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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PETITION FOR WRIT OF CERTIORARI AND
PETITION FOR DECLARATORY JUDGMENT
Comes James N. Ramsey, District Attorney General for the Seventh
Judicial District pursuant to TCA. 27-8-101 and TCA 27-8-102(2)
and TCA 27-8-104 and TCA 29-14-102 and would show:
- That Petitioner is the duly elected District Attorney General
for the Seventh Judicial District which is Anderson County. That
Respondent is the duly elected Judge for the Juvenile Court of
Anderson County.
- That on January 11, 1999, the Anderson County Juvenile Court
Judge Pat Hess issued and served an ORDER requiring the State
District Attorney General James N. Ramsey for the Seventh Judicial
District to appear on Monday and Wednesday each week in Juvenile
Court and "present evidence in support of the Petitions"
filed by others and participate in "matters related to unruly/status,
etc." and "like matters". That Judge Hess gave
the District Attorney no hearing or notice prior to issuance of
said ORDER. Copy of ORDER attached as Exhibit A.
- That there is no specific statutory right of appeal of the
forementioned ORDER pursuant to TCA 37-1-159, governing appeals
from Juvenile Court.
- That the aforesaid ORDER of January 11, 1999 was issued in
the absence of jurisdiction.
- That this ORDER of a county court commands the District Attorney,
a State constitutional officer, to perform duties that are not
statutorily required by TCA 8-7-103 and further impinges on the
constitutional and statutory discretion of the District Attorney
General.
- That pursuant to TCA 8-7-103(6) and the constitution, the
District Attorney General has prosecutorial discretion and is
charged with deciding how best to utilize limited resources in
prosecuting crime. TCA 8-7-103 supercedes in time (enacted 5-19-98)
and by its own terms TCA 37-1-124 upon which the Respondent relies.
The District Attorney may choose to utilize State resources (Anderson
County does not fund any attorneys for the District Attorney's
office) to prosecute felonies, DUI's and other criminal offenses
to the exclusion of truancy and juvenile status and delinquency
offenses.
- That the District Attorney will provide prosecuting attorneys
to Juvenile Court for serious delinquency cases and prosecution
of adults charged in Juvenile Court in his discretion since it
is no longer feasible to assign an attorney full- time to that
court.
Wherefore the District Attorney General petitions the Chancery
Court to issue a Writ of Certiorari and Supersedeas to bring
this matter of the ORDER of January 11, 1999 before the Chancery
Court and thereafter to issue a declaratory judgment with respect
to the right of the State District Attorney General James N. Ramsey
for the Seventh Judicial District to allocate resources of his
office to prosecute in Anderson County Juvenile Court according
to his sole discretion.
This is the First Application for Extraordinary Process.
STATE OF TENNESSEE
COUNTY OF ANDERSON
James N. Ramsey, District Attorney General, 7th Judicial
District, makes oath that the statements in his foregoing are
true of his own knowledge, except as to matters therein stated
to be on information and belief, and these matters he believes
to be true.
This the 15th day of January, 1999.
[James N. Ramsey] signed
JAMES N. RAMSEY
DISTRICT ATTORNEY GENERAL
FOR THE STATE OF TENNESSEE
ROOM 127, COURTHOUSE
CLINTON, TENNESSEE 37716
_____________________________
Sworn to and subscribed before me
this the 15th day of January, 1999.
[Pat Aspenwald] signed
Notary Public
My Commission Expires: 2-2-2000
NO SECURITY REQUIRED
In accordance with TCA 20-13-101, the State shall commence and
prosecute suits according to the laws of the land, as in cases
between individuals, except that no security shall, in such case,
be required.
This the 15th day of January, 1999.
Attached: Juvenile Court Order
Attached: Chancery Court Stay Order in Response to This Petition
