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|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|Tennessee||Bradford v. Bradford, No. 86-262-II, 1986 WL 2874, at *5 (Tenn. Ct. App. Mar. 7, 1986); Daniels v. Grimac, 342 S.W.3d 511, 517 (Tenn. Ct. App. 2010)||Case law||
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if+ See more
the proceedings may only result in additional fines or non-incarceration penalties?
|Courts have recognzied that defendants are entitled to counsel, an opportunity to be heard, and notice in civil proceedings which may result in incarceration.||
We are of the opinion that in light of Lassiter, due process mandates that an indigent defendant has the right to be represented by counsel at a contempt proceeding whether+ See more
it be called civil or criminal if the indigent defendant faces the loss of his freedom. Indirect contempt arises from acts committed out of the presence of the court, and cannot be punished unless the accused has been given the due process protections of notice and an opportunity to be heard.
|Tennessee||See Tenn. Code Ann. § 40-24-105(d)(1)||Collection; fines, costs and litigation taxes; license revocation||Which fines and/or fees may be collected by a private vendor?||Statutory law provides that all fines and fees may be collected by a private vendor when a defendant has been in default for more than six months.||
"After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain+ See more
an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes."
|Tennessee||Corum v. Holston Health & Rehab. Ctr., 104 S.W.3d 451, 454 (Tenn. 2003)||case law||What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?||The state supreme court has the power to impose rules which govern the practice and procedure of the lower courts.||
"[I]t is well settled that the Tennessee Supreme Court has the inherent power to promulgate rules governing the practice and procedure of the courts of this state. This inherent power+ See more
exists by virtue of the establishment of a Court and not by largess of the legislature"
|Tennessee||State v. Smith, No. C.C.A. 86-121-III, 1986 WL 10893 (Tenn. Crim. App. Oct. 3, 1986)||case law||Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law?||This has not been explicitly addressed by courts. However, in the right-to-counsel context, Tennesee generally recognizes that conflicts of interests should be avoided where they are likely to occur.||
Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect+ See more
each defendant's right to counsel.