flag of tennessee2024 Tennessee Code Unannotated

Title 17 Judges And Chancellors

Chapter 1 General Provisions
Part 1 Qualifications and Selection
§ 17-1-101. Age.
  1. A judge of the supreme court shall be thirty-five (35) years of age; of other courts, thirty (30) years of age.
History (4)
  • Code 1858, § 3910 (deriv. Const. 1834, art. 6, §§ 3, 4)
  • Shan., § 5703
  • Code 1932, § 9889
  • T.C.A. (orig. ed.), § 17-101.
§ 17-1-102. Residence.
  1. Each judge and chancellor of a circuit, criminal or chancery court is required to reside in the judicial district or division for which the judge and chancellor is elected, and a removal from the judicial district or division creates a vacancy in the office.
Backlinks (1)
History (6)
  • Code 1858, § 3914 (deriv. Acts 1809 (Sept.), ch. 49, § 7
  • 1835-1836, ch. 5, § 2)
  • Shan., § 5707
  • Code 1932, § 9893
  • modified
  • T.C.A. (orig. ed.), § 17-102.
§ 17-1-103. Election.
  1. (a) The judges of the supreme court, the court of appeals, and the court of criminal appeals shall be elected by the qualified voters of the state in a statewide retention election conducted in accordance with chapter 4, part 1 of this title, and any appointments to fill a vacancy or a full eight-year term shall be made in accordance with chapter 4, part 1 of this title.
  2. (b) The chancellors, circuit court judges, criminal court judges, and judges of any other state trial court of record shall be elected by the qualified voters of their respective judicial districts, as provided in the general election law set forth in title 2, and any appointments due to a vacancy in any of these offices shall be made in accordance with chapter 4, part 3 of this title.
History (6)
  • Code 1858, §§ 307, 308 (deriv. Const. 1834, art. 6, §§ 3, 4)
  • Shan., § 374
  • mod. Code 1932, § 631
  • impl. am. Acts 1967, ch. 226, § 3
  • T.C.A. (orig. ed.), § 17-103
  • Acts 2016, ch. 528, § 6.
§ 17-1-104. Oath of office.
  1. Before entering upon the duties of office, every judge and chancellor in this state is required to take an oath or affirmation to support the constitutions of the United States and that of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent on a judge or chancellor, to the best of the judge's or chancellor's skill and ability. The oath shall be administered in accordance with title 8 or any other applicable law.
Backlinks (1)
History (9)
  • Code 1858, §§ 309, 310, 3911
  • Acts 1870, ch. 24, § 2
  • Shan., §§ 378, 379, 5704
  • mod. Code 1932, §§ 635, 636, 9890
  • modified
  • impl. am. Acts 1979, ch. 68, § 3
  • T.C.A. (orig. ed.), § 17-104
  • Acts 2010, ch. 620, § 1
  • 2015, ch. 38, § 1.
§ 17-1-105. Practice of law prohibited — Exception for wind up of practice of newly elected or appointed judge or chancellor.
  1. No judge or chancellor shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge or chancellor may have been employed as counsel previous to the judge's or chancellor's election. A newly elected or appointed judge or chancellor can practice law only in an effort to wind up the judge or chancellor's practice, ceasing to practice as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming office.
History (5)
  • Code 1858, § 3912 (deriv. Acts 1851-1852, ch. 331, § 1)
  • Shan., § 5705
  • Code 1932, § 9891
  • T.C.A. (orig. ed.), § 17-105
  • Acts 2012, ch. 789, § 3.
§ 17-1-106. Judges to be lawyers — Exceptions.
  1. (a) In addition to the qualifications provided for judges by the Constitution of Tennessee, Article VI, §§ 3 and 4, judges of the supreme court, court of appeals, court of criminal appeals, chancery courts, circuit courts, criminal courts, and courts exercising the jurisdiction imposed in one (1) or more of the chancery courts, circuit courts, or criminal courts shall be learned in the law, which must be evidenced by the judge:
    1. (1) Being authorized to practice law in the courts of this state;
    2. (2) Being in good standing with the board of professional responsibility; and
    3. (3) Not having been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law within the ten (10) years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this subdivision (a)(3) does not apply to those serving in a judicial position as of October 1, 2022.
  2. (b)
    1. (1) This section shall not apply to courts of general sessions in counties of this state having a population according to the federal census of 1960 or any subsequent federal census as follows:
      3. 4,0004,500
      4. 4,7004,800
      5. 4,9004,950
      6. 5,1005,200
      7. 5,2505,300
      8. 5,9006,000
      9. 6,2506,300
      10. 7,2507,300
      11. 7,8007,825
      12. 8,0008,400
      13. 8,4008,500
      14. 8,5008,600
      15. 9,5009,571
      16. 10,60010,700
      17. 11,50011,511
      18. 11,51211,525
      19. 11,85011,900
      20. 11,90011,950
      21. 12,17012,200
      22. 12,50012,600
      23. 13,00013,500
      24. 14,30014,400
      25. 15,40015,500
      26. 16,10016,200
      27. 17,00017,500
      28. 18,00018,500
      29. 18,80018,850
      30. 19,00019,100
      31. 19,10020,000
      32. 21,00021,100
      33. 21,45021,500
      34. 21,50021,600
      35. 22,20022,300
      36. 24,20024,240
      37. 25,50025,600
      38. 26,95027,000
      39. 27,65027,700
      40. 28,60028,650
      41. 30,40030,500
      42. 39,10039,200
      43. 41,55041,600
      44. 42,15042,200
      45. 250,000300,000
    2. (2) This section shall not apply to judges of the county courts nor to chairs of county courts in the various counties of this state except in those counties where such judges or chairs exercise general criminal jurisdiction normally exercised by the criminal and circuit courts, jurisdiction of purely civil cases in which a jury is provided for, except insanity proceedings and condemnation of land proceedings, and jurisdiction to hear and determine divorce cases.
  3. (c)
    1. (1) Notwithstanding any provision of subsection (b) to the contrary, this section shall apply to any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census.
    2. (2) Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (⅔) vote of the county legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and shall be certified by such officer to the secretary of state.
  4. (d) Notwithstanding any other public or private act, law or charter provision, subsection (a) shall also apply to judges of city courts of all cities of this state having a population in excess of one hundred sixty thousand (160,000), according to the federal census of 1980 or any subsequent federal census.
Backlinks (3)
History (10)
  • Acts 1961, ch. 283, § 1
  • 1965, ch. 85, § 1
  • 1965, ch. 336, § 1
  • 1973, ch. 312, § 1
  • 1974, ch. 521, § 1
  • T.C.A., § 17-119
  • modified
  • Acts 1983, ch. 180, §§ 1, 2
  • 1983, ch. 201, § 1
  • 2022, ch. 1120, § 1.
