reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 13 - REGISTERS (§§ 8-13-101 — 8-13-119) › Section 8-13-114 - Acting as entry taker

In all counties where there is no entry taker, the registers of such counties are authorized to act as such and receive remuneration as such.
Acts 1927, ch. 61, § 1; Code 1932, § 803; T.C.A. (orig. ed.), § 8-1314.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 13 - REGISTERS (§§ 8-13-101 — 8-13-119) › Section 8-13-115 - Preservation of records of entry

The books and papers of entry belonging to the office shall be kept and carefully preserved by the register.
Acts 1871, ch. 58, § 1; 1879, ch. 46, § 2; 1879, ch. 65, § 1; Shan., § 554; mod. Code 1932, § 804; T.C.A. (orig. ed.), § 8-1315.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 13 - REGISTERS (§§ 8-13-101 — 8-13-119) › Section 8-13-116 - Recording official discharge from the military with register of deeds

(a)
The register of deeds shall record the official discharge of persons who after 1915 have served as members of the United States armed forces, the United States armed forces reserve, or the United States armed forces auxiliary.
(b)
The register of deeds shall, after September 1, 2010, record the official discharge of persons who have served as members of the United States armed forces, the United States armed forces reserves, or the United States armed forces auxiliary in a bound book separate from all other documents recorded in the register of deeds office in those counties that do not store documents electronically. No other public documents shall be recorded and stored in these designated books.
(c)
The register of deeds shall keep books which originated prior to, as well as after, September 1, 2010, and which have been designated specifically for the storage of official military discharge documents in a location not accessible to the general public, so long as the books do not contain other public documents.
(d)
The register of deeds, in counties that record and store documents electronically, shall not make available to the general public any display of military discharge records and shall only provide copies of such records in compliance with §
10-7-513
.
Acts 2010 , ch. 797, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 13 - REGISTERS (§§ 8-13-101 — 8-13-119) › Section 8-13-117 - Failure to comply with entry requirements

Any register who fails strictly to comply with §§
8-13-114
- 8-13-116 commits a Class C misdemeanor.
Acts 1868-1869, ch. 40, § 7; Shan., § 557; mod. Code 1932, §806; T.C.A. (orig. ed.), § 8-1317; Acts 1989, ch. 591, § 113; 1998, ch. 1080, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 13 - REGISTERS (§§ 8-13-101 — 8-13-119) › Section 8-13-118 - Recording of military discharge documents in the office of county register

(a)
(1)
If a veteran of the United States armed forces, or any other person, personally appears and presents to the county register a military discharge for recording, before accepting the document for recording, the county register shall give to the person a written notice substantially as follows:
NOTICE
A MILITARY DISCHARGE RECORDED IN THE OFFICE OF THE COUNTY REGISTER IS NOT A CONFIDENTIAL RECORD. IT IS A PUBLIC RECORD AND THE INFORMATION CONTAINED ON THE DISCHARGE CAN BE EXAMINED BY ANYONE.
(2)
A military discharge may be recorded with all or a portion of the veteran's social security identification number redacted, but this is not required for recording. However, if the discharge is altered, the United States government may not accept it as a valid document for purposes of approving military benefits to the veteran or the veteran's family. A county register will not cause a military discharge record recorded in the office of the county register to be viewed over the Internet, except through a subscription service approved by the county register.
(3)
If, after giving the person offering the document the opportunity to read the notice described in subdivision (a)(1), the person still desires to have the military discharge recorded, the county register may record it. The register may record a military discharge received by mail without giving the notice described in subdivision (a)(1).
(b)
A county register may record a military discharge of a veteran of the United States armed forces that is received with or without the redaction of all or a portion of the veteran's social security identification number. For a military discharge to be eligible for recording, the document must be an original or a copy authenticated as a true copy by the appropriate armed service of the United States or the United States department of defense or agency thereof. Additionally, the county register may make a copy of a military discharge eligible for recording, allow the person tendering the military discharge to make redactions on the copy made by the county register, and record the copy with the redactions.
Acts 2006, ch. 643, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 13 - REGISTERS (§§ 8-13-101 — 8-13-119) › Section 8-13-119 - Qualifications for office

