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1993 Tennessee Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagtn0136 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 October & November, 1993 93-62 CONSTABLES/WEAPONS: Firearms: A Morgan County Constable does not have the authority to carry a gun. Although they have law enforcement authority they are not part of a law enforcement agency and are therefure required to have a written directive and permit issued by the sheriff. T.C.A. §8-10-108, §39-17-1315; Op. Tenn. Atty. Gen. 92-18 (Feb. 28, 1993); Op. Tenn. Atty. Gen. U92-122 (Oct. 19, 1993). 93-69 CONSTITUTIONAL LAN/TENNESSEE:Elections: Where a municipal judge has been duly elected by the voters in May, 1991 for an unconstitutional four year term, he can continue exercising general sessions jurisdiction, but only until August, 1994, at which time he could choose to run to fill the remainder of the eight (8) year judicial term, which ends in September, 1988. Const. Tenn. Art. VI, S5, Art. VII, 55; Op. Tenn. Atty. Gen. 93-28 (April 1, 1993). 93-70 COWSTTTUTIONAL LAW/TENNESSEE:Elections: A municipal judge properly elected in a regular biennial August election for an unconstitutional term of four years can continue to exercise general sessions jurisdiction until the termination of the regular judicial term in September, 1998. Const. Tenn., Art. VI, S5, Art. VII; Op. Tenn. Atty. Gen. 93-28 (April 1, 1993). 93-63 DRUGS AND NARCOTICS:Tennessee Drug Control Act of 1989: In cases which result in a drug conviction Eo violation of the Tennessee Drug Control Act of 1989, a statutorily determined portion of the minimum fine goes to the county trustee or city recorder, depending on where the arrest occurs. The chief executive of the judicial district task force may then request the funds for use in the local drug enforcement program. The rest of the minimum fine is paid to the general fund of the board of directors of the task force. In cases which result in a conviction where the law enforcement agency responsible for the investigation and arrest are the county sheriff's department or city police department, any amounts above the minimum fine

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