§ 17-1-107. Uniformly reported caseload statistics.
  1. No additional state trial judge positions shall be created until the Tennessee comptroller of the treasury has established uniformly reported caseload statistics, which may include a weighted caseload formula and that prioritizes the need for additional positions among the judicial districts. The Tennessee comptroller of the treasury shall certify the data to the civil justice committee of the house of representatives and the judiciary committee of the senate.
History (5)
  • Acts 1997, ch. 430, § 2
  • 2013, ch. 236, § 37
  • 2019, ch. 345, § 27
  • 2019, ch. 420, § 24
  • 2021, ch. 64, § 16.
Part 2 Miscellaneous Duties and Powers
§ 17-1-201. Attendance at court required.
  1. Every judge and chancellor is required to hold the terms of courts for which the judge or chancellor is responsible at the regular times appointed by law, unless prevented by sickness of the judge or the judge's family or by some other unavoidable necessity.
History (4)
  • Code 1858, § 3937 (deriv. Acts 1853-1854, ch. 39, § 2)
  • Shan., § 5741
  • Code 1932, § 9933
  • T.C.A. (orig. ed.), § 17-106.
§ 17-1-202. Penalty for failure to open court.
  1. Any judge or chancellor who fails to open court for which the judge or chancellor is responsible within the first three (3) days of each regular term, without sufficient excuse, shall have one hundred dollars ($100) of salary deducted for the failure.
History (4)
  • Code 1858, § 3939 (deriv. Acts 1853-1854, ch. 39, § 1)
  • Shan., § 5743
  • Code 1932, § 9934
  • T.C.A. (orig. ed.), § 17-107.
§ 17-1-203. Powers in other districts.
  1. The judges and chancellors are, notwithstanding § 17-1-102, judges and chancellors for the state at large, and as such, may, upon interchange and upon other lawful ground, exercise the duties of office in any other judicial district in the state.
History (7)
  • Code 1858, § 3915 (deriv. Acts 1822, ch. 10, §§ 1, 2
  • 1826, ch. 2, § 2
  • 1855-1856, ch. 24)
  • Shan., § 5708
  • Code 1932, § 9894
  • modified
  • T.C.A. (orig. ed.), § 17-108.
§ 17-1-204. Extraordinary process.
  1. (a) The judges and chancellors shall have interchangeable and concurrent jurisdiction to grant injunctions, attachments and all other extraordinary process, issuable out of, and returnable to, any of the circuit or chancery courts of this state.
  2. (b) Upon making the requisite fiats for, and granting such extraordinary process, it shall be the duty of the judge or chancellor to enclose the papers accompanying the application and the order made, in a sealed envelope, directed to the clerk of the court to which the fiat is directed, which envelope shall be opened only by the clerk or the clerk's deputy.
History (5)
  • Code 1858, §§ 3946, 3947 (deriv. Acts 1825, ch. 71, § 3
  • 1835-1836, ch. 4, § 9)
  • Shan., §§ 5750, 5751
  • Code 1932, §§ 9946, 9947
  • T.C.A. (orig. ed.), § 17-109.
§ 17-1-205. Appointment of receivers.
  1. The judges of the circuit courts and chancellors may also concurrently appoint receivers in vacation, whenever necessary in the proceedings of either the circuit or chancery courts, and the clerks of the courts, when required by the fiat, shall take bond with good security, from the receiver or applicant, as the case may be, for the faithful discharge of the duties of receiver.
History (4)
  • Code 1858, § 3948 (deriv. Acts 1833, ch. 47, § 1)
  • Shan., § 5752
  • Code 1932, § 9948
  • T.C.A. (orig. ed.), § 17-110.
§ 17-1-206. Marriage rites.
  1. The several judges and chancellors of this state, including retired chancellors and retired judges of courts of record of this state and persons who were members of quarterly county courts or county commissions on August 1, 1984, are authorized to solemnize the rites of matrimony. For the purposes of this section, the several judges of the United States courts who are citizens of Tennessee are deemed to be judges of this state.
History (8)
  • Code 1858, § 3949 (deriv. Acts 1845-1846, ch. 168, § 4)
  • Shan., § 5753
  • Code 1932, § 9949
  • Acts 1965, ch. 11, § 1
  • 1973, ch. 66, § 2
  • T.C.A. (orig. ed.), § 17-111
  • Acts 1985, ch. 223, §§ 1, 2
  • 2003, ch. 376, §§ 1, 2.
Part 3 Vacancies
§ 17-1-301. Vacancies in office.
  1. (a) If a vacancy occurs during the term of office of a judge of the supreme court, the court of appeals, or the court of criminal appeals, then the governor shall appoint a qualified person to fill the vacancy. The governor's appointee shall be confirmed and shall stand for election in a retention election in accordance with chapter 4, part 1 of this title.
  2. (b) If a vacancy occurs in the office of a chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record, the vacancy shall be filled in accordance with chapter 4, part 3 of this title.
History (14)
  • Acts 1870, ch. 24, § 6
  • 1871, ch. 128, §§ 1, 2
  • 1895, ch. 76, § 6
  • Shan., §§ 381, 6316
  • mod. Code 1932, §§ 637, 10609
  • modified
  • Acts 1965, ch. 289, § 1
  • impl. am. Acts 1967, ch. 226, § 3
  • 1969, ch. 138, § 1
  • 1979, ch. 384, § 1
  • T.C.A. (orig. ed.), § 17-112
  • Acts 1999, ch. 315, § 1
  • 2007, ch. 190, § 1
  • 2016, ch. 528, § 7.
§ 17-1-303. Vacancy in office of county judge.
  1. (a) Whenever a vacancy, either by death, resignation or removal, occurs in the office of county judge, it shall be filled by the qualified voters of the county at the first regular election in August for any of the county officers, more than forty-five (45) days after the happening of the vacancy. In the meantime, the county legislative body, at its first meeting after the happening of the vacancy, shall elect a person learned in the law and legally qualified to discharge the duties of the office until the election by the people can be had. If the county legislative body fails or refuses to elect a successor to fill the office until the next regular August election, at its first meeting after the happening of the vacancy, then the governor shall appoint some person learned in the law and legally qualified to discharge the duties of the office, who shall serve until the next regular election in August, at which time the vacancy shall be filled by the qualified voters of the county.
  2. (b) Unless the county legislative body is to have a regular meeting within ten (10) days after the vacancy occurs, it shall be the duty of the county clerk, or, in the county clerk's absence or inability to act, of the county clerk's deputy, and the clerk or deputy is empowered, immediately upon the occurrence of the vacancy, to give notice of a special meeting of the county legislative body to be held ten (10) days after the date of the notice, unless the date thus set falls upon a Sunday or holiday, in which case the meeting shall be fixed for the next business day, for the election of the person to fill the vacancy. The meeting shall be held upon the date thus fixed, and the presiding officer for the meeting shall be elected by the county legislative body.
