Tennessee: bills create Court Fee and Tax Advisory Council, calls for court fees and taxes to go only towards court/court clerk operations

Bills (HB 880 / SB 1084) filed in the Tennessee legislature earlier this month seek to address the issue of court fees and taxes, their amounts, and use.

The bills as introduced begin with explanatory clauses including declaring it “the policy of this state that court fees and taxes shall be imposed only for the expenses related to the operation of the courts and the operations of the court clerks” and expressing concern that court fees and taxes are becoming “a burden.”

If enacted, the bills require the creation of a Court Fee and Tax Advisory Council. The council would be responsible for

  1. annually compiling all the various court taxes and fees and recommending whether to continue them
  2. reviewing pending state legislation to create new court taxes and fees or amend existing ones

The Council would be made up of three groups: judges, lawyers, and clerks.

  • 3 judges, one from each of the state’s general jurisdiction courts (Chancery, Circuit, Criminal), chosen by the Supreme Court
  • 1 General Sessions Court judge, picked by the General Sessions Courts Judges’ Conference
  • 1 Juvenile Court judge, picked by the Council of Juvenile and Family Court Judges
  • 2 attorneys, one picked by House Speaker and other by Senate Speaker
  • 2 court clerks (1 civil + 1 criminal) picked by the State Court Clerks’ Conference

In addition, the Administrative Director of the Courts would serve ex officio.

The Tennessee council appears similar to the Louisiana Supreme Court’s Judicial Council’s review of new or increased court fees/costs (SB 253 of 2003 now codified as LSA-R.S.62). The Louisiana Judicial Council created a Court Cost/Fee Committee as a result.

Notably that 2003 law required the Louisiana Judicial Council to weigh in on increases or new fees/costs for all trial courts (“district court, family court, juvenile court, city court, parish court, municipal court, mayor’s court, justice of the peace court, and traffic court.”) A 2011 amendment (HB 522) removed the Council’s power to review fee/cost changes in mayor’s and justice of the peace courts. That same 2011 amendment, however, required the council to review and recommend whether the fee or cost was “reasonably related to the operation of the courts or court system.”