To qualify for the office of register, a person must be a qualified voter of the county and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for register.
Added by 2022 Tenn. Acts, ch. 809,s 4, eff. 9/1/2022.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-101 - Indigent person - Defined

For the purposes of this part, an "indigent person" is one who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney:
(1)
In any criminal prosecution or juvenile delinquency proceeding involving a possible deprivation of liberty; or
(2)
In any habeas corpus or other post-conviction proceeding.
Acts 1989, ch. 588, § 1; 1991, ch. 345, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-103 - Office expenses

The state shall provide each district public defender with suitable office space within the judicial district, together with necessary equipment and supplies and secretarial assistance. Nothing in this section shall be construed as prohibiting a county from providing another suitable office for such public defender or the public defender's personnel within the judicial district.
Acts 1989, ch. 588, § 3; 1991, ch. 345, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-104 - District public defender - Duties

(a)
The district public defender has the duty and responsibility of representing indigent persons for whom the district public defender has been appointed as counsel by the court. Either personally or through an assistant district public defender, the district public defender shall counsel with the accused and represent such accused in the trial court. If the accused is aggrieved by the judgment of the trial court imposing a sentence of imprisonment, or dismissing a habeas corpus or post-conviction petition, the district public defender shall advise such accused fully concerning rights of appellate review.
(b)
If the accused desires to appeal to an appellate court, the district public defender shall seasonably take all steps necessary to perfect the appeal, including a new trial motion when required and the filing of all essential transcripts and records with the clerk of the appellate court.
(c)
The district public defender has the duty and responsibility of handling all appeals filed by an indigent person represented in the trial courts of this state.
(d)
At such times and in such form and manner as may be directed by the chairs of the criminal justice committee of the house of representatives and the judiciary committee of the senate, each executive director of the district public defenders conference shall submit reports reflecting the number, kind, status, and disposition of all cases and proceedings.
Amended by 2021 Tenn. Acts, ch. 64, s 7, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 420, s 4, eff. 5/21/2019.
Acts 1989, ch. 588, § 4; 1990, ch. 751, §§ 1, 2; 1996, ch. 610, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-106 - Waiver of right to counsel - Writing - Procedure for acceptance

(a)
No person in this state shall be allowed to enter a plea in any criminal prosecution or other proceeding involving a possible deprivation of liberty when not represented by counsel, unless such person has in writing waived the right to the assistance of counsel.
(b)
Before a court shall accept a written waiver of the right to counsel, the court shall first advise the person in open court concerning the right to the aid of counsel in every stage of the proceedings. The court shall at the same time determine whether or not there has been a competent and intelligent waiver of such right, by inquiring into the background, experience and conduct of the person and such other matters as the court may deem appropriate. If a waiver is accepted, the court shall approve and authenticate it and file it with the papers of the cause, and if the court is one of record, the waiver shall also be entered upon its official minutes.
Acts 1989, ch. 588, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-108 - Personnel - State employees

The personnel of the public defender system shall be state employees, entitled to all state employee benefit programs.
Acts 1989, ch. 588, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-109 - Immunity of state and personnel of public defender's office

No court in this state has any power, jurisdiction or authority to entertain any suit against the state or against any public defender or any employees thereof acting in their official capacity with a view to reach the state, its treasury, funds or property, or the funds or property of any public defender or its employees for any act of negligence arising from the execution of the employee's official duties as an employee of the district public defenders conference; provided, that this shall not be construed to bar any suit against the state or an official of the state alleging any ground or seeking any relief which could be sought under a writ of habeas corpus or petition for post-conviction relief.
Acts 1989, ch. 588, § 26; 1991, ch. 345 § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-110 - Twentieth and thirtieth judicial districts - State funding

