Tennessee § 8-10-110 Administrative leave during criminal prosecution - Criminal contempt - Conviction

Tennessee Statutes

§ 8-10-110 — Administrative leave during criminal prosecution - Criminal contempt - Conviction

(a)(1) If a constable elected under this part is indicted or formally charged with a misdemeanor involving gambling or moral turpitude, or a felony, then the court with jurisdiction over the criminal offense shall place the constable on administrative leave by issuing an ex parte order placing such constable on administrative leave pending a preliminary hearing.

(2)Once a constable is placed on administrative leave pursuant to subdivision (a)(1), the court shall conduct a preliminary hearing, pursuant to Rule 5 of the Tennessee Rules of Criminal Procedure, to determine whether probable cause exists to establish that the constable committed a misdemeanor involving gambling or moral turpitude, or a felony. If the court finds probable cause exists, then the court shall enter an order placin

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(a) (1) If a constable elected under this part is indicted or formally charged with a misdemeanor involving gambling or moral turpitude, or a felony, then the court with jurisdiction over the criminal offense shall place the constable on administrative leave by issuing an ex parte order placing such constable on administrative leave pending a preliminary hearing. (2) Once a constable is placed on administrative leave pursuant to subdivision (a)(1), the court shall conduct a preliminary hearing, pursuant to Rule 5 of the Tennessee Rules of Criminal Procedure, to determine whether probable cause exists to establish that the constable committed a misdemeanor involving gambling or moral turpitude, or a felony. If the court finds probable cause exists, then the court shall enter an order placing the constable on administrative leave until the conclusion of the criminal prosecution. If the court does not find that probable cause exists, then the court shall enter an order terminating the administrative leave of the constable. (b) The court may hold a constable who does not comply with an order issued under subsection (a) in criminal contempt of court, pursuant to § 29-9-103 . (c) (1) If a constable is placed on administrative leave under subsection (a), the clerk of court shall mail a copy of the court's order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary. (2) If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk of court shall mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought pursuant to chapter 47 of this title.

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