Is the Tennessee Claims Commission part of the judicial branch?

Subject

Opinion No. 13-111, The Tennessee Claims Commission, December 30, 2013

Plain-English summary

Rep. Susan Lynn asked three structural questions about the Tennessee Claims Commission, which has "exclusive jurisdiction to determine all monetary claims against the state" under Tenn. Code Ann. § 9-8-307.

1. Is the Claims Commission part of the judicial branch? No, it is part of the executive branch. The Tennessee Constitution divides government into three branches: Legislative, Executive, and Judicial. Tenn. Const. art. II, § 1. Tennessee courts have repeatedly held that administrative agencies are part of the executive branch, even when they exercise quasi-judicial functions. Barrett v. Tenn. Occupational Safety and Health Review Comm'n, 284 S.W.3d 784, 789 (Tenn. 2009); Plasti-Line v. Tenn. Human Rights Comm'n, 746 S.W.2d 691, 692 (Tenn. 1988). The Commission was created under Title 9, not Title 16 (the title that governs Tennessee courts). § 9-8-301(a) calls it an "administrative tribunal." § 9-8-301(b) attaches it to the Department of Treasury for administrative purposes. Stewart Title Guar. Co. v. McReynolds, 886 S.W.2d 233, 238 (Tenn. Ct. App. 1994), held that the Claims Commission is an administrative agency, not a court, and that the legislature properly entrusted state-claim adjudication to an administrative agency. The Commission has both quasi-judicial (§ 9-8-305) and quasi-legislative (§ 9-8-306) features but primarily acts to administer the General Assembly's statutory framework for claims against the state.

This conclusion is consistent with a 1983 AG opinion (Op. 83-207) treating the Board of Claims (the Commission's predecessor) as part of the executive branch.

2. Is a Claims Commissioner a member of the judiciary? No. Administrative judges and administrative personnel are not subject to the Article VI provisions for electing state judges. Barrett, 284 S.W.3d at 789 (citing Plasti-Line). "While [an administrative official] exercises a judicial or quasi-judicial function, still he is not a judge of a supreme or inferior court in the sense of the constitutional provision." State v. Tenn. Coal, Iron & R.R. Co., 29 S.W. 116, 123 (Tenn. 1895). Claims Commissioners are appointed by the Governor and confirmed by both houses of the General Assembly (§ 9-8-302(a)), not elected.

3. Are Commission employees and Commissioners subject to § 2-19-207's political-activity limits? Yes. § 2-19-207(a) prohibits any "person employed by the state" from active campaign work, attending political meetings, using official position to affect election results, or performing political duties during working hours. The "state employee" definition in § 8-42-101(3)(A) reaches both the Commissioners (state officials receiving compensation under § 9-8-303 as a "Class 1 Commissioner") and Commission staff (paid by the state under § 9-8-301). § 2-19-201(3) excludes from § 2-19-207 only popularly elected officials, officials elected by the General Assembly, qualified candidates for public office, teachers, governor's cabinet, and governor's staff. A Claims Commissioner is appointed (not elected by the General Assembly), so none of those exclusions apply.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Claims Commission's structure has been amended periodically. Its jurisdiction, the Commissioner appointment process, and ethics rules should be confirmed against current statutory text. The fundamental separation-of-powers analysis remains intact.

Background and statutory framework

Why does state sovereign immunity exist? Tenn. Const. art. I, § 17 says "[s]uits may be brought against the State in such manner and in such courts as the Legislature may by law direct." This makes state sovereign immunity a legislative-choice matter. The General Assembly has elected to channel monetary claims through an administrative tribunal rather than a court.

Tenn. Code Ann. § 20-13-102(a). "No court in the state shall have any power, jurisdiction or authority to entertain any suit against the state with a view to reach the state, its treasury, funds or property." The Claims Commission has exclusive jurisdiction over monetary claims against the state.

§ 9-8-301(a). Creates the Claims Commission as an "administrative tribunal."

§ 9-8-301(b). Attaches it to the Department of Treasury for administrative purposes.

§ 9-8-302(a). Appointment of Commissioners: Governor appoints, confirmation by resolution of both houses of the General Assembly.

§ 9-8-303. Compensation equal to a Class 1 Commissioner.

§§ 9-8-305, 9-8-306. Quasi-judicial (rulings on claims) and quasi-legislative (rulemaking) functions.

§ 9-8-307. Exclusive jurisdiction over monetary claims against the state.

§ 9-8-404. Transfer authority for some cases to circuit or chancery court.

Branch identification doctrine. Underwood v. State, 529 S.W.2d 45, 47 (Tenn. 1975): "[T]he legislative power is the authority to make, order, and repeal, the executive, that to administer and enforce, and the judicial, that to interpret and apply, laws." The Claims Commission primarily administers, with some interpretive overlay. So executive.

