Tennessee § 8-10-108 - Oath of office.

§ 8-10-108. Oath of office.

Except as provided in subsection (b), every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable. In counties having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,500 11,511 11,512 11,550 11,700 11,900 12,060 12,500 12,550 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 19,130 19,140 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 28,825 28,827 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable. The oath of office may be administered to the constable by any judge of the court of general sessions or other judicial officer of the constable's county. Notwithstanding any other law or interpretation thereof to the contrary, the constables in counties having a population of not less than thirteen thousand five hundred sixty-five (13,565) nor more than thirteen thousand six hundred (13,600), according to the 1980 federal census or any subsequent federal census, shall continue to be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201. Notwithstanding any other law to the contrary, the constables in counties having a population of not less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen thousand five hundred seventy-five (17,575), according to the 2000 federal census or any subsequent federal census, shall be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201. Code 1858, §§ 388, 389 (deriv. Acts 1741, ch. 5, §§ 2, 6); Shan., §§ 479, 480; Code 1932, §§ 726, 727; Acts 1969, ch. 160, § 1; 1969, ch. 319, §§ 2, 4; 1970, ch. 383, § 1; 1970, ch. 384, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, § 2; 1971, ch. 231, § 1; 1972, ch. 472, § 1; 1973, ch. 197, § 1; 1973, ch. 382, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1008; Acts 1982, ch. 881, § 1; 1983, ch. 339, § 1; 1987, ch. 59, § 1; 1991, ch. 9, § 3; 1992, ch. 973, § 2; Private Acts 1994, ch. 191, § 1; Acts 1996, ch. 553, § 2; 1996, ch. 675, § 11; 1996, ch. 753, § 1; 2004, ch. 450, § 2. Compiler's Notes. Acts 1983, ch. 339, § 3 provided that the amendment by that act would have no effect unless approved by a two-thirds vote of the county legislative body of any county to which it applied and that its approval or nonapproval should be proclaimed by the presiding officer of the county and certified by the presiding to the secretary of state. The amendment was approved July 9, 1983. Acts 1987, ch. 59, adding (d), requiring a referendum to become effective, was approved in a referendum on April 27, 1987. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 1996, ch. 693, § 1 deleted provisions of former § 57-5-202 which granted enforcement authority under title 57, chapter 5, to constables. Acts 1996, ch. 753, § 6 abolishes the office of constable, effective in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census, upon adoption of a resolution by July 15, 1996, by a two-thirds (2/3) vote of the county legislative body of such county. The section as set out above reflects the amendment by ch. 753. Cross-References. Abolition of office of constable in Class 2 counties, § 8-10-101 . Filing oath of office, §§ 8-18-109 — 8-18-114 . Attorney General Opinions. Authority of Morgan County constables to carry guns, OAG 93-62, 1993 Tenn. AG LEXIS 62 (10/20/93). Loudon county constables, OAG 94-95, 1994 Tenn. AG LEXIS 96 (8/30/94). Overton County constables not law enforcement officers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99). Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99). Constable serving as part-time town policeman, OAG 99-095, 1999 Tenn. AG LEXIS 95 (4/26/99). Law enforcement powers of Bradley County constables, OAG 99-129, 1999 Tenn. AG LEXIS 124 (6/29/99). Franklin County constables, OAG 00-050, 2000 Tenn. AG LEXIS 50 (3/20/00). A constable of a county that falls within population brackets set out in T.C.A. § 8-10-108(b) is “a conservator of the peace with all the power and authority belonging to the office of constable by common law,” including law enforcement powers, OAG 02-094, 2002 Tenn. AG LEXIS 100 (8/28/02). A constable with law enforcement powers is not a “neutral and detached” magistrate qualified to issue criminal arrest and search warrants; therefore, serving as constable directly interferes with an individual's ability to carry out the duties of the office of judicial commissioner, OAG 02-109, 2002 Tenn. AG LEXIS 114 (10/02/02). Escorting a funeral, for hire, is not a law enforcement purpose; however, there is no statutory prohibition against a constable escorting funerals for a private party on his or her own time, if such activity does not interfere with the constable's performance of his or her official duties, OAG 02-116, 2002 Tenn. AG LEXIS 121 (10/18/02). If a constable is escorting a funeral for a private party, he or she should take care not to convey the impression that the service is being performed in an official capacity; thus, the constable should not perform such services while in uniform or driving an official car using red or blue flashing lights and/or a siren, OAG 02-116, 2002 Tenn. AG LEXIS 121 (10/18/02).