For the twentieth and thirtieth judicial districts, the state shall pay, in equal quarterly installments, to the county or metropolitan government which has a local public defender, an amount annually appropriated for that purpose. Such amount shall not be less than the amount appropriated in fiscal year 1992-1993. In addition to the amount appropriated in 1992-1993 the base level of state support on July 1, 2013, shall be adjusted to reflect the percent of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, between that figure for the calendar year 2011 and the calendar year 2012. Each succeeding July 1, a similar adjustment shall be made, based on the percent of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. The adjustment provided for in this section must not exceed the greater of five percent (5%)per annum or the percentage increase provided for the state public defender and district attorney general offices during the fiscal year for which the adjustment was made.
Amended by 2024 Tenn. Acts, ch. 1059,s 1, eff. 5/28/2024.
Amended by 2013 Tenn. Acts, ch. 286, s 1, eff. 4/25/2013.
Acts 1992, ch. 965, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-111 - Special personnel for expedition of post-conviction proceedings in capital cases

The district public defender is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period.
Acts 1993, ch. 472, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-112 - Additional assistant district public defender positions

(a)
Effective July 1, 2004, there are created eighteen (18) additional assistant district public defender positions to be designated in judicial districts as provided in this section.
(b)
(1)
The executive director of the district public defenders conference and the administrative director of the courts shall meet and prepare a report that contains the recommendations of such officials as to the specific judicial districts in which the additional assistant district public defender positions created pursuant to subsection (a) should be designated. Such report shall be prepared in consultation with the comptroller.
(2)
By October 1, 2004, the executive director of the district public defenders conference shall file the report prepared pursuant to subdivision (b)(1) with the speakers of the senate and house of representatives and chairs of the judiciary committees of the senate and house of representatives. Upon the filing of such report, the district public defenders recommended by the report to receive additional assistant positions shall be authorized to interview and employ persons to fill such positions.
(c)
As early as is practicable during the first session of the one hundred fourth general assembly, the general assembly shall consider and enact legislation that specifically designates the judicial districts in which the persons employed in the additional assistant district public defender positions created pursuant to subsection (a) will serve.
Acts 2004, ch. 821, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 1 - DISTRICT PUBLIC DEFENDERS AND INVESTIGATORS (§§ 8-14-101 — 8-14-113) › Section 8-14-113 - Direct public defender appellate division

(a)
The district public defenders conference shall establish, and the executive director shall operate, the district public defender appellate division for the purpose of representing indigent persons in direct appeals, pursuant to §
8-14-104
, to the Tennessee court of criminal appeals and the Tennessee supreme court.
(b)
The executive director, or the executive director's designee, shall be the director of the appellate division.
(c)
An assistant public defender of the appellate division must be an attorney licensed to practice law in this state. A person so employed serves at the direction of the executive director and performs such duties as the executive director may require.
(d)
(1)
The appellate division shall represent indigent persons upon appeal from the circuit or criminal courts in this state, pursuant to §
8-14-104
.
(2)
The appellate division may, however, refuse the appointments where necessary:
(A)
Due to a conflict of interest;
(B)
If the executive director determines the existing caseload cannot be increased without jeopardizing the appellate division's ability to provide effective representation; or
(C)
Where the district public defender deems it necessary for the best interests of the defendant.
(e)
(1)
In order to effectively and efficiently use the resources of the appellate division, the executive director may:
(A)
Select and employ staff attorneys to perform the duties prescribed by this section; and
(B)
Fill a full-time employee position with two (2) part-time employees.
(2)
In order to implement assignments, available funds may be reallocated or transferred, subject to overall budgetary limits.
(f)
A person employed as a full-time assistant public defender in the appellate division pursuant to this section is not permitted to engage in the practice of law except as the duties of such position requires. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the district public defender appeals division shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct.
(g)
Effective July 1, 2019, there are authorized six (6) appellate attorney positions within the appellate division.
(h)
Appellate division attorneys are to be compensated as assistant public defenders pursuant to §
8-14-107
.
Added by 2019 Tenn. Acts, ch. 428, s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 2 - DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-201 — 8-14-206) › Section 8-14-201 - Creation

(a)
There is hereby created a district public defenders conference for the state, whose membership shall consist of all district public defenders of the state whose salary is paid in whole or in part out of the state treasury. The attorney general and reporter shall be an ex officio member of the conference and act as its legal advisor.
(b)
The public defender of Shelby County and the public defender of Davidson County shall also be members of the conference.
Acts 1989, ch. 588, § 11; 1990, ch. 751, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 2 - DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-201 — 8-14-206) › Section 8-14-202 - Meetings - Purpose

