SB0409 revises Tennessee’s court clerk fee and cost statutes in a comprehensive way, primarily by replacing and reorganizing Tennessee Code Annotated § 8-21-401 and related provisions. The bill establishes a new statewide schedule of filing fees, court costs, and clerk commissions for a wide range of case types in circuit, chancery, probate, juvenile, general sessions, criminal, and other courts, with specified fee amounts phased in beginning January 1, 2026 and continuing through January 1, 2028. It also clarifies when fees must be paid, allows clerks to seek dismissal or other relief if fees are not timely paid, preserves the ability to proceed by pauper’s oath, and permits attorneys to sign a cost bond in lieu of immediate payment in certain cases.
The bill also creates or revises several special charges and funding mechanisms. It earmarks $7 from each standard filing fee for clerk technology expenses, authorizes electronic filing transaction or subscription fees in courts that have approved e-filing systems, adds a $10 continuance fee with half deposited into county court security funding, and creates a new $2 litigation privilege tax in most civil and criminal cases for court clerk continuing education. It further adds a $5 administrative fee for certain traffic-related violations, updates cross-references in other statutes, and deletes two existing code sections related to clerk fees. The act takes effect January 1, 2026.
The bill’s impact on state law is broad because it rewrites the fee structure governing how clerks collect money in Tennessee courts and adjusts related tax and commission provisions in Titles 8, 18, 55, and 67. It affects litigants, attorneys, clerks, counties, and state agencies by changing filing costs, collection procedures, reimbursement limits, and the allocation of certain revenues to technology, security, and education accounts. It also preserves reduced or unchanged charges for indigent parties and for certain state-related proceedings, while making clear that some fees do not apply in criminal cases or to orders of protection handled under separate law.
The general sentiment reflected in the voting history appears favorable, with the Senate Judiciary Committee recommending passage by a 7-1 vote and the Senate Finance, Ways and Means Committee recommending passage unanimously, 10-0. That pattern suggests broad support for the bill’s overall restructuring of clerk fees and funding streams, though the single dissent in Judiciary indicates at least some concern about the scope or details of the changes. No committee transcript was provided, so the record does not show detailed debate.
The main points of contention likely center on the size and breadth of the new fees, the creation of additional charges on litigants, and the extent to which the bill shifts costs onto parties using the court system. Potential concerns include higher filing costs in civil, probate, and criminal matters; the new litigation tax for clerk education; the e-filing fees; and the continuance fee. At the same time, supporters likely view the bill as a funding and modernization measure that supports clerk technology, court security, and continuing education while preserving indigency protections and existing exceptions for certain cases.
This bill substantially amends Tennessee’s court-clerk fee statutes by replacing § 8-21-401, deleting §§ 8-21-408 and 8-21-409, and updating related cross-references in Titles 8, 18, 55, and 67. It establishes new fee schedules for multiple court types, authorizes additional clerk charges and commissions, creates a court clerk continuing education fund financed by a new $2 litigation privilege tax, and earmarks portions of filing fees for technology and court security. The bill affects litigants, attorneys, clerks, counties, and certain state proceedings by changing how and when fees are collected and how revenues are allocated.
The available voting history suggests the bill was generally well received. The Senate Judiciary Committee advanced it 7-1, and the Senate Finance, Ways and Means Committee advanced it unanimously 10-0. That indicates broad support for the bill’s overall approach, with only limited opposition at the committee stage. No transcript was provided, so there is no direct record of floor debate or detailed committee concerns.
The likely areas of contention are the new and increased fees imposed on court users, including higher filing fees, a new litigation privilege tax, e-filing charges, and a continuance fee. Critics may view the measure as increasing the cost of accessing the courts, especially in civil, probate, and criminal matters, while supporters may argue the fees are necessary to fund clerk technology, security, and training. The bill also preserves indigency protections and certain exemptions, which likely helped mitigate opposition, but the single dissent in Judiciary suggests at least some concern about the breadth of the fee changes or their impact on access to justice.