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TACIR releases draft on DA staffing and municipal courts of concurrent jurisdiction, suggests per‑diem interim approach

2214257 · February 3, 2025
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Summary

A TACIR draft report examined district attorney staffing impacts from municipal courts of concurrent jurisdiction and recommended a per‑diem funding approach in the short term pending a weighted caseload study to determine staffing needs.

TACIR staff presented a draft report reviewing how municipal courts of concurrent jurisdiction affect district attorney (DA) staffing and options for addressing potential staffing strains.

The draft, prompted by last year’s bills concerning DA staffing (SB 205 / HB 2205), explains municipal courts of concurrent jurisdiction have the same criminal jurisdiction as general sessions courts and 21 Tennessee cities operate such courts. Staff noted that these courts do not create new cases overall — absent concurrent jurisdiction, cases would be heard in county general sessions courts — but they can strain DA staff if dockets overlap in time and place.

The report recommends against a one‑size legislative mandate and instead suggests performing a weighted caseload study (statutorily assigned to the Comptroller) to measure DA staffing needs across the courts each DA serves. As an interim measure, the draft suggests cities without funding agreements negotiate per‑diem arrangements for DA coverage, similar to arrangements already used in some jurisdictions.

Commissioners discussed the balance between city budgets and DA needs and asked staff to clarify data‑collection questions the Comptroller would need for a weighted caseload analysis. The draft will be revised for comment.