. Compiler's Notes. Acts 1986, ch. 813 created criminal investigator positions in the 1st, 5th, 15th, 17th, 19th, 23rd, 24th, 25th and 26th judicial districts. Acts 1996, ch. 996, § 2 provided that the name “executive director of the district attorneys general conference” be substituted for “executive secretary to the district attorneys general conference”. Subsection (e) refers to former subsection (c), which was deleted by Acts 2013, ch. 21, § 2, effective March 20, 2013, and which read: “(c) The district attorneys general of the judicial districts comprising the urban counties of Shelby, Davidson, Knox, Hamilton and Sullivan shall retain their present number of assistant district attorneys general, except that on September 1, 1985, and on each successive September 1 through 1990, one (1) additional assistant district attorney general position shall be created, and assigned to the urban district then having the highest ratio of population to assistant district attorneys general. On August 1, 1985, through August 1, 1990, the office of local government of the office of the comptroller of the treasury shall determine which of the five (5) urban judicial districts listed above has the highest ratio of population to assistant district attorney general positions. The office of local government shall notify the executive director of the district attorneys general conference who shall notify the district attorney general of the district with the highest ratio that effective September 1, of that year the district attorney general is entitled to employ one (1) additional assistant district attorney general.” Amendments. The 2013 amendment by ch. 21 deleted (c) which read: “The district attorneys general of the judicial districts comprising the urban counties of Shelby, Davidson, Knox, Hamilton and Sullivan shall retain their present number of assistant district attorneys general, except that on September 1, 1985, and on each successive September 1 through 1990, one (1) additional assistant district attorney general position shall be created, and assigned to the urban district then having the highest ratio of population to assistant district attorneys general. On August 1, 1985, through August 1, 1990, the office of local government of the office of the comptroller of the treasury shall determine which of the five (5) urban judicial districts listed above has the highest ratio of population to assistant district attorney general positions. The office of local government shall notify the executive director of the district attorneys general conference who shall notify the district attorney general of the district with the highest ratio that effective September 1, of that year the district attorney general is entitled to employ one (1) additional assistant district attorney general.” The 2013 amendment by ch. 68 rewrote (f) which read: “(f)(1) The district attorney general for the first, fifth, fifteenth, seventeenth, nineteenth, twenty-third, twenty-fourth, twenty-fifth and twenty-sixth districts shall appoint a suitable person to the position of criminal investigator. The person so appointed shall perform the duties that the district attorney general directs, and shall serve at the pleasure of the district attorney general.“(2) In carrying out the duties of the criminal investigator's office, each of the criminal investigators created by Acts 1986, ch. 813, shall possess the same power and authority as deputies of the county sheriffs. The compensation of the investigators shall be as provided by general law.” Effective Dates. Acts 2013, ch. 21, § 4. March 20, 2013. Acts 2013, ch. 68, § 4. July 1, 2013. Cross-References. Criminal investigators and assistant district attorneys general, compensation, title 8, ch. 7, part 2. District attorneys general, title 8, ch. 7, part 1.