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1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0089 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 July 1989 89-100 CIVIL RIGHTS-PRISONERS: Eighth Amendment: Assuming that a municipality in the State of Tennessee would contract with the State to house inmates previously sentenced to the Department of Correction, the municipality would not be required to follow the same basic guidelines imposed upon the State by the Grubbs case; generally, the municipality would not be exposed to liability in the same manner as the State, since the State enjoys the benefit of Eleventh Amendment immunity in actions brought pursuant to 42 U.S.C. §1983. U.S. Const. Amends. VIII, -XI; 42 U.S.C. S1983. 89-99 CONSTITUTIONAL LAW, TENNESSEE: Attorneys for State: The temporary suspension of a district attorney from the practice of law does not, standing alone, warrant the appointment of a district attorney orQ tim. Tenn. Const. Art. VI, S5; T.C.A. S58-7-103, -104, -106, S23-3-101. 89-92 CONSTITUTIONAL LAW, TENNESSEE: Fines, Over $50: General Law/Class Legislation: The classifications exemptingrj certain counties from the allocation scheme establiuhed in T.C.A. §39-6-420 for all drug fines are uncons'itutional absent a rational basis; the excess fine jver the minimum amount should be allocated in accordance with T.C.A. §39-6-420; the Sentencing Bill repuals all of Title 39 of the Tennessee Code Annotated on November 1, 1989, including the mandatory minimum drug fines. U.S. Const. Amend XI, SB; Tenn. Const. Art. XI, SB; T.C.A. §39-6-420, 540-14-202; 1989 Tenn. Pub. Acts 322, -531. 89-94 CONSTITUTIONAL LAW, TENNESSEE: Judges: Pursuant to T.C.A. §16-15-209(b), the special judge has the same authority as the regular judge; absent statutory authority, the special judge may not be compensated; the special judge must possess the qualifications of a

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