Tennessee § 18-4-203 - Powers and duties of clerk.

§ 18-4-203. Powers and duties of clerk.

The clerk of the general sessions court has concurrent authority with the judge to issue warrants and other process and writs, other than those that the law requires to be issued only by a judicial officer, and has the authority to set the amount of bond in the absence of the judge. It is the duty of the clerk of the general sessions court to: Keep all dockets required by title 16, chapter 15; Write all minute entries required; Promptly make any and all entries necessitated by §§ 16-15-101 - 16-15-711, 18-4-201, 18-4-202, 20-12-143, and 27-5-108, and former §§ 40-118, 40-424, and 40-425 (repealed); and Notify the Tennessee bureau of investigation of final disposition of criminal proceedings against a person as soon as practicable but no later than thirty (30) days after final disposition of the criminal proceedings. In counties having a population of not less than twenty thousand seven hundred (20,700) nor more than twenty-one thousand seven hundred (21,700), the clerk of the general sessions court has authority to issue search warrants and peace warrants. Acts 1959, ch. 109, § 17; 1972, ch. 486, § 1; T.C.A., § 18-410; 2016, ch. 739, § 2. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Sections 40-118, 40-424 and 40-425, referred to in subsection (b) of this section, are now codified at §§ 40-1-109 , 40-4-117 and 40-4-118 (repealed) , respectively. Amendments. The 2016 amendment rewrote (b), which read, “It is the duty of the clerk of the general sessions court to keep all dockets required by title 16, chapter 15, to write all minute entries required and to promptly make any and all entries necessitated by §§ 16-15-101 — 16-15-711 , 18-4-201 , 18-4-202 , 20-12-143 and 27-5-108 , and former §§ 40-118, 40-424 and 40-425 (repealed).” Effective Dates. Acts 2016, ch. 739, § 3. April 7, 2016. Cross-References. Authority of clerks to issue arrest warrants, § 40-6-214 . Persons whose compensation is contingent upon issuance or nonissuance are prohibited from issuing a search warrant, an arrest warrant or mittimus, § 40-5-106 . Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, §§ 11, 12. Law Reviews. Constitutional Law — 1961 Tennessee Survey (II) (James C. Kirby, Jr.), 15 Vand. L. Rev. 847. Pleadings, Motions and Pre-Trial Procedure, 4 Mem. St. U.L. Rev. 219. The Tennessee Court System — General Sessions Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 375. Attorney General Opinions. Clerks of general sessions and circuit courts do not have authority to issue immediate, pre-trial writs of possession, OAG 01-094 (6/7/01). Cited: State ex rel. Lewis v. State, 208 Tenn. 534, 347 S.W.2d 47, 1961 Tenn. LEXIS 316 (1961); Dockery v. Dockery, 559 S.W.2d 952, 1977 Tenn. App. LEXIS 309 (Tenn. Ct. App. 1977).