The Stewart Title decision. Plaintiff argued § 9-8-404 transfer authority gave the Commission unconstitutional concurrent jurisdiction with circuit and chancery courts (relying on Town of South Carthage v. Barrett, 840 S.W.2d 895 (Tenn. 1992)). Court of Appeals distinguished: suits against the state are fundamentally different from suits between private parties; the legislature can properly give an administrative agency power to adjudicate state claims. Stewart Title, 886 S.W.2d at 238.

§ 2-19-207 political activity restrictions. Prohibits state-employee political activity during working hours. § 2-19-201(3) exclusions are narrow.

Common questions

Does this affect a litigant's right to a Claims Commission hearing?

No. The Commission still adjudicates claims with full quasi-judicial procedures. The opinion just classifies the Commission within the structure of state government.

Can a Claims Commissioner be removed like a judge under impeachment procedures?

The Commissioner is appointed by the Governor and confirmed by both legislative houses (§ 9-8-302(a)), not elected as a judge. Removal procedures applicable to judges (Tenn. Const. art. VI) don't apply to Commissioners.

What does § 2-19-207 actually restrict?

Active campaign work on behalf of any party, committee, or candidate; attending political meetings or rallies during working hours; using official position to affect primary elections; or performing political duties during state work hours. It doesn't ban Commissioners or staff from voting, contributing personally, or expressing political views outside work hours.

Could the Commission be moved to the judicial branch?

The General Assembly could restructure if it chose, but doing so would raise constitutional questions about the legislature's power to allocate the function of adjudicating state claims (and the doctrine that state-claim adjudication is fundamentally legislative in nature, not judicial).

Does the Commission's status affect appeals from its decisions?

Appeals from Claims Commission decisions go to the Tennessee Court of Appeals on the usual administrative-appeal track, not as appeals from a trial court. The Commission's executive-branch classification reinforces that.

Citations

Constitutional: Tenn. Const. art. I, § 17; art. II, § 1; art. VI, §§ 1, 4. Statutory: Tenn. Code Ann. §§ 2-19-201(3), 2-19-207, 2-19-207(a), 8-42-101(3)(A), 9-8-301, 9-8-301(a), 9-8-301(b), 9-8-302(a), 9-8-303, 9-8-305, 9-8-306, 9-8-307, 9-8-404, 20-13-102(a). Cases: Underwood v. State, 529 S.W.2d 45 (Tenn. 1975); Richardson v. Young, 125 S.W. 664 (Tenn. 1910); Stewart Title Guar. Co. v. McReynolds, 886 S.W.2d 233 (Tenn. Ct. App. 1994); Town of South Carthage v. Barrett, 840 S.W.2d 895 (Tenn. 1992); Barrett v. Tenn. Occupational Safety and Health Review Comm'n, 284 S.W.3d 784 (Tenn. 2009); Plasti-Line v. Tenn. Human Rights Comm'n, 746 S.W.2d 691 (Tenn. 1988); State v. Tenn. Coal, Iron & R.R. Co., 29 S.W. 116 (Tenn. 1895). Prior AG opinion: Op. 83-207 (Apr. 22, 1983).

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-111.pdf

Original opinion text

December 30, 2013

Opinion No. 13-111

The Tennessee Claims Commission

QUESTIONS

1. Is the Tennessee Claims Commission, as found in Title 9 of the Tennessee Code, part of the judicial branch of government?

2. Is a Claims Commissioner, as found in Title 9, a member of the judiciary?

3. Are employees of the Claims Commission and the Claims Commissioners subject to Tenn. Code Ann. § 2-19-207?

OPINIONS

1. No. The Tennessee Claims Commission is part of the executive branch of government.

2. No. A Tennessee Claims Commissioner is not a member of the judiciary.

3. Yes. Employees of the Tennessee Claims Commission and Claims Commissioners are subject to Tenn. Code Ann. § 2-19-207.

ANALYSIS

1. The Tennessee Constitution decrees that "[t]he powers of the Government shall be divided into three distinct departments: the Legislative, Executive, and Judicial." Tenn. Const. art. II, § 1. Although "it is impossible to preserve perfectly the theoretical lines of demarcation" between the three branches, Underwood v. State, 529 S.W.2d 45, 47 (Tenn. 1975), "the legislative power is the authority to make, order, and repeal, the executive, that to administer and enforce, and the judicial, that to interpret and apply, laws." Id. (quoting Richardson v. Young, 125 S.W. 664 (1910)).

"Suits may be brought against the State in such manner and in such courts as the Legislature may by law direct." Tenn. Const. art. I, § 17. The General Assembly has directed that "[n]o court in the state shall have any power, jurisdiction or authority to entertain any suit against the state with a view to reach the state, its treasury, funds or property." Tenn. Code Ann. § 20-13-102(a). Instead of creating a court under Title 16, the General Assembly created "an administrative tribunal . . . known as the 'Tennessee claims commission'" under Title 9. Tenn. Code Ann. § 9-8-301(a). The Claims Commission "has exclusive jurisdiction to determine all monetary claims against the state." Tenn. Code Ann. § 9-8-307. It is attached to the Tennessee Department of Treasury for administrative purposes. Tenn. Code Ann. § 9-8-301(b).

