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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0095 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 January 1990 90-03 BOARD OF CLAIMS: The purchase of professional liability insurance by a judge from his own funds does not waive either state sovereign immunity or Eleventh Amendment immunity. U.S. Const. Amend. XI; Tenn. Const. Art. I, 517; T.C.A. 59-8-307; 1984 Tenn. Pub. Acts 972; Op. Tenn. Atty. Gen. 85-087 (March 21, 1985). 90-03 CLAIMS COMMISSION: The purchase of professional liability insurance by a judge from his own funds does not waive either state sovereign immunity or Eleventh Amendment immunity. U.S. Const. Amend. XI; Tenn. Const. Art. I, 517; T.C.A. 59-8-307; 1984 Tenn. Pub. Acts 972; Op. Tenn. Atty. Gen. 85-087 (March 21, 1985). 90-07 CLERKS OF COURT: General Sessions: A deputy general sessions court clerk who is also a full-time deputy sheriff, but whose sole duty as deputy sheriff involves only civil process, is not a neutral or detached magistrate or clerk for the purpose of taking from law enforcement officers affidavits of complaint necessary for the issuance of arrest warrants or criminal summonses. U.S. Const. Amend. IV; T.C.A. 58-8-212, 539-6-1702; Op. Tenn. Atty. Gen. u89-03 (January 18, 1989). 90-05 CONSTITUTIONAL LAW, TENNESSEE: Counties: General Law/Class Legislation: Law of the Land: Separation of Powers/Legislative: Statutes/Bills: T.C.A. 539-14-504(d), which imposes criminal pun,.*.hment for the violation of regulations adopted by courty legislative bodies for the collection and storage of garbage, litter, refuse and rubbish, is an unconstitutional delegation of power by the legislature to county legislative bodies, Tenn. Const. Art. II, 551, 3, and is violative of the requirement that the law of the land be general, Tenn. Const. Art. I, 58. Tenn. Const. Art. I, 58, Art. II, SS1, 3; T.C.A. 5539-14-502, -504.

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