16-15-5004 - Concurrent jurisdiction Domestic relations Workers' compensation Probate cases Mental commitments.
16-15-5004. Concurrent jurisdiction Domestic relations Workers' compensation Probate cases Mental commitments.
(a) In any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census, on July 1 of each year, the general session judges shall have concurrent jurisdiction with the circuit and chancery courts over domestic relations cases. When the general sessions court of any such county is exercising domestic relations jurisdiction under the authority conferred by this subsection (a) or § 16-15-501(b)(4), the clerk and master of the county shall serve as the clerk of the general sessions court.
(b) In counties of the second class having a population of not less than forty-seven thousand five hundred seventy-five (47,575) nor more than forty-seven thousand six hundred fifteen (47,615), according to the 1980 federal census or any subsequent federal census:
(1) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over domestic relations cases. The circuit court clerk shall be designated as the clerk of the general sessions domestic relations court; and
(2) The base salary of the general sessions judge in those counties shall be as provided by this part.
(c) In counties of the third class having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census:
(1) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over workers' compensation cases. The clerk and master of the chancery court shall be designated as the clerk of the general sessions workers' compensation court; and
(2) The base salary of the general sessions judge in the counties shall be as provided by this part.
(d) In counties of the sixth class having a population of not less than fourteen thousand eight hundred (14,800) nor more than fourteen thousand eight hundred fifty (14,850), according to the 1980 federal census or any subsequent federal census:
(1) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over domestic relations cases, probate cases and mental health commitments; and
(2) Regardless of the court exercising jurisdiction, domestic relations cases, probate cases and mental health commitments shall continue to be filed in the clerk's office where the cases are currently filed. When the general sessions court of the county is exercising any of the jurisdiction set out in subdivision (d)(1), the appropriate clerk shall also serve as the clerk of the general sessions court.
(e) (1) In counties of the fourth class having a population of not less than twenty five thousand three hundred (25,300) nor more than twenty five thousand three hundred fifty (25,350), according to the 1980 federal census or any subsequent federal census:
(A) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over probate cases and mental health commitments; and
(B) Regardless of the court exercising jurisdiction, probate cases and mental health commitments shall continue to be filed in the clerk's office where the cases are currently filed.
(2) Notwithstanding the limitation on annual supplements in § 16-15-5003(c)(2), the judge of the court of general sessions to which subdivision (e)(1) is applicable shall receive the total amount of the supplements authorized by law for the judge.
(3) This subsection (e) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified to the secretary of state.
(f) (1) In counties of the fourth class having a population of not less than twenty-six thousand one hundred (26,100) nor more than twenty-six thousand two hundred (26,200), according to the 1990 federal census or any subsequent federal census:
(A) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over workers' compensation cases, divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates; and
(B) Regardless of the court exercising jurisdiction, workers' compensation cases, divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates shall continue to be filed in the clerk's office where the cases were filed on June 30, 1999.
(2) Subdivision (f)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified to the secretary of state.
(g) (1) In counties of the sixth class having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census:
(A) The general sessions court has concurrent jurisdiction with the circuit and chancery courts over divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates.
(B) Regardless of the court exercising jurisdiction, divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates shall continue to be filed in the clerk's office where the cases were filed on June 30, 2000.
(2) Subdivision (g)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it applies. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state.
[Acts 1988, ch. 698, §§ 9, 12, 13; 1989, ch. 81, §§ 1, 3; 1991, ch. 396, § 1; 1991, ch. 501, §§ 1, 2; 1999, ch. 352, § 1; 2000, ch. 877, § 1.]