IN THE CHANCERY COURT FOR ANDERSON COUNTY,
TENNESSEE
JAMES N. RAMSEY
DISTRICT ATTORNEY GENERAL for the
SEVENTH JUDICIAL DISTRICT
Petitioner
VERSUS
PAT HESS
JUDGE of the
ANDERSON COUNTY JUVENILE COURT
Respondent
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DEFAULT JUDGMENT
DECLARING THE RIGHTS OF THE PARTIES
Came the State by and through the District Attorney General and
showed unto the Court:
- That the State filed a Petition for Writ of Certiorari and
Petition for Declaratory Judgment
pursuant to
TCA
27-8-101, and TCA
27-8-102(2), and TCA
27-8-104 and
TCA
29-14-102.
- That on January 19, 1999, defendant was served with the Petition.
- That defendant has not filed an answer in this cause and it
has been thirty (30) days since defendant was served.
- That a Notice of Intent to Enter Default Judgment was filed
on February 19, 1999, setting this case for hearing on the 23rd
day of March, 1999.
- That the Plaintiff is entitled to a default judgment after
service of process on defendant and her failure to answer.
Wherefore, it is ADJUDGED, ORDERED, DECREED AND DECLARED
on the basis of the record and for the above-stated reasons:
1. That the January 15, 1999, Order of the Juvenile Court, a
county court, which commanded the District Attorney General, a
State Constitutional Officer, to perform duties that are not statutorily
required by TCA
8-7-103, does in fact impinge on the constitutional
and statutory discretion of the District Attorney General, and
is hereby declared invalid.
2. That the temporary Stay Order issued January 15, 1999, be
and hereby is made permanent and an injunction be and hereby is
issued prohibiting the defendant from further commanding the
District Attorney General for the Seventh Judicial District, a
State Constitutional Officer, to perform duties that are not statutorily
required under TCA
8-7-103 and which impinge on the constitutional
and statutory discretion of the District Attorney General.
3. That pursuant to TCA
8-7-103(6) and the Tennessee Constitution,
the District Attorney General is declared to have prosecutorial
discretion and is charged with deciding in his sole discretion
how best to utilize limited State resources in prosecuting crime.
4. That a juvenile court is not a criminal court.
5. That TCA
8-7-103 is declared to supersede TCA
37-1-124 both
in time (it was enacted 5-19-98) and by its own terms.
6. That the District Attorney General may choose which cases,
if any, his office will prosecute in a county Juvenile Court.
That the Clerk shall send a copy of this Order to the parties.
Enter this the _______day of _________________, 1999.
__________________________________
CHANCELOR WILLIAM LANTRIP
CERTIFICATE OF CLERK
I certify that on this date a copy of this Order was mailed/delivered
to defendant Judge Patricia Hess at her office in Juvenile Court,
100 Main Street, Clinton, TN.
_____________________________
Clerk, D.C.
