Why The County Legislative Body Is Not A Court and The County Executive Is Not A Judge

Recently there has been several questions about the County Legislative Body being a County Court and thus the County Executive a judge. I can understand a normal citizen possibly not knowing that this term was changed in 1978 but there can be no excuse for the County Executive, the county attorney and a number of Commissioners not being aware of such a change. Only a complete ignorance of the State Code Annotated by an elected official or practicing attorney would leave one unaware of as simple a matter as the proper name of the Legislative Body for which they work.

Tenn. Code Ann. § 5-5-101 (Copy w/ Cite)
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Tenn. Code Ann. § 5-5-101

TENNESSEE CODE ANNOTATED
© 2011 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2010 REGULAR SESSION ***

Title 5 Counties
Chapter 5 County Legislative Bodies
Part 1 Substantive Provisions

Tenn. Code Ann. § 5-5-101 (2011)

5-5-101. Basic legislative unit -- Name changes.

(a) The county legislative body is established as a basic legislative unit of each county of this state; provided, that the provisions of this subsection (a) shall not apply to counties that have already adopted the metropolitan form of government.

(b) Effective September 1, 1978, except in any county organized under the consolidated government provisions of the Tenn. Const., art. XI, § 9, the quarterly county court, county council and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978.

(c) References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body.

(d) References to the magistrates, justices of the peace, members or membership of such court, council or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body.

HISTORY: Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch. 1, § 44; 1835-1836, ch. 6, § 1; 1837-1838, ch. 135, § 1); Acts 1875, ch. 70, §§ 1-3; integrated in Shan., § 5992; Code 1932, § 10193; Acts 1967, ch. 235, § 1; T.C.A. § 5-528; Acts 1978, ch. 934, §§ 7, 9; 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 5-501.