Committee approves private act to make Morgan County attorney an appointed four-year position

House Bill 1440, described by its sponsor as a “private act for Morgan County,” won committee approval April 21 and was referred to the State and Local Government committee.

Representative Butler said the bill would change the county attorney in Morgan County from an elected office to an appointed position selected by the county commission, create a four‑year term and remove the county residency requirement. “This is a private act for Morgan County,” Butler said, adding the county currently has roughly 22,000 residents and the county attorney post is vacant.

The bill’s sponsor and members described the position as effectively part time under the county’s current practice. Representative Butler said the county commission budgets about $10,000 per year for attorney services and the prior officeholder resigned to expand a private practice because of limitations on casework tied to the elected role.

Committee members asked whether the bill’s language would require the county attorney to be licensed in Tennessee. Mark Dobie of the Office of Legal Services told the panel that the phrase “licensed practicing attorney” is commonly used and, while not explicit in the bill text, would be understood to require bar admission in Tennessee. Dobie said that without Tennessee bar admission the work could otherwise constitute the unlicensed practice of law and would be regulated by the state professional board: “You correctly note that they would have to be barred here because otherwise it would be the unlicensed practice of law,” he said.

After brief discussion, the clerk recorded 11 ayes and 0 noes. The committee announced that House Bill 1440 passed and will advance to the State and Local Government committee for further consideration.

No amendments to the bill or objections were recorded in the committee transcript. The clerk’s roll and the committee’s referral were the formal actions captured in the record.