History (8)
  • Acts 1871, ch. 128, § 3
  • Shan., § 386
  • mod. Code 1932, § 641
  • Acts 1933, ch. 141, § 1
  • mod. C. Supp. 1950, § 641
  • Acts 1965, ch. 289, § 3
  • impl. am. Acts 1978, ch. 934, §§ 7, 22, 36
  • T.C.A. (orig. ed.), § 17-115.
§ 17-1-304. Powers after vacation of office.
  1. (a) Whenever any trial judge vacates the office of judge for any cause whatsoever, other than the death or permanent insanity of the judge, the judge shall have and retain, as to cases pending before the judge, the trial of which has begun prior to the judge's vacation of office, all the powers in connection with the cases that the judge might have exercised therein, had the vacation of office not occurred.
  2. (b) The judge's powers in this respect shall not extend beyond sixty (60) days from the date of such vacation of office.
  3. (c) The powers shall especially include, but shall not be limited to, the right to render judgments, to hear and determine motions for new trial, to grant appeals and to approve bills of exceptions.
  4. (d) The powers may be exercised by the judge either within or without the geographical limits assigned by law to the judge.
History (4)
  • Acts 1945, ch. 21, § 1
  • C. Supp. 1950, § 9949.1
  • Acts 1973, ch. 116, § 1
  • T.C.A. (orig. ed.), § 17-116.
§ 17-1-305. New trial in event of vacancy in office.
  1. When a vacancy in the office of trial judge exists by reason of death, permanent insanity as evidenced by adjudication, impeachment and conviction under the Constitution of Tennessee, Article V, or removal under the Constitution of Tennessee, Article VI, §  6, after verdict, but before the hearing of the motion for new trial, the trial judge's successor shall rule on the defendant's motion for new trial after the successor judge has reviewed the transcript and entire record of the trial.
History (5)
  • Acts 1945, ch. 21, § 2
  • mod. C. Supp. 1950, § 9949.2
  • T.C.A. (orig. ed.), § 17-117
  • Acts 1994, ch. 833, § 1
  • 1996, ch. 926, § 1.
§ 17-1-306. Death or insanity pending appeal.
  1. (a) Whenever such a vacancy arising from death or permanent insanity, evidenced by adjudication, occurs after disposition of the motion for new trial and appeal prayed and granted, but before the expiration of the time allowed for filing the bill of exceptions, the successor judge has and possesses the power to approve the bill of exceptions in such case if, after hearing, the successor judge finds that it fairly states the truth of the case.
  2. (b) If such successor judge is unable to determine the truth of the case as stated in the bill of exceptions, the successor judge has the power to award a new trial to the losing party.
History (3)
  • Acts 1945, ch. 21, § 3
  • C. Supp. 1950, § 9949.3
  • T.C.A. (orig. ed.), § 17-118.
Part 4 Secretarial Assistance
§ 17-1-401. Provision for secretarial assistance.
  1. (a) Secretarial assistance to trial judges and chancellors of courts of record whose entire compensation is paid by this state shall be provided on the basis of need by the administrative director of the courts.
  2. (b) In addition to the judges and chancellors set out in subsection (a), the administrative director of the courts shall provide a salary supplement to an existing secretary to the judge of any court created by private act that is located in a county having a metropolitan form of government and a population in excess of three hundred thousand (300,000), according to the 1980 federal census or any subsequent federal census, if the judge of the local court has concurrent criminal and civil jurisdiction with judges of courts of record. The amount of the salary supplement shall be equal to the salary supplement provided a secretary of the circuit court of the county.
History (4)
  • Acts 1967, ch. 175, § 1
  • T.C.A., § 17-120
  • Acts 1991, ch. 379, § 1
  • 1993, ch. 66, §§ 28, 29.
§ 17-1-402. Fixing of salaries — Approval by chief justice — Payment.
  1. (a) All salaries for secretarial positions shall be fixed within the limits of the appropriation for the salaries by the administrative director of the courts and the commissioner of finance and administration, with the approval of the chief justice of the supreme court.
  2. (b) The salaries shall be payable in equal monthly installments out of the treasury upon the warrants of the commissioner of finance and administration.
History (3)
  • Acts 1967, ch. 175, § 2
  • T.C.A., § 17-121
  • Acts 1993, ch. 66, § 30.
§ 17-1-403. Sole authority authorizing secretarial assistance.
  1. It is declared to be the legislative intent that this part shall supersede any and all existing general laws authorizing secretarial assistance for trial judges and chancellors or providing for their compensation, and that this part constitutes the sole authority for such purposes.
History (2)
  • Acts 1967, ch. 175, § 3
  • T.C.A., § 17-122.
Chapter 2 Special Judges and Interchange
Part 1 Special Judges
§ 17-2-101. Grounds of incompetency.
  1. No judge or chancellor shall be competent, except by consent of all parties, to sit in the following cases:
    1. (1) Where the judge or chancellor is interested in the event of any cause;
    2. (2) Where the judge or chancellor is connected with either party, by affinity or consanguinity, within the sixth degree, computing by the civil law;
    3. (3) Where the judge or chancellor has been of counsel in the cause;
    4. (4) Where the judge or chancellor has presided on the trial in an inferior court; or
    5. (5) In criminal cases for felony, where the person upon whom, or upon whose property, the felony has been committed, is connected with the judge or chancellor by affinity or consanguinity within the sixth degree, computing by the civil law.
History (6)
  • Code 1858, § 3913 (deriv. Acts 1825, ch. 54, § 2
  • 1835-1836, ch. 68, § 1
  • 1843-1844, ch. 25, § 1)
  • Shan., § 5706
  • Code 1932, § 9892
  • T.C.A. (orig. ed.), § 17-201.
§ 17-2-102. Incompetency of supreme court judges.
  1. The judges of the supreme court, within the first week of each term, or as soon thereafter as the fact comes to their knowledge, shall certify to the governor all cases upon the docket in which any of them are incompetent to sit, upon the receipt of which certificate the governor shall appoint and commission the requisite number of competent lawyers to dispose of the causes.
Backlinks (1)
History (4)
  • Code 1858, § 3919 (deriv. Acts 1835-1836, ch. 68, § 1)
  • Shan., § 5715
  • Code 1932, § 9901
  • T.C.A. (orig. ed.), § 17-202.
§ 17-2-103. Powers of special supreme court judges.
  1. The special judges commissioned pursuant to §  17-2-102 shall hear and determine the causes in the commission set forth, and all such other causes during the same term, and shall have the same power and authority in those causes as the regular judges of the court.
History (4)
  • Code 1858, § 3920 (deriv. Acts 1835-1836, ch. 68, § 1)
  • Shan., § 5716
  • Code 1932, § 9902
  • T.C.A. (orig. ed.), § 17-203.
