District Attorney General
   7th Judicial District of Tennessee   

Letter to Judge Hess - September 3, 1998

September 3, 1998

Judge Patricia Hess
Juvenile Court
Anderson County Courthouse
Clinton, Tn 37716

RE: Juvenile Court Week of September 21 -September 25, 1998

Dear Judge Hess,

Because of new expanded regular court hours for criminal courts requiring an increased presence of prosecutors in Sessions Courts (Clinton and Oak Ridge) and in Criminal Court (which is now setting motions in criminal cases every Monday and every Friday and jury trials on at least 6 days each month) and because of appeals of juvenile cases to Chancery and because of judges who do additional days of "special settings", our office will no longer be able to provide a prosecutor in Juvenile Court on days when Beth Boatner is not available. This will necessarily include the whole week of September 21st through September 25th when Ms. Boatner will be on vacation.

As District Attorney, I am obligated to give my staff of state employees vacation and sick leave days, and additionally the staff attorneys require days for CLE so as to retain their law licenses.

This office appreciates the importance of Juvenile Court and intends to continue representing the State in delinquency proceedings as far as possible-status offenses could be more appropriately handled by others, e.g. the school board attorney appointed by the Court on truancy cases.

Because Juvenile Court has a statutory option under T.C.A. 37-1-124 and also under TR J Pr 8 and 19 (as amplified by accompanying Advisory Committee Comments) to appoint others as prosecutors, it appears that the legislature has contemplated these situations where district attorney have limited resources.

We will give the court notice of scheduled vacations and CLE classes.

Very truly yours,

James N. Ramsey
District Attorney General


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