Such conference shall meet annually and at other times as herein provided for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of the several members, to the end that there shall be a more prompt and efficient administration of justice in the courts of this state.
Acts 1989, ch. 588, § 12.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 2 - DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-201 — 8-14-206) › Section 8-14-203 - Duties

It is the duty of the conference to give consideration to the enactment of such laws and rules of procedure as in its judgment may be necessary to the more effective administration of justice and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly.
Acts 1989, ch. 588, § 13.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 2 - DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-201 — 8-14-206) › Section 8-14-204 - Officers - Meetings

The president of the conference may call meetings at will, upon at least ten (10) days written notice to members, and shall call at least one (1) meeting annually, such annual meeting to be at the same time as that held by the judicial conference of this state. The district public defenders conference shall elect annually a president, a vice president, secretary and such other officers as are necessary.
Acts 1989, ch. 588, § 14.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 2 - DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-201 — 8-14-206) › Section 8-14-205 - Duty to attend meetings

It is the official duty of each member of the conference to attend its meetings unless otherwise officially engaged, or for other good and sufficient reasons.
Acts 1989, ch. 588, § 15.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 2 - DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-201 — 8-14-206) › Section 8-14-206 - Expense of attending meetings - Reimbursement

Every member whose salary is paid in whole or in part by the state shall be entitled to have expenses paid for such attendance. Such expenses shall be paid upon the verified statement of such expenses by the district public defender incurring the same and shall be paid from the general fund.
Acts 1989, ch. 588, § 16.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 3 - EXECUTIVE DIRECTOR OF THE DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-301 — 8-14-308) › Section 8-14-301 - Office of executive director - Creation - Purpose

There is created the office of executive director of the district public defenders conference. The purpose of this office shall be to assist in improving the administration of justice in Tennessee by coordinating the defense efforts of the various district public defenders and by performing the duties and exercising the powers herein conferred.
Acts 1989, ch. 588, § 17; 1996, ch. 610, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 3 - EXECUTIVE DIRECTOR OF THE DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-301 — 8-14-308) › Section 8-14-302 - Office of executive director - Election - Term - Removal - Salary

(a)
The executive director of the district public defenders conference shall be elected by a simple majority of the membership of the district public defenders conference for a term of four (4) years. The election of the executive director shall be held at the annual meeting of the conference which immediately precedes July 1 of years in which presidential elections are held.
(b)
The term of office of the executive director shall begin on July 1 following the election, and shall extend through June 30 of the next year in which a presidential election is held. The executive director shall, however, be subject to removal from office by vote of a majority of the conference membership at any meeting of the conference held during the term of office of the executive director. Upon removal from office of the executive director, or upon a vacancy in the office otherwise occurring during a meeting of the conference, the conference shall elect by vote of a majority of its membership a person to fill the unexpired term of office. Should a vacancy in the office of executive director occur at any other time, the executive committee of the conference shall appoint a person to the office of executive director to serve until the next meeting of the conference, at which time the conference shall, by vote of a majority of its members, elect a person to fill the unexpired term of office of the executive director.
(c)
The executive director shall receive a salary equal to that fixed by law for a district public defender.
Acts 1989, ch. 588, § 18; 1996, ch. 610, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 3 - EXECUTIVE DIRECTOR OF THE DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-301 — 8-14-308) › Section 8-14-304 - Duties of executive director

The executive director of the district public defenders conference shall attend to such duties as may be assigned to the executive director by the district public defenders conference or the executive committee of such conference.
Amended by 2019 Tenn. Acts, ch. 420,s 5, eff. 5/21/2019.
Acts 1989, ch. 588, § 20; 1996, ch. 610, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 3 - EXECUTIVE DIRECTOR OF THE DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-301 — 8-14-308) › Section 8-14-305 - Executive director - Assistants and staff

