(a) If a constable elected under this part is indicted or formally charged with a misdemeanor involving gambling or moral turpitude or a felony, then the constable shall be placed on administrative leave by the court with jurisdiction over the criminal offense. The court shall issue an order placing such constable on administrative leave until the conclusion of the criminal prosecution.

Terms Used In Tennessee Code 8-10-110

  • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
(b) The court may hold a constable who does not comply with an order issued under subsection (a) in criminal contempt of court, pursuant to § 29-9-103.
(c)

(1) If a constable is placed on administrative leave under subsection (a), the clerk of court shall mail a copy of the court’s order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary.
(2) If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk of court shall mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought pursuant to chapter 47 of this title.
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