LOUDON — Following the Loudon County Commission's decision
last week to create a second general sessions court judge,
the process of appointing a new judge has begun.
Commission voted 8-2 to pass a private act that would
establish the second judge. Since the general sessions court
was established in 1959 Loudon has only had a single judge,
although population has more than doubled, current General
Sessions Judge Rex Dale said.
According to Dale, the court system is overburdened and
backlogged, leading to long delays in processing cases.
Advertisements in local newspapers this week said the county
is currently accepting applications from those seeking
appointment to the position. All resumes are to be delivered
to County Mayor's office by July 17.
Qualifications for general sessions judge include being 30
years old, a resident of the state for five years, a
resident of the circuit or district for one year and
authorization to practice law in the courts of Tennessee.
Potential nominations will be discussed at the July 20
regular commission meeting. A vote to select a new judge
will be held at the Aug. 3 regular commission meeting. The
temporary judge would take office Sept. 1.
The temporary appointment will run until a new judge can be
elected during the 2016 election cycle, said Susan Harrison,
Loudon County Election Administrator. The position is not
necessarily partisan and the political parties can decide if
they choose to have a primary.
The Democratic and Republican parties have until Sept. 11 to
decide if they want to have a primary or if they will select
a specific candidate to represent their party in the Aug. 4
election. If there is a primary in March, political party
and independent candidates must qualify by noon on Dec. 10.
Exactly how much the new judge will cost and how to pay for
the position is still not completely clear. Judge Dale has
proposed an increase in the litigation tax from about $17 to
about $69. Commission would have to vote to increase the
litigation tax.
The cost of the two judges for the 2015-2016 budget is
projected at about $321,000. With the increased revenue from
the litigation tax projected at about $134,000, the cost to
the county could be reduced to about $187,000, Dale
projected. Projections on the litigation tax are based on
current collection rates in criminal and civil court.
The private act passed by commission compels the commission
to fund the new judge, whether it is through an increase in
litigation tax or a withdrawal from the general fund
balance, said Commissioner Van Shaver.
Costs still unknown to the county might include the need to
hire more clerks in the office of Clerk of Courts Lisa
Niles. A lawsuit by Niles asking for six more clerks and
raises for others in the office is heading toward litigation
in court later this year. County commission has offered to
fund four more clerks.
Commissioner Kelly Littleton-Brewster said she voted for the
new judge after being assured by Niles that the extra judge
would not require more clerks than the six already requested
in her suit.