(a)
The executive director shall, subject to the approval of the duly elected officers of the district public defenders conference, appoint a deputy executive director, a budget officer and a director and such other assistants and clerical personnel as are necessary to enable the performance of the duties of the office.
(b)
Compensation for other assistants and clerical personnel shall be fixed by the executive director with the approval of the executive committee of the district public defenders conference.
(c)
A newly elected or appointed executive director, deputy executive director, or employee licensed as an attorney is not permitted to engage in the practice of law except as the duties of such position requires. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of executive director shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional ethical conduct.
Amended by 2019 Tenn. Acts, ch. 302,Secs.s1, s2 eff. 7/1/2019.
Acts 1989, ch. 588, § 21; 1996, ch. 610, §§ 1, 2, 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 3 - EXECUTIVE DIRECTOR OF THE DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-301 — 8-14-308) › Section 8-14-306 - Executive director - Office and supplies

The executive director shall be provided with suitable office space in the supreme court building or other convenient and suitable office space and with all office equipment and supplies necessary to perform the duties of the office.
Acts 1989, ch. 588, § 22; 1996, ch. 610, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 3 - EXECUTIVE DIRECTOR OF THE DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-301 — 8-14-308) › Section 8-14-307 - Executive director and personnel - State employees

The executive director and personnel of the district public defenders conference shall be state employees, entitled to all state employee benefit programs.
Acts 1989, ch. 588, § 23; 1996, ch. 610, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 3 - EXECUTIVE DIRECTOR OF THE DISTRICT PUBLIC DEFENDERS CONFERENCE (§§ 8-14-301 — 8-14-308) › Section 8-14-308 - Submission of budget

Each year's budget for the operation of the office of executive director of the district public defenders conference shall be submitted to the criminal justice committee of the house of representatives and the judiciary committee of the senate prior to approval of the budget by the general assembly.
Amended by 2021 Tenn. Acts, ch. 64, s 8, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 15, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 40, eff. 4/19/2013.
Acts 1989, ch. 588, § 24; 1996, ch. 610, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 14 - PUBLIC DEFENDERS (§§ 8-14-101 — 8-14-401) › Part 4 - DISTRICT PUBLIC DEFENDER'S FISCAL AFFAIRS (§ 8-14-401) › Section 8-14-401 - Fiscal officer

(a)
Whereas the various district public defenders may be entitled to receive funding from various local, state and federal government sources, and private donors, and an orderly system for receiving and disbursing same is necessary, the district public defenders are hereby authorized and empowered to designate the executive director of the district public defenders conference as the fiscal officer for the judicial district served by a district public defender.
(b)
The executive director, or the executive director's designee, is hereby authorized and empowered to receive and disburse funds so received for any lawful purpose not inconsistent with this part, subject to the guidelines established by the district public defenders conference.
Acts 1991, ch. 345, § 6; 1996, ch. 610, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 15 - AUDITORS (§§ 8-15-101 — 8-15-104) › Section 8-15-101 - Employment by counties

The counties are authorized to employ accountants to audit the books of the officers and employees of the counties. Prior to any county authorizing the employment of such auditors or accountants, the county shall request and must obtain the approval of the comptroller of the treasury. The employment of such auditors or accountants is subject to the requirements of §
4-3-304
.
Acts 1917, ch. 67, § 1; Shan. Supp., § 582a1; Code 1932, § 833; T.C.A. (orig. ed.), § 8-1501; Acts 1995, ch. 179, § 14.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 15 - AUDITORS (§§ 8-15-101 — 8-15-104) › Section 8-15-102 - Employment by committee - Bond

Such auditor must be employed by a committee of not less than three (3), appointed by the county legislative body from the members of the legislative body, which committee shall require the accountant so employed to furnish bond for the faithful performance of the accountant's duties. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207,s 25, eff. 7/1/2023.
Acts 1917, ch. 67, § 2; Shan. Supp., § 582a; 2; Code 1932, § 834; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1502.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 15 - AUDITORS (§§ 8-15-101 — 8-15-104) › Section 8-15-103 - Report