§ 17-2-104. Sickness of judges of supreme court.
  1. In case of the sickness of any one (1) or more of the judges of the supreme court, the governor shall have the power to commission persons learned in law to fill the vacancy during the illness of the judge or judges.
History (6)
  • Acts 1868-1869, ch. 28, § 3
  • 1895, ch. 76, § 7
  • Shan., § 5725
  • mod. Code 1932, § 9914
  • modified
  • T.C.A. (orig. ed.), § 17-204.
§ 17-2-105. Special judges for appellate courts.
  1. In case of the incompetency, sickness or other disability of any judge of the court of appeals or court of criminal appeals, the governor shall have the power to commission a person to fill the vacancy during the incompetency, sickness or other disability of the judge, and the person so appointed shall be paid the same salary for the time served and receive the same expense allowance as that allowed the regular judge.
History (6)
  • Acts 1895, ch. 76, § 7
  • Shan., § 6317
  • mod. Code 1932, § 10610
  • Acts 1961, ch. 231, § 1
  • impl. am. Acts 1967, ch. 226, § 1
  • T.C.A. (orig. ed.), § 17-205.
§ 17-2-106. Compensation of special supreme court judge.
  1. Special judges of the supreme court shall in all cases be paid the same salary for the time served and receive the same expense allowance as are allowed the regular judges.
History (6)
  • Code 1858, § 3930 (deriv. Acts 1835-1836, ch. 68, § 2)
  • Acts 1895, ch. 76, § 7
  • Shan., § 5729
  • mod. Code 1932, § 9918
  • Acts 1961, ch. 231, § 2
  • T.C.A. (orig. ed.), § 17-206.
§ 17-2-107. General sessions judges.
  1. The provisions of this chapter in relation to the incompetency of judges and chancellors, and to the disposition of causes in which they are incompetent, shall equally apply to judges of the courts of general sessions, and the judges may interchange with each other when necessary for the dispatch of business.
History (6)
  • Code 1858, § 3925
  • Shan., § 5722
  • Code 1932, § 9908
  • modified
  • impl. am. Acts 1978, ch. 934, § 36
  • T.C.A. (orig. ed.), § 17-213.
§ 17-2-109. Special judge by judicial appointments.
  1. (a)
    1. (1) Whenever litigation in any chancery, circuit, criminal, general sessions, juvenile, probate or appellate court of this state becomes congested or delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court shall assign a retired or regular chancellor or judge to assist in the removal of the congestion or delay; provided, that the assignment shall not materially interfere with the performance of the assigned chancellor's or judge's official duties. In such situation both chancellors or judges may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes.
    2. (2) Whenever litigation in any chancery or circuit court of this state becomes congested, or whenever litigation in any chancery or circuit court has required the recusal of a chancellor or judge, or whenever delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court may assign a former chancellor or judge to assist in the removal of the congestion or delay.
  2. (b) Notwithstanding subsection (a), any chancellor or judge has the discretion to request another chancellor or judge to assist in the removal of congestion or delay if the original chancellor or judge becomes aware of the need for assistance before the supreme court makes the assignment; and, in such situation, both the requesting chancellor or judge and the requested chancellor and judge may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes.
  3. (c) Nothing in this section shall be construed to interfere with the appointment of special chancellors or judges as provided elsewhere by statute.
Backlinks (3)
History (9)
  • Acts 1949, ch. 278
  • § 1
  • C. Supp. 1950, § 9945.7 (Williams, § 9923.1)
  • Acts 1963, ch. 87, § 1
  • T.C.A. (orig. ed.), § 17-215
  • Acts 1987, ch. 65, § 1
  • 1995, ch. 236, § 1
  • 1997, ch. 473, § 5
  • 1999, ch. 23, § 1.
§ 17-2-110. Special judge assigned by chief justice upon certification.
  1. (a) When any chancellor or circuit, criminal or appellate judge is, for any reason, unable to try the docket in any court of the chancellor's or judge's division or circuit, the chancellor or judge shall certify to the chief justice of the supreme court the fact of the inability, with a request that the chief justice assign some other chancellor, circuit, criminal or appellate judge to hear the case or cases that the chancellor or judge is unable to hear and decide.
  2. (b) It is the duty of the chief justice to designate some other chancellor or circuit or criminal judge who is not or will not be engaged in hearing causes in that chancellor's or judge's own division or circuit to repair to the place where the case or cases mentioned in subsection (a) are to be heard, and hear and decide the case or cases in all respects as if the chancellor or judge were the duly elected judge of that division or circuit.
  3. (c) It shall be no objection to the authority of the assigned chancellor or judge that the regular chancellor or judge is engaged in the hearing of causes in the same or another county of the same division or circuit.
Backlinks (1)
History (5)
  • Acts 1919, ch. 166, § 1
  • Shan. Supp., § 5917a3
  • Code 1932, § 9929
  • T.C.A. (orig. ed.), § 17-216
  • Acts 1987, ch. 65, § 2.
§ 17-2-111. Expenses of assigned judge or chancellor.
  1. The expenses of the chancellor, judge or appellate judge who serves as assigned by the chief justice under § 17-2-109 or § 17-2-110, or the retired judge designated or assigned in accordance with § 16-3-502(3)(B), shall be certified by the chancellor, judge, appellate judge or retired judge pursuant to policies and guidelines promulgated by the supreme court. The expenses shall be paid in addition to the regular salary of the judge.
History (10)
  • Acts 1919, ch. 166, § 2
  • Shan Supp., § 5917a4
  • mod. Code 1932, § 9930
  • impl. am. Acts 1937, ch. 33, § 24
  • modified
  • impl. am. Acts 1959, ch. 9, § 3
  • impl. am. Acts 1961, ch. 97, § 3
  • T.C.A. (orig. ed.), § 17-217
  • Acts 1987, ch. 65, § 3
  • 1993, ch. 196, § 3.
§ 17-2-112. Transfers from chancery to circuit court because of incompetency.
  1. When any chancellor is incompetent to try any cause in the court for which the chancellor is responsible, a circuit judge may hear and determine the cause as chancellor, for which purpose the clerk of the chancery court shall bring before the chancellor all the papers in the cause, and the necessary entries shall be made on the minutes of the chancery court, and signed by the circuit judge presiding.
Backlinks (1)
History (5)
  • Code 1858, § 3922 (deriv. Acts 1843-1844, ch. 126, § 1)
  • Shan., § 5718
  • Code 1932, § 9904
  • T.C.A. (orig. ed), § 17-218
  • Acts 2012, ch. 789, § 4.
§ 17-2-113. Circuit judge acting as chancellor.
