Tennessee § 8-14-107 - Compensation.

§ 8-14-107. Compensation.

Effective July 1, 1994, the salary for district public defenders shall be an amount equal to eighty-eight percent (88%) of the salary established by law for district attorneys general. Effective July 1, 1995, the salary for district public defenders shall be an amount equal to the salary established by law for district attorneys general. On March 1, 2018, the base salary for district public defenders shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. A full-time assistant district public defender shall be compensated according to the following pay schedule: Entry level $ 49,080 after one (1) year 52,164 after two (2) years 55,248 after three (3) years 58,344 after four (4) years 61,452 after five (5) years 64,512 after six (6) years 67,596 after seven (7) years 70,704 after eight (8) years 73,812 after nine (9) years 76,872 after ten (10) years 79,968 after eleven (11) years 83,052 after twelve (12) years 86,100 after thirteen (13) years 89,184 after fourteen (14) years 92,256 after fifteen (15) years 95,328 after sixteen (16) years 98,424 after seventeen (17) years 101,220 after eighteen (18) years 103,932 after nineteen (19) years 106,548 after twenty (20) years 109,020 after twenty-one (21) years 112,620 after twenty-two (22) years 116,316 after twenty-three (23) years 120,144 after twenty-four (24) years 124,392 after twenty-five (25) years 128,616 The salary levels for assistant district public defenders shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. The executive director of the Tennessee district public defenders conference shall certify the entry level of compensation awarded to assistant district public defenders based on prior service credits. Subject to the approval of the district public defender, assistant district public defenders shall be entitled to prior service credits as follows: Any assistant district public defender who has prior experience as an assistant district public defender, an assistant district attorney general, a district public defender, a district attorney general, a criminal investigator for the district public defenders, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney who served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction or an attorney who as a commissioned officer worked as a military attorney in the field of criminal defense or criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district public defender, and subject to the approval of the executive committee of the Tennessee district public defenders conference. The executive director of the Tennessee district public defenders conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years. Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2009, through June 30, 2010, is included. Effective March 1, 2018, all full-time district investigators shall be compensated according to the following pay schedule: Entry level $ 33,852 after two (2) years 36,924 after four (4) years 39,972 after six (6) years 43,032 after eight (8) years 46,164 after ten (10) years 49,188 after twelve (12) years 52,320 after fourteen (14) years 55,332 after sixteen (16) years 58,428 after eighteen (18) years 61,512 after twenty (20) years 64,584 The salary levels for district investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. The executive director of the district public defenders conference shall certify the level of compensation awarded to district investigators based on prior service credits. Subject to the approval of the district public defender, district investigators are entitled to the same prior service credits as allowed criminal investigators for the district attorneys general in § 8-7-231, as well as relevant experience as a criminal defense investigator. If a district public defender having a vacant district investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district public defender, the appointee may, upon recommendation of the appointing district public defender, with approval of the executive committee of the district public defenders conference be compensated as an assistant district public defender as provided for in subsection (b). Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2020. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2009, through June 30, 2010, is included. Acts 1989, ch. 588, § 8; 1994, ch. 1007, §§ 1-3; 1996, ch. 610, § 4; 1999, ch. 165, §§ 2-4; 2003, ch. 355, §§ 7, 8, 14; 2004, ch. 819, § 1; 2006, ch. 969, § 1; 2007, ch. 544, § 1; 2009, ch. 531, §§ 24-26; T.C.A § 8-14-207 ; Acts 2017, ch. 461, §§ 7, 8; 2018, ch. 899, §§ 2, 3, 6; 2019, ch. 202, § 3; 2019, ch. 386, § 1; 2020, ch. 757, § 1. Code Commission Notes. This section was renumbered from § 8-14-207 to § 8-14-107 by authority of the Code Commission in 2016. Compiler's Notes. Acts 1994, ch. 1007, § 1 establishes the district public defender salary as a percentage of the district attorney general salary. Effective July 1, 1994, this amount was $71,940 per year. Acts 1994, ch. 1007, § 4 provided that no level of compensation shall be reduced by the amendments to this section by that act for any assistant district public defender or district investigator who is employed on July 1, 1994. Per Acts 1994, ch. 1011, the general appropriations act, public defenders get up to four percent extra along with all other state employees sometime after July 1, 1994. Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000 d. For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531. Amendments. The 2017 amendment added (b)(5) and (c)(6). The 2018 amendment rewrote the last sentence in (a) which read: “The annual salary shall be adjusted to reflect all salary increases provided to the district attorney general.”; and rewrote the assistant district public defender pay schedule in (a)(1) and the district investigator pay schedule in (c)(1). The 2019 amendment by ch. 202, added (b)(6). The 2019 amendment by ch. 386, in (c)(3), substituted “are” for “shall be” preceding “entitled to”, and added “, as well as relevant experience as a criminal defense investigator” at the end. The 2020 amendment added (c)(7). Effective Dates. Acts 2017, ch. 461, § 12. July 1, 2017. Acts 2018, ch. 899, § 7. May 3, 2018. Acts 2019, ch. 202, § 4. July 1, 2019. Acts 2019, ch. 386, § 2. July 1, 2019. Acts 2020, ch. 757, § 2. July 1, 2020. Attorney General Opinions. Continuation of work on criminal defense cases, OAG 94-102, 1994 Tenn. AG LEXIS 108 (9/9/94). Prior service credits, OAG 95-110, 1995 Tenn. AG LEXIS 130 (11/21/95). Assistant district public defenders, eligibility for longevity pay, OAG 96-102, 1996 Tenn. AG LEXIS 107 (7/31/96). A district public defender and the district public defenders conference may not recognize prior service credits after the initial hiring of an assistant public defender, OAG 00-075, 2000 Tenn. AG LEXIS 78 (4/17/00). The district public defender and the district public defenders conference may not recognize prior service credits after the initial hiring of an assistant public defender, OAG 00-075, 2000 Tenn. AG LEXIS 78 (4/17/00). If the district public defenders conference previously awarded certain prior service credits without the recommendation or approval of the district public defender, it would not be required to recognize other prior service credits without approval of the district public defender, OAG 00-075, 2000 Tenn. AG LEXIS 78 (4/17/00). Collateral References. Right of public defenders to join collective bargaining unit. 108 A.L.R.5th 241.