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TACIR studies who should pay for prosecutors when cities exercise concurrent jurisdiction

Tennessee Advisory Commission on Intergovernmental Relations (TACIR) · October 3, 2024
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Summary

TACIR convened stakeholders to examine municipal courts with concurrent criminal jurisdiction and what counts as "sufficient personnel." District attorneys say concurrent courts require municipal support for assistant DAs and victim services; some cities argue concurrent jurisdiction provides local value and already incur costs.

The commission heard from district attorneys, judges and municipal officials about municipal courts that exercise concurrent general‑sessions criminal jurisdiction and whether municipalities must provide “sufficient personnel” for prosecution.

Mike Donovan of the Tennessee District Attorneys General Conference said the statutory phrase “sufficient personnel” has created disputes and is under legal challenge in a case now on appeal; he noted an average assistant district attorney caseload of about 1,700 cases per year in Tennessee and urged clearer municipal funding commitments when cities opt into concurrent jurisdiction.

Judge Dean Dedmon (Dyersburg) and municipal representatives described local arrangements in which cities and counties share the costs of assistant DAs. Martin Granham, a city manager, stressed that concurrent courts can deliver convenience for victims and speed dockets in towns distant from county courthouses, but warned that operating courts often run short of revenues and that cities already provide in‑kind support (courts, clerks, bailiffs) while bearing shortfalls in some jurisdictions.

Public defenders and commission members emphasized that adding court locations disperses prosecutorial resources and administrative costs even if it does not increase total caseloads. Panelists pointed to multiple local models — city-paid part‑time ADA, shared funding across towns, or counties absorbing costs — and asked staff to document existing practices and fiscal impacts as the study proceeds.