  1. Any circuit judge may also during the sittings of a chancery court, upon notification of a cause in which the chancellor is incompetent, as provided in § 17-2-112, take the place of the chancellor on the bench and hear and determine the cause as chancellor, the necessary entry being made on the minutes of the court and signed by the circuit judge.
History (5)
  • Code 1858, § 3923 (deriv. Acts 1843-1844, ch. 126, § 1
  • 1855-1856, ch. 24)
  • Shan., § 5719
  • Code 1932, § 9905
  • T.C.A. (orig. ed.) § 17-219.
§ 17-2-115. Certification of incompetency to governor.
  1. When any judge of any circuit court, criminal court, or chancellor, or judge or chancellor of any special court of equal dignity with circuit or chancery court, certifies to the governor that the judge or chancellor is incompetent to hold the judge's or chancellor's court, or to try any cause or causes pending in the judge's or chancellor's court, the governor shall appoint some person learned in the law and constitutionally qualified to discharge the duties of the office of judge or chancellor, to hold the court or try the cause or causes.
History (4)
  • Acts 1871, ch. 128, § 4
  • Shan., § 5734
  • Code 1932, § 9923
  • T.C.A. (orig. ed.), § 17-221.
§ 17-2-116. Disability of judges or chancellors.
  1. (a)
    1. (1) When any of the judges of the circuit courts, criminal courts, other special courts or courts of general sessions, or any of the chancellors, is unable from sickness or other physical disability to attend and hold any of the courts at the time and place required by law, the governor shall appoint and commission a special judge who shall have the same qualifications as the regular judge to attend and hold such courts for and during the absence or disability of any such judges.
    2. (2) If a judge or chancellor does not certify the disability to the governor, and the chief justice of the supreme court determines that the judge or chancellor has been and is so disabled as to prevent the judge or chancellor from carrying out the responsibilities and duties of the judge's or chancellor's office for a period of ninety (90) days or more, then the chief justice shall have the authority to certify the disability to the governor. The governor shall appoint and commission a special judge who shall have the same qualifications as the regular judge or chancellor to attend and hold court during the period of disability of any such judge or chancellor. The special judge shall serve until the chief justice certifies to the governor that the judge or chancellor is no longer disabled.
  2. (b) In the event a judge or chancellor who is certified as disabled pursuant to this section subsequently dies or retires, any special judge or chancellor serving for the deceased or retired judge shall continue to serve until such time as the successor of the deceased or retired judge or chancellor is duly elected, qualified and installed in office in the manner provided by law, and may be a candidate for this office in the election.
Backlinks (2)
History (10)
  • Code 1858, § 3927 (deriv. Acts 1835-1836, ch. 68, §§ 1, 3)
  • Shan., § 5724
  • Code 1932, § 9913
  • Acts 1941, ch. 28, § 1
  • C. Supp. 1950, § 9913
  • Acts 1959, ch. 150, § 1
  • 1972, ch. 532, § 1
  • impl. am. Acts 1978, ch. 934, § 36
  • T.C.A., (orig. ed.), § 17-222
  • Acts 1989, ch. 153, §§ 1, 2.
§ 17-2-117. Powers of special judges or chancellors.
  1. (a) The person appointed and commissioned pursuant to § 17-2-116 shall have all the power and authority of the regular judge or chancellor in whose place the person is appointed, shall draw the same salary, have the same emoluments of office and shall continue to hold the courts and exercise the duties of the office, including the power to appoint a secretary at the same salary and under the same provisions as the regular judge or chancellor may have, which shall be in lieu of the secretarial help to which the regular judge or chancellor is entitled, until the regular judge recovers from the sickness or disability and appears on the first day of the term for the purposes of resuming the functions of judge or chancellor.
  2. (b) Nothing in subsection (a) shall be construed to empower the special chancellor to appoint the clerks and masters of the chancery courts, which appointive power shall remain with the regular chancellor.
Backlinks (1)
History (5)
  • Code 1858, § 3928 (deriv. Acts 1835-1836, ch. 68, §§ 1, 3)
  • Shan., § 5726
  • Code 1932, § 9915
  • Acts 1959, ch. 150, § 1
  • T.C.A. (orig. ed.), § 17-223.
§ 17-2-118. Substitute judges.
  1. (a) If, for good cause, including, but not limited to, by reason of illness, physical incapacitation, vacation or absence from the city or judicial district on a matter related to the judge's judicial office, the judge of a state or county trial court of record is unable to hold court, the judge shall appoint a substitute judge to hold court, preside and adjudicate.
  2. (b) A substitute judge shall possess all of the qualifications of a judge of the court in which the substitute is appointed.
  3. (c) No substitute judge may be appointed for a period of more than three (3) days; provided, that the judge appointed pursuant to this section may finish any trial that is commenced during the period of appointment.
  4. (d) A substitute judge appointed pursuant to this section shall have no authority to award fees except those that are statutory.
  5. (e) A substitute judge shall not preside over a cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall plainly state that the substitute judge has not been duly elected by the citizens of the judicial district or appointed by the governor but has been appointed pursuant to this section. Further, the consent form shall include the name of the lawyer appointed as substitute judge, the judge of the court in which the substitute judge is sitting, the date for which the substitute judge was appointed and the reason for the regular judge's absence. The consent form shall be transmitted and maintained on file for public inspection at the administrative office of the courts in Nashville.
  6. (f)
    1. (1) Subsections (a)-(e) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge:
      1. (A) A duly elected or appointed judge of any inferior court; or
      2. (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer.
    2. (2) Notwithstanding subsections (a)-(e), a judge shall have the authority to appoint a substitute judge as provided in subdivision (f)(1).
Backlinks (1)
History (8)
  • Acts 1870, ch. 78, §§ 1, 3, 4
  • Shan., §§ 5730, 5732
  • mod. Code 1932, §§ 9919, 9921
  • T.C.A., (orig. ed.), § 17-225
  • modified
  • Acts 1996, ch. 943, § 1
  • 1999, ch. 23, § 2
  • 2009, ch. 235, § 1.
§ 17-2-119. Contested elections — Temporary judge.
  1. The governor shall appoint a temporary judge, chancellor or district attorney general in all cases where a contest arises in the election of any of those officers, and they shall hold the offices, and have all the powers and jurisdiction pertaining to the offices, until the contest is judicially determined and the regularly elected officers are duly qualified and commissioned; and they are clothed with the same power, and shall receive the same compensation, as is allowed the officer in other cases, to be paid out of the state treasury upon a warrant of the commissioner of finance and administration.
History (8)
  • Acts 1870-1871, ch. 73
  • Shan., § 5733
  • Code 1932, § 9922
  • impl. am. Acts 1937, ch. 33, § 24
  • impl. am. Acts 1959, ch. 9, § 3
  • impl. am. Acts 1961, ch. 97, § 3
  • T.C.A. (orig. ed.), § 17-226
  • modified.
