RESOLUTION NO. RS2001-849
A resolution requesting the Metropolitan Government General Sessions Court judges to return fines imposed that exceeded the $50 maximum permitted under the Constitution of the State of Tennessee.
WHEREAS, the courts of Tennessee have recently ruled that it is illegal for the General Sessions Court judges to impose fines of more than fifty dollars ($50) unless affixed by a jury or imposed as a penalty of a remedial nature; and
WHEREAS, General Sessions Court judges have fined numerous people more than $50 in fines, and it is fitting and proper that the General Sessions Court return funds collected on such fines.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. That the Metropolitan County Council hereby goes on record as requesting the Metropolitan Government General Sessions Court judges to return fines imposed that exceeded the $50 maximum permitted under the Constitution of the State of Tennessee.
SECTION 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each Metropolitan General Sessions Court judge.
SECTION 3. That the General Sessions Court judges are further requested to inform The Metropolitan Council of the feasibility and/or the actions taken in compliance with the request contained in Section 1 thereof, not later than sixty (60) days after the adoption of this Resolution.
SECTION 4. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored By: Ludye Wallace, Tony Derryberry
|Referred to:||Budget & Finance
Public Safety Committee
|Introduced:||November 20, 2001|
|Deferred:||November 20, 2001|
|Deferred:||December 4, 2001|
|Failed:||December 18, 2001|