The report of such auditor or accountant shall be furnished to the comptroller of the treasury and members of the county legislative body, and all citizens of the county shall have access to the report.
Acts 1917, ch. 67, § 3; Shan. Supp., § 582a3; Code 1932, § 835; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §8-1503; Acts 1995, ch. 179, § 15.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 15 - AUDITORS (§§ 8-15-101 — 8-15-104) › Section 8-15-104 - Appropriation for expenses

The county legislative body has the authority to appropriate funds out of the general fund of the county for the purpose of defraying the expenses of such audit.
Acts 1917, ch. 67, § 4; Shan. Supp., § 582a4; Code 1932, § 836; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1504.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-101 - Election - Residency requirement - Eligibility

(a)
There shall be elected by the members of the county legislative body as many notaries public as they may deem necessary. In addition to any other requirement imposed by law, a person must be a United States citizen or a legal permanent resident in order to hold the office of notary public. At the time of their election, all notaries must be residents of the county, or have their principal place of business in the county, from which they were elected. If an individual's principal place of business is in any county in the state of Tennessee, the individual is eligible for election as a notary in that county, although the individual may reside in a state other than Tennessee.
(b)
Nothing contained within §
5-5-102(c)(2)
, or any other law, shall be construed to prohibit a member of a county legislative body from also serving as a notary public; provided, that such member complies with the requirements established within this part.
(c)
In addition to any other eligibility requirements, each person applying for election as a notary public shall certify under penalty of perjury that such person:
(1)
Has never been removed from the office of notary public for official misconduct;
(2)
Has never had a notarial commission revoked or suspended by this or any other state; and
(3)
Has never been found by a court of this state or any other state to have engaged in the unauthorized practice of law.
Code 1858, § 1792 (deriv. Acts 1835-1836, ch. 11, § 1; 1851-1852, ch. 331, § 2; 1853-1854, ch. 139, § 1); Acts 1881, ch. 64, § 1; Shan., § 3194; mod. Code 1932, § 5892; Acts 1971, ch. 142, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1601; Acts 1989, ch. 334, § 1; 1993, ch. 418, § 3; 2004, ch. 854, §§ 1, 2; 2008 , ch. 834, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-102 - Approval of notaries

All notaries shall be approved by the governor. For purposes of this section, "approved" means to accept or to sanction, and does not mean to appoint.
Amended by 2014 Tenn. Acts, ch. 805,Secs.s1, s4 eff. 10/1/2014.
Code 1858, § 1793 (deriv. Acts 1835-1836, ch. 11, § 4); Shan., § 3195; Code 1932, § 5893; T.C.A. (orig. ed.), § 8-1602.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-103 - Term of office

The term of office of notaries public shall be four (4) years, such term to begin on the date of the issuance of their commissions by the governor.
Acts 1925, ch. 79, § 1; Shan. Supp., § 3195a1; Code 1932, § 5894; T.C.A. (orig. ed.), § 8-1603.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-104 - Surety bond

Every notary public, before entering upon the duties of office, shall give bond executed by a surety company authorized to do business in this state. If a notary public cannot obtain a bond executed by a surety company authorized to do business in this state, the county legislative body may approve two (2) or more good sureties in lieu of a bond from a surety company. The bond must be in the penalty amount of ten thousand dollars ($10,000), payable to this state, conditioned upon the faithful discharge of the notary's duties. The notary public shall present the executed official bond to the county clerk in the county where elected. The county clerk shall review the bond presented by the notary public for compliance with this section, and upon the clerk's satisfaction of compliance with this section, shall file the bond in the office of the county clerk. A person elected a notary public that performs an official act as a notary public prior to filing a bond as required by this section commits a Class C misdemeanor.
Amended by 2023 Tenn. Acts, ch. 207,s 24, eff. 7/1/2023.
Code 1858, § 1794 (deriv. Acts 1817, ch. 77, § 2; 1835-1836, ch. 11, § 2); Shan., § 3198, Code 1932, § 5898; Acts 1977, ch. 270, § 9; 1978, ch. 619, § 1; 1978, ch. 689, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 8-1604; Acts 1984, ch. 883, §§ 1, 2; 1993, ch. 57, § 3; 2004, ch. 854, § 3; 2007 , ch. 254, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-105 - Oath of office