§ 17-2-120. Oath of special judge.
  1. Every special judge, before entering on the duties of the judge's appointment, shall take an oath before the clerk of the court to support the constitution of the United States and the constitution of Tennessee, and also the following oath of office: “I, A B, solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge all the duties incumbent upon me as a judge to the best of my abilities.”
History (4)
  • Acts 1870, ch. 78, § 2
  • Shan., § 5731
  • Code 1932, § 9920
  • T.C.A. (orig. ed.), § 17-227.
§ 17-2-121. [Repealed]
History (3)
  • Acts 1984, ch. 894, § 1
  • 1993, ch. 66, § 31
  • repealed by Acts 2023, ch. 118, § 1, effective April 4, 2023.
§ 17-2-122. Failure of judge to attend — Selection of special judge.
  1. (a) Notwithstanding § 16-15-209 or § 17-2-109 or any other relevant provision to the contrary, a judge shall have the authority to appoint a special judge as provided in this section.
  2. (b) Sections 16-15-209 and 17-2-109 and any other relevant provision shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge an officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to their duties as judicial officer.
History (2)
  • Acts 1997, ch. 473, § 6
  • 2009, ch. 235, § 1.
§ 17-2-123. Full-time master in certain counties.
  1. (a)
    1. (1) Notwithstanding any law to the contrary, the circuit or chancery court judges of a county may appoint a full-time master to serve as a judicial officer in the absence of any such judges.
    2. (2) A master appointed pursuant to subdivision (a)(1) shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility.
    3. (3) The compensation for a master appointed pursuant to this section shall be fixed by the presiding judge of the judicial district and shall be paid from any fund appropriated for such purpose by the county governing body.
    4. (4) The master shall have all the powers specified in § 17-2-118 and the powers granted to masters by Tenn. R. Civ. P. 53.
  2. (b)
    1. (1) Notwithstanding any law to the contrary, the circuit or chancery courts exercising domestic or probate jurisdiction may appoint one (1) or more suitable persons to act as masters at the pleasure of the judge. A master shall be a member of the bar in good standing and shall hold office at the pleasure of the judge. The compensation of a master shall be fixed by the judge with approval of the county legislative body or the pertinent governing body, and paid from public funds.
    2. (2) Provided the respective circuit or chancery court has jurisdiction in the manner provided for the hearing of cases by the court, the judge or judges for whom the master serves may direct that the master hear in the first instance the following types of cases:
      1. (A) Orders of protection (both hearings and reviews);
      2. (B) Motions to amend or alter orders of protection;
      3. (C) Child support petitions;
      4. (D) Signing appearance orders for child support cases;
      5. (E) Signing and hearing show cause orders for temporary support and parenting time;
      6. (F) Signing attachment orders;
      7. (G) Temporary parenting plans; and
      8. (H) Matters related to probate.
    3. (3) A master has the same authority as the judge to issue any and all process necessary in the types of cases the master is authorized by subdivision (b)(2) to hear. The master in the conduct of authorized proceedings has the powers of a trial judge.
    4. (4) Upon the conclusion of the hearing in each case, the master shall transmit to the judge all papers relating to the case, together with the master's findings and recommendations in writing.
    5. (5) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request with the court for hearing by the appropriate circuit or chancery court judge. The judge may, on the judge's own motion, order a rehearing of any matter heard before a master, and shall allow a hearing if a request for such hearing is filed as herein prescribed. Unless the judge orders otherwise, the order of the master shall be the decree of the court pending a rehearing.
    6. (6) Any appeal from the master to the judge from a final order shall be tried de novo by the judge.
    7. (7) In case no hearing of a final order before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the master become the decree of the court when confirmed by an order of the judge. The final order of the court is, in any event, proof of such confirmation, and also of the fact that the matter was duly referred to the master.
  3. (c) This section applies in a county upon the adoption of a resolution by a two-thirds (⅔) majority vote of the county legislative body authorizing the appointment of masters. A county to which this section applied before April 14, 2022, is not required to adopt this section and may continue to appoint masters.
History (3)
  • Acts 1998, ch. 880, § 1
  • 2010, ch. 845, § 1
  • 2022, ch. 864, §§ 1-6.
Part 2 Interchange
§ 17-2-201. Purpose.
  1. The purpose of this part is to ensure that existing judicial resources are utilized to the fullest extent and that no additional judicial resources are created until uniform caseload statistics are developed that will establish a priority for the need for additional judges.
History (1)
  • Acts 1997, ch. 430, § 1.
§ 17-2-202. Duty to interchange.
  1. (a) Each state trial court judge has an affirmative duty to interchange if:
    1. (1) A judge has died or is unable to hold court;
    2. (2) Two (2) or more judges have agreed to a mutually convenient interchange; or
    3. (3) The chief justice of the supreme court has assigned by order a judge to another court pursuant to Tenn. Sup. Ct. R. 11.
  2. (b) A failure to comply with an interchange order of the supreme court is a judicial offense under § 17-5-301(j)(1)(B). The chief justice shall report such failure to comply immediately to the presiding judge of the board of judicial conduct. The clerk of the supreme court shall maintain such reports for public inspection.
History (7)
  • Acts 1859-1860, ch. 105, § 3
  • Shan., § 5713
  • mod. Code 1932, § 9899
  • T.C.A. (orig. ed.), § 17-208
  • Acts 1997, ch. 430, § 1
  • 2012, ch. 789, § 5
  • 2012, ch. 819, § 4.
§ 17-2-206. Powers on interchange.
  1. In all such cases, the judge or chancellor holding court in the circuit or division of another, shall have the same power and jurisdiction as the judge or chancellor in whose place the judge or chancellor is acting.
History (4)
  • Code 1858, § 3918 (deriv. Acts 1835-1836, ch. 20, § 2)
  • Shan., § 5711
  • Code 1932, § 9897
  • T.C.A. (orig. ed.), § 17-212.
§ 17-2-207. Interchange by special judges.
  1. A person appointed and commissioned under §§ 17-2-116 and 17-2-117 shall have the same power to interchange with other judges and chancellors as the regular official in whose place the person is appointed and commissioned to act.
History (5)
  • Code 1858, § 3929
  • Shan., § 5727
  • Code 1932, § 9916
  • Acts 1959, ch. 150, § 1
  • T.C.A. (orig. ed.), § 17-224.
§ 17-2-208. Interchange of general sessions and juvenile court judges.
  1. Notwithstanding any other law to the contrary, judges of courts of general sessions and juvenile courts may interchange with each other whenever causes exist making an interchange necessary or for mutual convenience. The interchanging judge shall not be required to be a resident of the county of the judge for whom such judge is sitting, but must otherwise possess the same qualifications as such judge.
Backlinks (2)
History (3)
  • Acts 1973, ch. 41, § 1
  • T.C.A., § 17-229
  • Acts 1997, ch. 473, § 2.
