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TACIR releases draft on DA staffing and municipal courts of concurrent jurisdiction; recommends per‑diem or case study approach

2214257 · February 3, 2025
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Summary

A draft report on district attorney staffing and municipal courts of concurrent jurisdiction recommends negotiating per‑diem funding arrangements for cities without agreements and calls for a weighted caseload study to determine long‑term staffing needs before statutory changes.

TACIR staff presented a draft report reviewing Assistant District Attorney (ADA) staffing implications for municipal courts of concurrent jurisdiction. The draft responds to prior legislation considered in the 113th General Assembly and examines the tension between city funding concerns and DA workload.

Staff noted there are 23 cities authorized to have municipal courts of concurrent jurisdiction (21 active) and that courts with concurrent jurisdiction do not create new cases for DAs but can create scheduling conflicts if dockets run simultaneously. The draft recommends two interim approaches: (1) where cities lack funding arrangements with a DA, negotiate per‑diem payments (as Smyrna uses) to compensate DA time; and (2) direct the state to undertake a weighted caseload study as required by statute to establish staffing needs before making statewide funding requirements.

The draft was presented for review and comment. Commissioners discussed the feasibility of per‑diem arrangements, the need to include courts with private‑act dual locations in any data collection, and data considerations for the weighted caseload study. The report does not recommend legislative imposition at this stage and suggests individualized assessments until a statewide caseload analysis can be completed.