A notary public shall also take and subscribe, before the county clerk or the clerk's deputy within the notary public's county, an oath to support the constitutions of this state and of the United States, and an oath that the notary will, without favor or partiality, honestly, faithfully, and diligently discharge the duties of notary public.
Code 1858, § 1795 (deriv. Acts 1835-1836, ch. 11, § 2); Acts 1911, ch. 59, §§ 1, 2; Shan., § 3199; Code 1932, § 5899; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1605.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-106 - Payment of fee - Issuance of commission

It is the duty of any person elected a notary public, who desires to qualify for such office, to pay to the county clerk of the county in which the notary resides or has principal place of business and was elected, the fee required to be paid into the office of the secretary of state for the issuance of a commission to a notary public. Thereupon, it is the duty of the county clerk to certify the notary's election to the secretary of state and forward to the latter the fee. It is the duty of the secretary of state, upon receipt of the certificate and fee, to forward such commission to the county clerk, when the same has been issued by the governor, and the county clerk shall promptly notify the person to whom such commission is issued that the same has been received in the clerk's office. The county clerk shall be entitled to a fee of seven dollars ($7.00), due with payment of the fee to the secretary of state, for the services performed according to this section.
Acts 1925, ch. 79, § 2; Shan. Supp., § 3195a2; Code 1932, § 5895; Acts 1971, ch. 142, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1606; Acts 1986, ch. 614, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-107 - Delivery of commission - Clerk's record

The county clerk shall not deliver the commission until the person elected has taken the oath and executed the bond, as required. The county clerk shall make a record of the date of the issuance and the expiration of the commission, noting the same on the bond executed by the notary public and also in the minute entry showing the notary's qualification as such notary public.
Acts 1925, ch. 79, § 3; Shan. Supp., § 3199a1; mod. Code 1932, § 5900; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1607.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-109 - Name change - Relocation of notary's residence or principal place of business to another county

If a notary public's surname changes, or if a notary public moves such notary's residence or principal place of business out of the county from which the notary was elected and commissioned to another county in Tennessee, the notary shall notify the county clerk of the county from which the notary was elected and commissioned and shall pay to such county clerk a fee of seven dollars ($7.00). The county clerk shall thereupon notify the secretary of state of the change of address or name change and forward to the secretary of state two dollars ($2.00) of the seven-dollar fee received from the notary.
Acts 1935, ch. 193, § 1; mod. C. Supp. 1950, § 5904.1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1609; Acts 1986, ch. 614, § 2; 2004, ch. 854, § 4; 2007, ch. 205, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-110 - Relocation of notary's residence or principal place of business to another state - Surrender of commission

(a)
If a notary public moves such notary's residence or principal place of business out of the state of Tennessee, such notary is no longer qualified to act as a Tennessee notary public and shall surrender such notary's commission.
(b)
It is an offense for any person who has been commissioned as a Tennessee notary public to take acknowledgements or otherwise act in an official capacity after moving out of the state of Tennessee.
(c)
A violation of this section is a Class C misdemeanor.
Acts 1935, ch. 193, § 2; C. Supp. 1950, § 5904.2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1610; Acts 2004, ch. 854, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-112 - Scope of authority - Powers - Electronic signature

(a)
A Tennessee notary public is authorized to act in any county in the state and has the power to acknowledge signatures upon personal knowledge or satisfactory proof, to administer oaths, to take depositions, to qualify parties to bills in chancery, and to take affidavits, in all cases. Furthermore, in all such cases the notary public's seal shall be affixed and the notary public shall sign such documents in ink by the notary's own hand unless otherwise provided by law.
(b)
The requirement of a notary public's signature in ink or by the notary's hand and a seal is satisfied if an electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
Amended by 2018 Tenn. Acts, ch. 931,s 3, eff. 7/1/2019.
Acts 1949, ch. 254, § 4; C. Supp. 1950, § 5914.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1613; T.C.A. §
8-16-202
; Acts 2004, ch. 854, §§ 8, 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-113 - Title of notary public for the state of Tennessee

