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1992 Tennessee Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagtn0119 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 January, 1992 92-06 CLERKS OF THE COURT:Clerk and Master: A Clerk and Master who possesses the qualifications under T.C.A. S36-5-401(3) may not be appointed as a child support referee under the terms and conditions of T.C.A. §36-5-402. Although the appointment of a Clerk and Master as a child support referee under T.C.A. S36-5-402 does not violate either Article II, Section 26 or Article VI, Section 7, of the Tennessee Constitution, the common law of this State prohibits a single individual from simultaneously holding incompatible offices. The offices of child support referee and Clerk and Master are incompatible in that the child support referee has the right to exercise some supervisory authority over the Clerk and Master. Tenn. Const., Art. II, S26, Art. VI, S7; T.C.A. §8-21-403, S8-24-101, §8-24-103, S36-5-101, S36-5-401-405, 536-5-501, S37-1-107, Tenn. Atty. Gen. Op. 84-268 (September 21, 1984) 92-01 CONSTITUTIONAL LAW/TENNESSEE:Reapportionment: A maximum population deviation of 10% between the largest and smallest districts for the Tennessee House of Representatives is considered de minimis, and thereby, prima facie constitutionally valid. Any deviation above 10% must be justified by a legitimate state interest such as maintaining the integrity of political subdivisions in reapportioning legislative districts. Tenn. Const. Art II, S4. 92-06 CONSTITUTIONAL LAW/TENESSEE, STATE OF:County Officers: A Clerk and Master who possesses the qualifications under T.C.A. S36-5-401(3) may not be appointed as a child support referee under the terms and conditions of T.C.A. S36-5-402. Although the appointment of a Clerk and Master as a child support referee under T.C.A. S36-5-402 does not violate either Article II, Section 26 or Article VI, Section 7, of the Tennessee Constitution, the common law of this State prohibits a single individual from simultaneously holding incompatible offices. The offices of child support referee and Clerk and Master are incompatible in that the child support referee has the right to exercise some supervisory authority over the Clerk and Master. Tenn. Const., Art. II, S26, Art. VI, S7; T.C.A. S8-21-403, S8-24-101, §8-24-103, S36-5-101, §36-5-401-405, §36-5-501, S37-1-107, Tenn. Atty. Gen. Op. 84-268 (September 21, 1984)