District Attorney General Pro Tem — Attorney Acting for District Attorney General

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  1. If the district attorney general fails to attend the circuit or criminal court, or is disqualified from acting, or if there is a vacancy in the office, the court shall appoint some other attorney to supply such district attorney general's place temporarily. The acts of such district attorney general pro tem shall be as valid as if done by the regular officer, and the district attorney general pro tem shall be entitled to the same privileges and emoluments.
  2. Notwithstanding subsection (a), the district attorney general may:
    1. Upon the consent of the district attorney general of any other judicial district, specially appoint another district attorney general, or an assistant to that district attorney general, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
    2. Upon the consent of the executive director of the district attorneys general conference, specially appoint the executive director or an assistant to the executive director to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
    3. Upon the consent of the chief executive officer of any governmental agency, appoint a licensed attorney employed by that agency to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
    4. Upon the consent of the attorney general and reporter, specially appoint the attorney general and reporter, or an assistant to the attorney general and reporter, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; provided, that no prosecution for an offense against the person as set forth in title 39, chapter 13 may be undertaken by the attorney general and reporter unless such prosecution arises out of, is related to, or affects an investigation, prosecution, or other proceeding which the attorney general and reporter is otherwise authorized to conduct, by cross-designation or otherwise; and
    5. Upon the written request of the attorney general and reporter, personally or through one (1) of the attorney general and reporter's assistant attorneys general, participate in the trial and direction of a specific proceeding, criminal or civil, which the attorney general and reporter is authorized by law to conduct.
  3. The acts of an attorney acting for the district attorney general or the attorney general and reporter pursuant to subsection (b) shall be valid as if done by the regular officer, and there shall be no requirement that the regular officer be disqualified from acting or that there be a vacancy in the office. Nor shall the regular officer be compelled to attend court proceedings in the matters in which an attorney is acting for the regular officer pursuant to subsection (b); provided, that the regular officer may be in attendance, and participate, if such a regular officer so desires.
  4. Subsections (b) and (c) are not intended to abolish any authority now held by the district attorneys general, and shall not be deemed to repeal by implication any existing law.

Code 1858, §§ 3962, 3963 (deriv. Acts 1835-1836, ch. 28, § 2); Shan., §§ 5769, 5770; mod. Code 1932, §§ 9967, 9968; T.C.A. (orig. ed.), § 8-706; Acts 1991, ch. 342, §§ 1, 2; 1993, ch. 292, § 1; 1996, ch. 996, § 2.

Compiler's Notes. Acts 1993, ch. 292, § 2 provided that the amendment by that act was not intended to abolish any authority then held by the district attorneys general or attorney general and reporter, and was not to be deemed to repeal by implication any existing law.

Cross-References. Contested elections, appointment of temporary district attorney general, §17-2-119.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 6.2.

Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 9.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

Attorney General Opinions. Representation of the state in criminal and juvenile proceedings in general sessions courts, OAG 00-042, 2000 Tenn. AG LEXIS 42 (3/13/00).

Salary of a district attorney general pro tem, OAG 07-093, 2007 Tenn. AG LEXIS 93 (6/12/07).


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