Any notary public fulfilling the requirements of this part shall be known as a notary public for the state of Tennessee, and the official signature of such notary public shall so indicate.
Acts 1949, ch. 254, § 6; C. Supp. 1950, § 5914.6; T.C.A. (orig. ed.), § 8-1616; Acts 1994, ch. 608, § 1; T.C.A. §
8-16-205
; Acts 2004, ch. 854, §§ 9, 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-114 - Seal of notary public for the state of Tennessee - Imprinting of seal - Electronic image - Fee

(a)
The secretary of state shall prescribe and design an official seal to be used by a Tennessee notary public. The seal of office may be imprinted by a rubber or other type of stamp. Such stamp shall imprint the seal of office in any color other than black or yellow, provided the color used to imprint the seal shall be clearly legible and appear as black when photocopied on a non-color copier. Nothing in this subsection (a) shall be construed to require a notary public to procure such a rubber or other stamp or to use a particular color of ink with the stamp prior to the expiration of the notary's term of office, and all impression notary seals shall be valid for use until the end of the notary's term of office. Notwithstanding any other law or this subsection (a) to the contrary, the use of an embossed notary seal after May 12, 2003, shall not render such an acknowledgement defective. No person shall incur any civil or criminal liability for failure to imprint the seal of office in a color required by this subsection (a) nor shall any document or title imprinted with a seal of the wrong color be invalid because of such failure.
(b)
The requirement in subsection (a) of an official seal of office or stamp imprinted in color ink is satisfied by an electronically transmitted document, if the document legibly reproduces the required elements of the seal. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
(c)
Every notary public shall, at such notary's own expense, procure a seal of office, which the notary shall surrender to the county legislative body when the notary resigns, or at the expiration of such notary public's term of office, and which such notary's representatives, in case of such notary's death, shall likewise surrender, to be cancelled.
(d)
At the notary public's request, the county clerk may obtain an official seal or any part thereof for the notary public. Any county clerk providing this service may charge a fee not to exceed twenty percent (20%) of the cost of the seal or part obtained for the notary public.
Amended by 2018 Tenn. Acts, ch. 931,s 4, eff. 7/1/2019.
Acts 1953, ch. 220, § 1 (Williams, § 5914.6); T.C.A. (orig. ed.), § 8-1617; Acts 1986, ch. 814, § 1; 1991, ch. 303, § 1; 1993, ch. 418, § 4; T.C.A. §
8-16-206
; Acts 2004, ch. 854, §§ 10, 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-115 - Expiration of commission indicated on instruments

Every certificate of acknowledgement officially executed by a Tennessee notary public shall include the true date of the notary's commission expiration. Failure to include the commission expiration date shall not render void or invalidate such certificate of acknowledgement.
Acts 1925, ch. 79, §§ 5, 6; Shan. Supp., §§ 3199a3, 3199a4; Code 1932, §§ 5902, 5903; T.C.A. (orig. ed.), § 8-1621; Acts 1989, ch. 591, § 113; T.C.A. §
8-16-303
; Acts 2004, ch. 854, §§ 15, 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-116 - Receipt of instruments in evidence.

The attestations, protestations, and other instruments of publication or acknowledgment, made by any notary public under seal, shall be received in evidence.
Code 1858, § 1799 (deriv. Acts 1835-1836, ch. 11, § 5); Shan., § 3203; mod. Code 1932, § 5906; T.C.A. (orig. ed.), § 8-1622; T.C.A. §
8-16-304
; Acts 2004, ch. 854, § 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-117 - Notice of deposition of notary public.

The deposition of a notary public may be taken, whether a suit be pending or not, on ten (10) days' notice to the opposite party, if resident in the state, and forty (40) days' notice out of the state, to be read as evidence between the same parties in any suit then or afterward depending, should the notary die or leave the state before the trial.
Code 1858, § 1802 (deriv. Acts 1835-1836, ch. 11, § 7); Shan., § 3210; Code 1932, § 5912; T.C.A. (orig. ed.), § 8-1623; T.C.A. §
8-16-305
; Acts 2004, ch. 854, § 18.