§ 17-2-209. Interchange in certain divorce actions.
  1. (a) In counties with a population of over seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census, the general sessions judges may sit by interchange as a circuit court judge or chancellor for the exclusive purpose of hearing and deciding uncontested and irreconcilable differences in divorce cases.
  2. (b) When the circuit court clerk or clerk and master determines that a pending divorce action is uncontested as to all material facts or issues, or when the clerk determines that the ground relied upon in a pending divorce action is irreconcilable differences between the parties pursuant to § 36-4-101, the clerk may so certify such determinations to the circuit court judge or chancellor.
  3. (c) The circuit court judge or chancellor may designate that a general sessions judge sit by interchange to hear and decide any divorce action determined by the clerk to be uncontested or based upon irreconcilable differences. Any decree entered by a general sessions judge sitting by interchange pursuant to this section shall be considered a decree of the circuit or chancery court and any petitions for modification of the decree shall be filed in the circuit or chancery court. All appeals from the decision of a general sessions judge sitting by interchange pursuant to this section shall be taken in the same manner as if the circuit judge or chancellor rendered the decision.
History (1)
  • Acts 1982, ch. 696, § 1.
Part 3 Senior Judge Enabling Act
§ 17-2-301. Short title.
  1. This part shall be known and may be cited as the “Senior Judge Enabling Act of 1990.”
History (1)
  • Acts 1990, ch. 1025, § 1.
§ 17-2-302. Requests for senior designation.
  1. (a) Any former supreme court justice, judge of an intermediate appellate court or judge of a state court of record who has at least eight (8) years of creditable service as a state justice or judge may request to be designated as a senior justice or judge.
  2. (b) Requests for senior designation shall be filed with the administrative director of the courts and shall be accompanied by:
    1. (1) Evidence that the justice or judge does not suffer from a permanent physical or mental disability that would substantially interfere with the performance of the justice's or judge's duties;
    2. (2) A written agreement that the justice or judge will not engage in the practice of law while serving as a senior justice or judge;
    3. (3) A written agreement that the justice or judge will be available to perform judicial duties for at least an aggregate period of thirty (30) weeks out of each successive twelve-month period;
    4. (4) A written agreement that the justice or judge will continue to file the disclosure statements required by title 8, chapter 50, part 5 during the justice's or judge's tenure as a senior justice or judge;
    5. (5) A written agreement that the justice or judge will abide by the code of judicial conduct; and
    6. (6) A duly executed oath of office, taken in the manner prescribed in § 17-1-104, stating:
      1. “I, , do solemnly swear that I will support the Constitution of the United States and the Constitution of Tennessee, and that I will administer justice without respect of persons and impartially discharge to the best of my ability all the duties of the office of senior justice (or judge) of the state of Tennessee on which I am about to enter.”
    Backlinks (1)
History (4)
  • Acts 1990, ch. 1025, § 2
  • 1993, ch. 66, § 32
  • 1999, ch. 86, § 1
  • 2002, ch. 639, §§ 1, 2.
§ 17-2-303. Issuance of commission — Term.
  1. (a) The supreme court is authorized to appoint senior judges only after it has made an affirmative finding that the effective administration of justice in one (1) or more judicial districts requires additional judicial resources.
  2. (b)
    1. (1) If the supreme court, at its discretion, determines that a former justice or judge is physically and mentally capable of performing valuable judicial service on a continuing basis and that the justice's or judge's service will promote the effective administration of justice, then the supreme court shall cause an appropriate commission to be issued under its seal for the period provided in subsection (c); provided, that such commission shall be issued only to a former justice or judge who left the justice's or judge's most recent term of judicial service in good standing with the board of judicial conduct or any successor to the board.
    2. (2) Except as provided in subdivision (b)(3), no such commission shall be issued to any former justice or judge who, during the justice's or judge's most recent term of judicial service, sought reelection or retention but was defeated in the reelection or retention bid.
    3. (3) Notwithstanding subdivision (b)(2), if the election following the most recent term of judicial service for a judge in a state court of record results in the judge not being reelected, the judge is authorized to be issued a commission if the judge has been elected at least twice and served at least two (2) full eight-year terms.
  3. (c) The supreme court's designation shall be for a term of four (4) years unless the justice or judge has reached seventy (70) years of age, whereupon the term of the designation shall be for two (2) years or for any shorter period deemed proper by the supreme court. Senior justices and judges shall be eligible for reappointment.
  4. (d) The supreme court's decision with regard to the initial designation or the renewal of senior designation is final and cannot be reviewed in any manner.
History (4)
  • Acts 1990, ch. 1025, § 3
  • 2002, ch. 639, § 3
  • 2016, ch. 1023, § 1
  • 2018, ch. 829, § 1.
§ 17-2-304. Assignment — Powers, duties and immunities.
  1. (a) The chief justice may, with the senior justice's or judge's consent, assign the senior justice or judge to any state court.
    Backlinks (1)
  2. (b) The assignment of a senior justice or judge shall be made by an order that designates the court to which the judge is assigned and the duration of the assignment. Promptly after the assignment of a senior justice or judge, the clerk of the supreme court in the grand division to which the assignment is made shall cause a certified copy of the order to be sent to the senior justice or judge and another certified copy to the presiding judge of the court to which the justice or judge is assigned.
  3. (c) A senior justice or judge assigned as provided in this section has all the powers, duties and immunities while serving under the assignment of a regularly elected and qualified justice or judge of the court to which the senior justice or judge has been assigned. Without assignment, senior justices and judges may perform routine ministerial acts, including the solemnization of marriages and the administering of oaths, but shall not admit to bail any person accused of a crime.
  4. (d) A senior justice or judge who has sat by designation and assignment on any court may, notwithstanding the expiration of the designation and assignment, decide or join in the decision and final disposition of all matters submitted to the justice or judge during the period of the assignment and may decide or join in the consideration and disposition of petitions for rehearing or further proceedings in the matters, including matters relating to cases on appeal.
History (1)
  • Acts 1990, ch. 1025, § 4.
§ 17-2-305. Compensation, benefits, quarters, personnel and expenses.
  1. (a)
    1. (1) Senior justices and judges shall receive a salary calculated on the amount of time the senior justice or judge actually worked. The rate of payment shall be based upon the current compensation of the former office held by the senior justice or judge; provided, that where a senior justice or judge is receiving a retirement allowance under any retirement program administered by the Tennessee consolidated retirement system, the total combined annual amount of retirement allowance and annual salary received as a senior justice or judge cannot exceed the current annual compensation of the office from which the justice or judge retired.
    2. (2) The salary shall be payable in monthly installments by the commissioner of finance and administration out of the state treasury.
