JACKSON, Tenn. — The Tennessee Comptroller’s Office said it has turned over an investigation into the Madison County Clerk’s Office in Jackson, Tennessee to the District Attorney General for the 26th Judicial District, after finding a county commissioner would charge a fee to officiate marriage ceremonies.
According to the comptroller, the commissioner, who was not named in the release, would charge a $50-$60 fee to officiate marriage ceremonies in the county, violating state law. Tennessee law says county commissioners are authorized to solemnize marriages and can accept a gratuity, but they may not demand or charge a fee or any other form of compensation.
According to the comptroller, from January 2015 to July 2021, the commissioner performed at least 1,970 marriages and collected $115,220 in unlawful fees for the ceremonies.
According to Investigators, the commissioner would often text message before the ceremony, referencing “my gratuity,” and setting a $60 cash price for the service. The comptroller said that by setting a fixed price, he was clearly requiring payment rather than accepting a gratuity.
Investigators also said some deputy clerks with the Madison County Clerk’s Office directed and referred a majority of marriage ceremonies to the county commissioner, sometimes scheduling appointments and collecting money on his behalf.
“The Madison County Clerk must ensure his staff remain impartial when sharing a list of potential marriage officiants with members of the public,” said Comptroller Jason Mumpower. “I’m hopeful this investigation also serves to remind public officials about the state law prohibiting them from charging a fee for a public service unless it is expressly allowed by statute.”
To view the investigative report, go to tncot.cc/doireports.
