Amends TCA Section 40-1-111.

MAGISTRATES - REQUIRED Present law provides that judicial commissioners duly appointed in Knox County, must be known as "magistrates." This bill adds to this provision that Knox County is required to have the position of one or more general sessions magistrate. Additionally, this bill provides that a magistrate must be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges. The duties of a magistrate include the issuance of arrest warrants upon a finding of probable cause; the setting of bonds and recognizances; and the issuance of mittimus. The term of a magistrate must be established by the majority of general sessions judges of the county. CHIEF LEGISLATIVE BODY - JUDICIAL COMMISSIONERS Present law provides that the chief legislative body of any county, except Montgomery, Williamson, Rutherford, Hamilton, Davidson, or Shelby County, may appoint one or more judicial commissioners whose duties include the issuance of search warrants and felony arrest warrants upon a finding of probable cause; issuance of mittimus; appointing of attorneys for indigent defendants; setting and approving of bonds and release of recognizance; and issuance of injunctions and other appropriate orders. This bill removes Knox County from this provision. CHIEF LEGISLATIVE BODY - GENERAL Present law provides that the term of the officer must be established by the chief legislative body but must not exceed a four-year term. A member of the county legislative body of any county is not eligible for appointment as a judicial commissioner. The presiding general sessions criminal judge of a county may appoint a temporary or part-time judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The legislative body in appointing, evaluating, and making decisions relative to retention and reappointment must take into consideration views, comments, and suggestions of the judge of the courts in which the judicial commissioners are appointed to serve. This provision applies to all counties, except Montgomery, Williamson, Rutherford, Hamilton, Davidson, or Shelby County. This bill removes Knox County from this provision. APPOINTMENT SUBJECT TO APPROVAL Present law provides that in Knox County, any appointment of a judicial commissioner must be subject to the approval of a majority of the general sessions judges in the county. This bill deletes this provision.