Tenn. Code § 8-14-107

Current through Acts 2023-2024, ch. 1069

Section 8-14-107 - Compensation

(a) Effective July 1, 1994, the salary for district public defenders shall be an amount equal to eighty-eight percent (88%) of the salary established by law for district attorneys general. Effective July 1, 1995, the salary for district public defenders shall be an amount equal to the salary established by law for district attorneys general. On March 1, 2018, the base salary for district public defenders shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. On June 30, 2024, the base salary for the district public defenders shall be two hundred five thousand three hundred twenty-eight dollars ($205,328) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act.

(b)

(1) A full-time assistant district public defender shall be compensated beginning July 1, 2023, according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act:

Entry level....................	$63,853
after one (1) year....................	$67,868
after two (2) years....................	$71,857
after three (3) years....................	$75,928
after four (4) years....................	$79,943
after five (5) years....................	$83,918
after six (6) years....................	$87,934
after seven (7) years....................	$91,977
after eight (8) years....................	$96,034
after nine (9) years....................	$100,009
after ten (10) years....................	$104,038
after eleven (11) years....................	$108,054
after twelve (12) years....................	$112,001
after thirteen (13) years....................	$116,017
after fourteen (14) years....................	$120,032
after fifteen (15) years....................	$124,021
after sixteen (16) years....................	$128,050
after seventeen (17) years....................	$131,680
after eighteen (18) years....................	$135,226
after nineteen (19) years....................	$138,607
after twenty (20) years....................	$141,823
after twenty-one (21) years....................	$146,501
after twenty-two (22) years....................	$151,331
after twenty-three (23) years....................	$156,299
after twenty-four (24) years....................	$161,833
after twenty-five (25) years....................	$167,325

(2) The salary levels for assistant district public defenders shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.

(3) The executive director of the Tennessee district public defenders conference shall certify the entry level of compensation awarded to assistant district public defenders based on prior service credits. Subject to the approval of the district public defender, assistant district public defenders shall be entitled to prior service credits as follows:

(A) Any assistant district public defender who has prior experience as an assistant district public defender, an assistant district attorney general, a district public defender, a district attorney general, a criminal investigator for the district public defenders, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney who served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction or an attorney who as a commissioned officer worked as a military attorney in the field of criminal defense or criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district public defender, and subject to the approval of the executive director of the Tennessee district public defenders conference; and

(B) The executive director of the Tennessee district public defenders conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years.

(4) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.

(5) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.

(6) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2009, through June 30, 2010, is included.

(c)

(1) Effective July 1, 2023, all full-time district investigators shall be compensated according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act:

Entry level....................	$43,180
after two (2) years....................	$46,471
after four (4) years....................	$48,944
after six (6) years....................	$52,444
after eight (8) years....................	$55,982
after ten (10) years....................	$59,276
after twelve (12) years....................	$62,963
after fourteen (14) years....................	$66,196
after sixteen (16) years....................	$69,822
after eighteen (18) years....................	$76,428
after twenty (20) years....................	$80,532

(2) The salary levels for district investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.

(3) The executive director of the district public defenders conference shall certify the level of compensation awarded to district investigators based on prior service credits. Subject to the approval of the district public defender, district investigators are entitled to the same prior service credits as allowed criminal investigators for the district attorneys general in § 8-7-231, as well as relevant experience as a criminal defense investigator.

(4) If a district public defender having a vacant district investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district public defender, the appointee may, upon recommendation of the appointing district public defender, with approval of the executive committee of the district public defenders conference be compensated as an assistant district public defender as provided for in subsection (b).

(5) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.

(6) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.

(7) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2020. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2009, through June 30, 2010, is included.

T.C.A. § 8-14-107

Amended by 2024 Tenn. Acts, ch. 974,s 2, eff. 5/21/2024.

Amended by 2023 Tenn. Acts, ch. 460, s 4, eff. 6/30/2023.

Amended by 2023 Tenn. Acts, ch. 460, s 3, eff. 6/30/2023.

Amended by 2022 Tenn. Acts, ch. 1122, Secs.s 2, s 3, s 5 eff. 6/1/2022.

Amended by 2020 Tenn. Acts, ch. 757, s 1, eff. 7/1/2020.

Amended by 2019 Tenn. Acts, ch. 202, s 3, eff. 7/1/2019.

Amended by 2019 Tenn. Acts, ch. 386, s 1, eff. 7/1/2019.

Amended by 2018 Tenn. Acts, ch. 899, Secs.s 2, s 3, s 6 eff. 5/3/2018.

Amended by 2017 Tenn. Acts, ch. 461, s 8, eff. 7/1/2017.

Amended by 2017 Tenn. Acts, ch. 461, s 7, eff. 7/1/2017.

Acts 1989, ch. 588, § 8; 1994, ch. 1007, §§ 1-3; 1996, ch. 610, § 4; 1999, ch. 165, §§ 2 - 4; 2003 , ch. 355, §§ 7, 8, 14; 2004, ch. 819, § 1; 2006, ch. 969, § 1; 2007 , ch. 544, § 1; 2009 , ch. 531, §§ 24 - 26.