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County Judge

Private Acts of 1949 - Chapter 850

SECTION 1. That the office of County Judge of and for Sevier County, in the State of Tennessee is hereby created and E. T. King, the present Chairman of the County Court and a present member of the Quarterly County Court of Sevier County, shall hold said office of County Judge until the next regular election to be held in August, 1950, when his successor shall be elected by the qualified voters of Sevier County, which successor shall hold said office of County Judge for Sevier County for a term of four years expiring September 1, 1954, and at the regular election in each succeeding four years the qualified voters of Sevier County shall elect a County Judge for Sevier County for a term of four years; provided, further, that in the event the said E. T. King, the present Chairman of and a member of the present Quarterly County Court of Sevier County, fails or refuses to serve as County Judge until the 1st day of September, 1950, or in the event a vacancy shall occur in the office of County Judge hereafter, the Quarterly County Court, composed of the Justices of the Peace for Sevier, shall elect a County Judge to fill such vacancy in said office until the next regular election, and in the event of a vacancy in said office it shall be filled at a special session of said County Court, or at its next regular session.

The references below are of acts which once applied to the office of county judge, or county executive in Sevier County. They are included herein for historical purposes only. Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Acts of 1856, Chapter 253, Page 511, created the post of County Judge for every county in the State, who would hold office for four years except for the first one who would hold until the next general county election after the passage of this act. The Quorum Courts of the county were abolished and their jurisdiction conferred upon the County, as well as the responsibilities of the Chairman of the County. The court's jurisdiction was outlined in Section 6. In addition, the County Judge would be the accounting officer and general agent of the county, his powers and duties as such being enumerated. The Judge would be paid $5.00 per day when holding Monthly or Quarterly Courts and the Court could award him additional compensation for his other duties as they might desire. This act was repealed by Chapter 5, Acts of 1857-58, Page 3, which also restored the Quorum Courts.

2. Acts of 1857-58, Chapter 38, Page 46, again created the position of County Judge for Davidson, Shelby, Knox, Montgomery, and Williamson Counties, and was later made to apply to Sevier County. The Judge would be learned in the law and elected to serve eight years, the first election to be held on first Saturday in March, 1858. The remainder of this act is virtually a verbatim copy of the terms and conditions of Chapter 253, Acts of 1856 outlined above. This Act was cited as constitutional in Grainger v. State (1904), 111 Tenn. 277, 80 SW 759.

3. Acts of 1859-60, Chapter 176, Page 542, repealed the 1857-58 Act, Chapter 5, as the same involved Sevier County, and made the above Act, Chapter 38, applicable to the county. Arrangements were made for the Sheriff to hold the election. The Judge would receive $3.50 per day for sitting on the monthly and quarterly courts. This act required a referendum to be held before becoming effective.

4. Private Acts of 1935, Chapter 667, Page 1785 created the office of County Judge and appointed C. A. Temple, the chairman of the County Court, to the post, to hold it until the next regular election in August, 1936, when a successor would be elected to serve until September 1, 1942, and at that time, a Judge would be chosen to serve the full eight year term. The County Court would fill vacancies until the next general election. The Judge must be over 30 years of age and a resident of the county. The office of Chairman of the County Court was abolished and the duties of it assigned to the Judge who would fill the office and preside over the Court. The monthly court would be held on the first Monday of each month until the docket was completed and the Quarterly Court was slated to convene on the first Monday in, April, July and October. The Judge was also designated to be the accounting officer and general agent. His salary was set at $1500.00 per year. This act was repealed by the one below.

5. Private Acts of 1941, Chapter 487, Page 1716, expressly repealed Chapter 667, Private Acts of 1935, above, to take effect on the first Monday in October, to which date the present County Judge would continue to occupy the office mentioned above.

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