§ 8-14-102 — Creation of the district public defenders office - Positions and qualifications - Elections and appointments

(a) For each judicial district, except the twentieth and thirtieth districts, the offices of district public defender, assistant district public defender and district investigator are hereby created. (b) (1) (A) The terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year. (B) A vacancy in the office of the district public defender shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place. (C) (i) Effective September 1, 2022, there is created the position of district public defender for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district public defender for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district public defenders. (ii) The district public defender of the thirty-second judicial district is entitled to three (3) assistant public defender positions, one (1) district investigator position, one (1) administrative assistant position, and two (2) secretary positions. (iii) On September 1, 2022, the district public defender is entitled to purchase such office space and other office property necessary to establish the office of the district public defender for the thirty-second judicial district. Nothing contained herein shall be construed as prohibiting such district public defender from also establishing an additional office in the thirty-second judicial district. By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district public defender for the thirty-second judicial district. (2) The district public defender of any judicial district in which assistant district public defender positions are authorized by law shall appoint suitable persons to serve as assistant district public defenders. Any assistant district public defender shall be an attorney licensed to practice law in this state. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require. (3) The district public defender of any judicial district in which district investigator positions are authorized by law shall appoint suitable persons to serve as district investigators. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require. (c) No person holding the office of district public defender pursuant to this part shall be permitted to engage in the practice of law except as the duties of such office require. No person employed as a full-time assistant district public defender or as a full-time district investigator pursuant to this part shall be permitted to engage in the practice of law except as the duties of such positions require. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of district public defender shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct. (d) (1) For each judicial district in which district public defenders are authorized, there shall be authorized the following number of assistant district public defender positions: Judicial district Assistant district public defender positions 1....................................... 6 2....................................... 6 3....................................... 6 4....................................... 5 5....................................... 3 6....................................... 16 7....................................... 3 8....................................... 4 9....................................... 3 10....................................... 5 11....................................... 10 12....................................... 4 13....................................... 5 14....................................... 3 15....................................... 4 16....................................... 5 17....................................... 4 18....................................... 4 19....................................... 6 21....................................... 4 22....................................... 5 23....................................... 4 24....................................... 4 25....................................... 5 26....................................... 5 27....................................... 3 28....................................... 3 29....................................... 3 31....................................... 1 (2) It is the legislative intent to provide additional assistant district public defender positions in both the 20th and 30th judicial districts in a manner consistent with the most current weighted caseload study. Funding for these positions shall be contingent upon specific appropriation by the general appropriations act for such positions. (e) For each district, there is authorized at least one (1) criminal investigator position and one (1) additional criminal investigator for each five (5) assistant district public defenders or majority portion of such number. (f) A district public defender may fill a full-time employee position with two (2) part-time employees. In order to implement such assignments, available funds may be reallocated or transferred, subject to overall budgetary limits. (g) There is authorized one (1) paralegal position for the sixth judicial district. (h) The number of assistant district public defender positions enumerated in this section or any other law for each specified judicial district shall be the minimum number of positions authorized in the district. Nothing in this section or any other law shall be construed to prohibit or prevent the employment of additional assistant district public defenders in a particular judicial district, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in this or any other section.

Legislative History

Amended by 2020 Tenn. Acts, ch. 530, s 4, eff. 3/10/2020. Amended by 2019 Tenn. Acts, ch. 420, s 3, eff. 5/21/2019. Acts 1989, ch. 588, § 2; 1990, ch. 751, § 5; 1990, ch. 964, § 1; 1992, ch. 965, § 1; 1993, ch. 472, § 7; 1994, ch. 904, § 1; 1995, ch. 473, § 1; 1996, ch. 1014, § 1; 1999, ch. 165, § 1; 2003 , ch. 355, § 6; 2005, ch. 25, § 1; 2006, ch. 815, § 1.