COMPLAINT FOR DECLARATORY JUDGMENT
Comes the Plaintiff, REX A. LYNCH, and pursuant to Tenn. R. Civ.
P. Rule 57 and Tenn. Code Ann. §29-14-101, et seq., and
for his cause of action respectfully states to this Honorable
Court as follows:
1 . Plaintiff is the duly elected County Executive of Anderson
County, Tennessee.
2. Defendant is the Juvenile Court, Patricia A. Hess, Judge for
the Anderson County Juvenile Court.
3. The acts complained of herein occurred in Anderson County,
Tennessee.
4. This Court has jurisdiction over the parties and the subject
matter of the dispute pursuant to Tenn. R. Civ. P. Rule 57 and
Tenn. Code Ann. §29-14-101, et seq.
5. This Court is a proper venue.
6. That the County Attorney has neglected or refused, or recused
himself from acting on behalf of Anderson County regarding the
subject of this Complaint.
7. That on December 29, 1998 the District Attorney General for
the Seventh Judicial District, State of Tennessee, advised the
Honorable Patricia A. Hess, by letter that beginning January 1,
1999, the Assistant District Attorney, Beth Boatner, would no
longer be primarily assigned to represent the State at Juvenile
Court proceedings in theAnderson County Juvenile
Court and that the Attorney General's Office would only be available
on Wednesdays to prosecute adults charged in Juvenile Court and
juveniles charged with offenses that would be classified as felonies
if committed by an adult [attached hereto as Ex. A].
8. On January 15, 1999, the Honorable Patricia A. Hess entered
an Order in the records of the Anderson County Juvenile Court
re-counting the District Attorney General's position regarding
prosecution in proceeding in juvenile causes of action in the
Anderson County Juvenile Court [hereto attached as Ex. B].
9. The Juvenile Court, in its Order, states:
As so those matters in which the District Attorney refuses to
comply with the Orders of this Court and the Local Rule Regarding
Prosecution, the interests of justice so requiring, this Court
requests and orders J. Michael Clement, Esquire, to present the
evidence in support of the Petitions and otherwise conduct proceedings
on behalf of the State and to so participate in any and all pretrial or posttrial matters related to unruly/status, delinquent, traffic,
transfer, and adult matters and like matters either Under the
Juvenile Code or the Criminal Code originating in this Court ....
... The Court further certifies as a charge upon the funds of
the County, pursuant to TCA 37-1-150, reasonable compensation
for services and related expenses of J. Michael Clement in acting
pursuant to this Order and the Local Rule Regarding Prosecution.
These monies may not come from any Juvenile Code as that could
result in an assertion of impropriety ....
The Court therefore ordered:
2.) As to only those matters in which the District Attorney refuses
to comply with the January 11, 1999, Order of this Court and the
Local Rule, and without relieving the District Attorney of his
obligation under that Order and the Local Rule Regarding Prosecution,
the interests of justice so requiring, J. Michael Clement, Esq.,
is requested, ordered, and shall present the evidence in support
of these Petitions and otherwise conduct those proceedings on
behalf of the State and shall so participate in any and all such
pre4rial or post-trial matters related to unruly/status, delinquent,
traffic, transfer, and adult matters and like matters either under
the Juvenile Code or the Criminal Code originating in this Court
which fall in that category.
3.) The Court certifies as a charge upon the funds of the County,
pursuant to TCA 37-1-150, reasonable compensation for services
and related expenses of J. Michael Clement in acting pursuant
to this Order and the Local Rule Regarding Prosecution....
10. Tenn. Code Ann. §37-1-150 Cost and expense for
care of child provides in:
(a) The following expenses may be a charge upon the funds of the
county upon certification thereof by the Court.
(2) Reasonable compensation for services and related expenses
of counsel appointed by the Court for a party [emphasis
added]; ...
11. The County Attorney avers "counsel. appointed by the
court for a party" in Tenn. Code Ann. §37-1-150 does
not include counsel appointed by the Anderson County Juvenile
Court to present evidence in support of juvenile petitions and
conduct proceedings on behalf of the state in juvenile proceedings.
12. That "party" is not defined in Tenn. Code Ann. §37-1-102
Definitions. However, the term is used throughout
Title 37 of Tennessee Code Annotated and its definition can be
derived from its use throughout the subject title.
13. That Tenn. Code Ann. §37-1-101 Purpose, jurisdiction
states in (a):
This part shall be construed to effectuate the following public
purposes:
(4) Provide a simple judicial procedure through which this part
is executed and enforced and in which the parties are assured
a fair hearing and their constitutional and other legal rights
recognized and enforced; [emphasis added]
Tenn. Code Ann. §37-1-117 Investigation and release
or commitment - Petition-hearings provides:
(c) If a child alleged to be dependent
and neglected is removed from the custody of such child's parent,
guardian, or legal custodian prior to a hearing on the petition,
a preliminary hearing shall be held no later than three (3), days
after the child's removal ... The provisions of this subsection
may be waived by expressed and knowing waiver, by the parties
to an action including the parents, guardian or legal custodian
and the child or guardian ad litem for the child if the child
is of tender years. [emphasis added]
Tenn. Code Ann. §37-1-126 Right to counsel
provides:
(a) In delinquency hearings or in hearings in which the child
is alleged upon three (3) or more court proceedings to be unruly
and not amenable to treatment or rehabilitation as specified in
§37-1-132(b), a party is entitled to representation
by legal counsel at all stages of any proceedings under this part,
and if, as a needy person, , such party is unable to employ counsel,
to have the court provide counsel for such party. If a party appears
without counsel, the court shall ascertain whether such party
knows of such party's right thereto and such party's right to
be provided with counsel by the court if such party is a needy
person.... [emphasis added)
14. Tenn. Code Ann. §37-1-150(d) states:
If, after due notice to the parents or other persons legally obligated
to care for and support the child and after affording them an
opportunity to be heard, the court finds that they are financially
able to pay all or part of the costs and expenses stated in subdivisions
(a)(l)-(5), the court may order them to pay the same and prescribe
the manner of payment....
In accordance with this subsection, if "related expenses
of counsel appointed by the court for a party" are interpreted
to include expenses of a private attorney requested by the Juvenile
Court to present evidence in support of Petitions in Juvenile
Court and conduct proceedings on behalf of the State of Tennessee,
then the aforementioned subsection (d) would allow the Juvenile
Court to order financially able parents to pay the costs and expenses
of the Attorney General acting on behalf of the State of Tennessee.
15. The County Executive denies the compensation of J. Michael
Clement ordered by the Anderson County Juvenile Court on January
15, 1999 are proper charges upon the funds of Anderson County
pursuant to Tenn. Code Ann. §37-1-150(2).
16. The County Executive avers that the related expenses of J.
Michael Clement, Esq., is ongoing and will continue to be charged
upon the limited funds of Anderson County.
WHEREFORE, the County Executive demands this Court declare
the rights and other legal relations of the parties under Tenn.
Code Ann. §37-1-150(2) in regard to the Order entered by
Patricia A. Hess, Anderson County Juvenile Court Judge, on January
15, 1999 and direct the entry of a final judgment accordingly.
FURTHER, the Court accelerate this matter on its docket.
