8-26-101 - Expenses of judicial officers. - Tennessee Statutes

8-26-101. Expenses of judicial officers.

The officials and employees named hereby below shall be reimbursed out of the state treasury for the expenses enumerated and to the extent set forth below:

     (1)  The justices of the supreme court, judges of the intermediate appellate courts, criminal court judges, circuit court judges and chancellors shall be reimbursed for their necessary office rent, office supply and equipment expenses, and travel expenses pursuant to policies and guidelines promulgated by the supreme court.

     (2)  (A)  The state is hereby authorized to provide office equipment and supplies to district attorneys general, such equipment to be furnished on the basis of need. All such office equipment shall remain the property of the state of Tennessee and shall be returned to the custody of the executive director of the district attorneys general conference by each district attorney general upon the expiration of the district attorney general's official duties. The purchases made under this section shall be in conformity with rules and regulations to be prescribed by the executive director, the comptroller of the treasury, and the commissioner of finance and administration.

          (B)  District attorneys general are authorized the necessary expenses in the preparation and prosecution of cases in the name of the state of Tennessee. All expenditures of this section shall be made in accordance with such rules and regulations formulated by the executive director.

          (C)  Each district attorney general shall prepare an annual budget request, relating to items authorized in subdivisions (2)(A) and (2)(B), to be submitted to the executive director of the district attorneys general conference. The executive director shall review all requests and formulate a budget for all district attorneys general which the executive director shall submit to the commissioner of finance and administration for review and approval.

          (D)  No approval for any expenditure of state funds authorized in the above subdivisions shall be given in excess of the amount appropriated for such purposes by the general assembly.

          (E)  The several district attorneys general in all districts containing more than one (1) county shall be reimbursed for the necessary traveling expenses incurred while upon official business, outside the county of their residence, as prescribed under the comprehensive travel regulations for employees of the state of Tennessee. Any subsequent changes in the amounts or types of reimbursable expenses as prescribed under the comprehensive travel regulations then shall apply automatically, and without further action, to the several district attorneys general at such times as changes become effective as to employees of the state of Tennessee.

          (F)  All expense accounts submitted by any district attorney general shall be submitted upon forms provided and prescribed by the judicial cost accountant of the office of the comptroller of the treasury. In addition thereto, such expense accounts shall be submitted during the month following the month in which the expense was incurred, and all such expense accounts must be verified by such district attorney general. If any person fails to comply with the provisions of this section, the expense account shall be disallowed and the same shall not be paid.

          (G)  Secretarial help is hereby authorized for district attorneys general. Such secretarial help is to be furnished on the basis of need and is subject to the approval of the executive director, the comptroller of the treasury and the commissioner of finance and administration.

          (H)  (i)  The executive director, in conjunction with the commissioner of personnel, shall determine the salary scales to be applied to secretaries to district attorneys general. Those persons employed under this section shall be paid monthly from state funds.

                (ii)  Such salary scales may be applied to the secretarial and clerical positions heretofore created by law, notwithstanding the fixing of salaries for such positions by prior legislative enactment. This subdivision (2)(H) shall not in any way affect salaries or compensation paid by any county in the state to secretarial or clerical employees of any district attorney general, nor shall it affect any public or private act creating or establishing such secretarial or clerical positions, except as provided by this subdivision (2)(H).

          (I)  Upon the determination by a district attorney general that secretarial help is needed in order for the district attorney general to maintain the district attorney general's office effectively, the district attorney general shall submit a request for secretarial help to the executive director.

          (J)  The executive director, upon receipt of the request for secretarial help, shall review the same and in accordance with subdivisions (2)(G) and (H) shall determine the extent of help needed and fix the salary therefor.

          (K)  The executive director may prescribe such rules and regulations as in the executive director's judgment are necessary to best administer subdivisions (2)(G)-(J).

     (3)  Traveling expenses under this section shall be as established for employees of the state of Tennessee, with the amount of reimbursement allowed for each mile necessarily traveled on official business being such established amount for state employees.

[Acts 1945, ch. 170, § 1; C. Supp. 1950, § 10748.2; Acts 1953, ch. 265, § 1; 1955, ch. 257, § 1; 1955, ch. 271, § 1; 1959, ch. 291, § 1; 1961, ch. 121, § 3; 1965, ch. 168, § 1; 1967, ch. 213, § 1; impl. am. Acts 1967, ch. 226, § 5; Acts 1969, ch. 168, § 1; impl. am. Acts 1972, ch. 551, § 8; Acts 1975, ch. 332, §§ 1, 2; 1978, ch. 672, §§ 1, 2; T.C.A. (orig. ed.), § 8-2502; Acts 1980, ch. 474, § 1; 1993, ch. 66, § 5; 1993, ch. 196, § 1; 1996, ch. 996, § 2.]