Brown v. Knox County

39 S.W.3d 585, 2000 Tenn. App. LEXIS 573
Court of Appeals of Tennessee·Decided August 25, 2000·Published·Cited by 7 cases

Opinion

OPINION

SUSANO, J.,

delivered the opinion of the court,

in which GODDARD, P.J., and FRANKS, J., joined.

This is an action seeking a declaratory judgment, injunctive relief, monetary damages, and class action certification. The plaintiff, who had earlier been convicted of driving under the influence of an intoxicant (“DUI”), contends that there is no statutory authority for imposing jail fees on individuals found guilty of violating the DUI statute, T.C.A. § 55-10-403, unless the jail fees exceed the amount of the fine imposed by the sentencing court and then only to the extent of the excess. We reject the plaintiffs interpretation of the pertinent [586] provision, T.C.A. § 55-10~-403(a)(2), and agree with the trial court’s grant of summary judgment to the defendants.

I.

In this suit, the plaintiff seeks class action certification on behalf of all individuals who have been convicted of the offense of DUI in Knox County and who have been “assessed and/or paid” both a fíne and jail fees “and [hjave not had their jail fees reduced by the fine, up to and including the total amount of the fine, where applicable.” 1 The plaintiffs complaint alleges, inter alia,2 that Knox County and the former Knox County Circuit Court Clerk, Lillian Bean — who is sued individually and in her former official capacity — have assessed and collected jail fees in violation of T.C.A. § 55-10-403(a)(2). The trial court granted the defendants summary judgment. In doing so, it relied upon an unpublished opinion of this Court, Knox County v. City of Knoxville, C/A No. 759, 1988 WL 116456 (Tenn.Ct.App. W.S., filed in Knoxville on November 2, 1988). In that case, we concluded that “a DUI offender must pay both the jailer’s fee and the fine for drunk driving in its entirety.” Id. at *2.

The plaintiff appeals, arguing that the trial court and this Court in the Knox County case erred when we interpreted T.C.A. § 55-10-403(a)(2). She presents one issue for our consideration:

Whether the chancery court erroneously interpreted T.C.A. § 55-10-403(a)(2) when it disagreed with a Tennessee Attorney General’s opinion holding that this statute requires clerks of court to reduce jail fees imposed on persons con-vieted of violating Tennessee’s DUI statute by the amount of any fíne imposed.

Since the material facts in this case are undisputed, our review focuses on the interpretation and application of various statutes. Thus, we are presented with a pure question of law. Our review is de novo on the record of the proceedings below, but there is no presumption of correctness as to the trial court’s ruling. Billington v. Crowder, 553 S.W.2d 590, 595 (Tenn.Ct.App.1977); Myint v. Allstate Ins. Co., 970 S.W.2d 920, 924 (Tenn.1998) (“Construction of a statute is a question of law which we review de novo, with no presumption of correctness.”).

II.

T.C.A. § 55-10-403(a)(2) (1998) is a part of the present comprehensive DUI statutory scheme which was first enacted by the General Assembly in 1982.3 It provides as follows:

A portion of any fine imposed upon a person for a violation of this section, up to the maximum fíne actually imposed, shall be returned to the sheriff of a county jail or to the chief administrative officer of a city jail for the purpose of reimbursing such sheriff or officer for the cost of incarcerating such person for each night such person is actually in custody for a violation of this section. Such reimbursement shall be in the same amount as is provided by § 8-26-105, and shall not in any event be less than the actual cost of maintaining such person and shall be reimbursed in the manner provided by § 8-26-106.

The plaintiff contends that this part of the Code means that all jail fees4 for DUI [587] defendants, up to the amount of the fíne, must be paid by the clerk out of the fine and not separately assessed against a DUI defendant.5 She argues that “there is no lawful authority allowing a clerk of court to impose a separate jail fee for DUI convictions unless the fee exceeds the amount of the fine imposed.”

The plaintiff relies upon an opinion of the State Attorney General interpreting T.C.A. § 55-10-403(a)(2). The Attorney General responded to the following question — “must the jail fee be paid by the clerk from the fine which is imposed by the court or may it be charged separately as part of the cost of the action?” See Op. Att’y Gen. No. U96-071 (1996). The Attorney General opined that

[sjince this statute states that the reimbursement to the sheriff or officer must come from ‘a portion of any fine imposed’, it is clear that the legislature did not intend that a separate jail fee be charged. Consequently, based upon the natural and ordinary language of the statute, the jail fee must be paid by the clerk from the fine imposed by the clerk.

Id. at 2.

III.

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Brown v. Knox County, 39 S.W.3d 585, 2000 Tenn. App. LEXIS 573 (Tenn. Ct. App. 2000).

39 S.W.3d 585 (Brown v. Knox County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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