The Tennessee Court of Appeals has concluded that the Claims Commission is an administrative agency. See Stewart Title Guar. Co. v. McReynolds, 886 S.W.2d 233, 238 (Tenn. Ct. App. 1994). In Stewart, the plaintiff argued that Tenn. Code Ann. § 9-8-404, which allows a Claims Commissioner to transfer some cases to circuit or chancery court, violates the separation-of-powers doctrine because "it gives the claims commission concurrent jurisdiction with the circuit or chancery courts." Id. A grant of concurrent jurisdiction to a municipal-corporation court over violations of criminal laws had been found unconstitutional in Town of South Carthage v. Barrett, 840 S.W.2d 895 (Tenn. 1992). Id. In Town of South Carthage, the Supreme Court determined that the municipal court had been vested with judicial power under Article VI, § 1, of the Tennessee Constitution, and so the judges must be elected under § 4 of the same article. Id. In Stewart though, the Court concluded that there was no constitutional violation because suits against the State are fundamentally different and that "it is proper for the legislature to give the power to adjudicate such claims to an administrative agency." Id.

"Administrative agencies are part of the executive branch of government." Barrett v. Tenn. Occupational Safety and Health Review Comm'n, 284 S.W.3d 784, 789 (Tenn. 2009). Although an administrative agency "may have judicial characteristics and may be required to perform quasi-judicial functions, an agency is not part of the judicial branch of government." Id. Thus, even administrative tribunals are part of the executive branch. See, e.g., Barrett, 284 S.W.3d at 784; Plasti-Line v. Tenn. Human Rights Comm'n, 746 S.W.2d 691, 692 (Tenn. 1988).

The Claims Commission has both quasi-judicial functions, see Tenn. Code Ann. § 9-8-305, and quasi-legislative functions, see Tenn. Code Ann. § 9-8-306. However, the Commission primarily acts as part of the executive branch to administer the statutory provisions created by the General Assembly.

Therefore, the Claims Commission is not part of the judicial branch but rather is part of the executive branch of government. This conclusion is consistent with an earlier opinion of this Office concluding that the Board of Claims, the precursor to the Claims Commission, was part of the executive branch of government. See Tenn. Att'y. Gen. Op. 83-207 (Apr. 22, 1983).

2. The General Assembly prescribed the appointment, term, necessary qualifications, compensation, and powers of a Claims Commissioner exclusively in Title 9. It is well settled that "[a]dministrative judges and personnel are not subject to the constitutional provisions [in article VI] pertaining to the election of state judges." Barrett, 284 S.W.3d at 789 (citing Plasti-Line, 746 S.W.2d at 694). "While [an administrative official] . . . exercises a judicial or quasi-judicial function, still he is not a judge of a supreme or inferior court in the sense of the constitutional provision . . . ." Id. (quoting State v. Tenn. Coal, Iron & R.R. Co., 29 S.W. 116, 123 (Tenn. 1895)). Therefore, a Claims Commissioner is not a member of the judiciary.

3. Tennessee Code Ann. § 2-19-207 provides in relevant part:

It is unlawful for any person employed by the state to engage actively in a political campaign on behalf of any party, committee, organization, agency or political candidate, or to attend political meetings or rallies or to otherwise use such person's official position or employment to interfere with or affect the result of any regular of special primary election conducted within the state, or to perform political duties or functions of any kind not directly at part of such person's employment, during those hours of the day when such person is required by law or administrative regulation to be conducting the business of the state.

Tenn. Code Ann. § 2-19-207(a). By its plain language, the statute applies to any person "employed by the state." Id.

A "state employee" is defined as "any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly, or any person who is employed in the service of and whose compensation is payable by the state." Tenn. Code Ann. § 8-42-101(3)(A). The members of the Claims Commission's staff are employed in the service of, and their compensation is paid by, the State. Tenn. Code Ann. § 9-8-301. Similarly, a Claims Commissioner is a state official who receives the same compensation as a Class 1 Commissioner. See Tenn. Code Ann. § 9-8-303. Accordingly, both a Claims Commissioner and the employees of the Claims Commission are "employed by the state."

The following state employees are excluded from § 2-19-207: "[P]opularly elected officials, officials elected by the General Assembly, qualified candidates for public office, teachers, as defined by § 49-1501 [repealed], members of the governor's cabinet, and members of the governor's staff." Tenn. Code Ann. § 2-19-201(3). A Claims Commissioner is not elected by the General Assembly but rather "appointed by the governor with confirmation by resolution of both houses of the general assembly." Tenn. Code Ann. § 9-8-302(a). Therefore, a Claims Commissioner and the employees of the Claims Commission are subject to the provisions of Tenn. Code Ann. § 2-19-207.

ROBERT E. COOPER, JR.
Attorney General and Reporter

JOSEPH F. WHALEN
Associate Solicitor General

STEPHANIE A. BERGMEYER
Assistant Attorney General

Requested by:

The Honorable Susan Lynn
State Representative
104 War Memorial Building
Nashville, Tennessee 37243