67-5-2406 - Failure to prosecute Duties of district attorney general Removal of attorney for nonprosecution.
67-5-2406. Failure to prosecute Duties of district attorney general Removal of attorney for nonprosecution.
(a) Upon the failure of the county trustee and the county mayor to employ an attorney and institute suits for the collection of delinquent taxes, and within the time provided, the district attorney general has the power and the duty to:
(1) Employ an attorney to institute and prosecute suits for the collection of such taxes; or
(2) Maintain an action for a writ of mandamus to compel the county trustee and county mayor to employ an attorney to institute and prosecute suits for the collection of such taxes.
(b) In the event a delinquent tax attorney has not prosecuted delinquent tax suits to a sale of the property within five (5) years of the filing of the suit, the court, on motion of the county mayor and county trustee or the district attorney general, may remove the attorney from all delinquent tax suits the attorney is prosecuting, unless satisfactory explanation of the delay is proven to the court. Upon the attorney's removal, the lien for attorney's fees on any remaining unpaid taxes shall be extinguished as to such attorney.
[Acts 1923, ch. 77, §§ 8, 14; Shan. Supp., §§ 913b17, 913b23; Code 1932, §§ 1591, 1598; C. Supp. 1950, § 1591; Acts 1973, ch. 296, § 1; 1975, ch. 32, § 2; 1976, ch. 617, § 1; 1978, ch. 869, §§ 2, 6-8; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 1982, ch. 612, § 2; 1983, ch. 95, § 1; T.C.A. (orig. ed.), §§ 67-2003, 67-2005; Acts 1985, ch. 373, §§ 4, 5; 2003, ch. 90, § 2.]