  2. (b)
    1. (1) Senior justices and judges shall be considered to be state employees and shall be entitled to participate in the state's insurance and benefit programs on the same basis as other active justices and judges, except as provided in subdivision (b)(2).
    2. (2)
      1. (A) Any senior justice or judge who has not attained the maximum creditable service under the retirement system to which the justice or judge belongs shall be entitled to receive credit in the retirement system for service as a senior justice or judge; provided, that the senior justice or judge:
        1. (i) Elects to receive the credit by notice to the board of trustees of the Tennessee consolidated retirement system; and
        2. (ii) Authorizes the deduction of the applicable contributions as set forth under title 8, chapter 37, part 2.
      2. (B) Such service shall be based on the actual work performed and shall be added to the creditable service of the senior justice or judge. On July 1 of each year, the senior justice's or judge's retirement benefits shall be adjusted according to the retirement system to which the senior justice or judge belongs, as appropriate.
    3. (3) Notwithstanding this subsection (b) to the contrary, any former judge who is a retired member of the Tennessee consolidated retirement system or of a superseded system as defined in § 8-34-101 and who is designated or redesignated as a senior justice or judge on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the judge's position, and establish credit for the additional service.
  3. (c) Senior justices and judges shall be provided with suitable office space and equipment, secretarial and research assistance and a law library similar to that provided to active justices and judges. Local governments presently responsible for providing quarters, personnel or other support for state judges shall cooperate with and assist the administrative director of the courts in providing for the reasonable needs of the senior justices or judges assigned to work in their county.
  4. (d) A senior justice or judge assigned to a court located outside of the justice's or judge's county of residence shall receive the same reimbursement for travel expenses that is provided to active justices and judges. The expenses shall be paid upon the presentation of an itemized statement certified by the senior justice or judge to be correct.
History (5)
  • Acts 1990, ch. 1025, § 5
  • 1993, ch. 66, § 33
  • 1995, ch. 491, § 1
  • 2002, ch. 639, §§ 4-7
  • 2018, ch. 736, § 27.
§ 17-2-306. Termination of senior status.
  1. (a) Certification as a senior justice or judge shall terminate upon the expiration of the commission issued by the supreme court, except that the certification shall terminate earlier when any of the following occurs:
    1. (1) The senior justice or judge requests termination of the status;
    2. (2) The board of judicial conduct so orders;
    3. (3) The senior justice or judge declines more than three (3) assignments pursuant to § 17-2-304(a) without good cause within any calendar year; or
    4. (4) The supreme court, after affording the senior justice or judge notice and an opportunity to respond, determines that the senior justice or judge has failed to meet or to abide by any of the requirements of § 17-2-302(b). Senior justices or judges aggrieved by the supreme court's decision shall have the right to request that the decision be reviewed by the board of judicial conduct. After reviewing the supreme court's decision, the board of judicial conduct shall state its findings and may make recommendations to the supreme court.
  2. (b) Termination of senior status for any reason shall not affect the amount of any retirement or other benefit to which the senior justice or judge would be otherwise entitled.
History (2)
  • Acts 1990, ch. 1025, § 6
  • 2012, ch. 819, § 4.
§ 17-2-307. Conclusion of law practice.
  1. A former justice or judge who is engaged in the practice of law at the time of designation as a senior justice or judge shall conclude all legal practice as soon as practicable on a timetable approved by the chief justice. The chief justice may, if warranted, withhold the issuance of the senior justice's or judge's commission pending resolution of all or any part of the former justice's or judge's practice.
History (3)
  • Acts 1990, ch. 1025, § 7
  • 1993, ch. 66, § 34
  • 2002, ch. 639, § 8.
§ 17-2-308. Provisions of part supplemental.
  1. (a) This part is intended to be in addition to and supplemental to this chapter and §§ 8-36-806 and 16-3-502(2) and shall not be construed to supersede these provisions as they exist on January 1, 1991.
  2. (b) In the case of conflict between this part and any other statute, this part will control and shall not be used to supplant or replace an existing judge or an additional judge who is to be elected pursuant to § 16-2-505.
History (1)
  • Acts 1990, ch. 1025, § 8.
§ 17-2-309. Consultations regarding appointments.
  1. The supreme court shall advise and consult with the chairs of the civil justice and finance, ways and means committees of the house of representatives and the judiciary and finance, ways and means committees of the senate and with the commissioner of finance and administration whenever it has reason to believe that the effective administration of justice requires the appointment of one (1) or more senior justices or judges.
History (6)
  • Acts 1990, ch. 1025, § 10
  • 1993, ch. 66, §§ 35, 36
  • 2013, ch. 236, § 46
  • 2016, ch. 797, § 13
  • 2019, ch. 345, § 28
  • 2021, ch. 64, § 17.
Chapter 3 Conferences
Part 1 Judicial Conferences
§ 17-3-101. Creation — Membership.
  1. (a) There is created a judicial conference for the state whose membership shall consist of all judges of courts of records whose salary is paid in whole or in part out of the state treasury, including retired judges.
  2. (b) There shall also be included in the membership of the judicial conference active and retired judges who are licensed attorneys at law of all probate courts created by private acts of the state, in counties having a population of three hundred thousand (300,000) or more, according to the federal census of 1960 and any subsequent census.
History (4)
  • Acts 1953, ch. 129, § 1 (Williams, § 738.13)
  • 1965, ch. 262, § 1
  • 1969, ch. 64, § 1
  • T.C.A. (orig. ed.), § 17-401.
§ 17-3-102. Attorney general as advisor.
  1. The attorney general and reporter shall be an ex officio member of the conference and act as its legal advisor.
History (2)
  • Acts 1953, ch. 129, § 2 (Williams, § 738.14)
  • T.C.A. (orig. ed.), § 17-402.
§ 17-3-103. Officers — Executive committee — Expenses.
  1. (a) The judicial conference shall elect annually a president, vice president, secretary, treasurer and other officers that become necessary. The secretary may also serve as the treasurer.
  2. (b)
    1. (1) There shall also be an executive committee of the conference to consist of the president, vice president, secretary, treasurer, immediate past president, president-elect and nine (9) additional members to be appointed by the president, three (3) from each grand division of the state.
    2. (2) In making the president’s first appointments to the executive committee, the president shall name three (3) members from each grand division, one (1) for a term of one (1) year, and one (1) for a term of two (2) years, and one (1) for a term of three (3) years, and thereafter the president shall make all appointments for terms of three (3) years each, so that the terms of three (3) members shall expire each year, one (1) from each grand division.
    3. (3) When vacancies occur they shall be filled by appointments for the unexpired terms.
    4. (4) The executive committee shall meet at such times and places as designated by the president, upon due notice to each member.
    5. (5) Members of the executive committee shall be reimbursed for their reasonable and necessary traveling expenses incurred in attending the meetings, not to exceed two (2) meetings in any fiscal year, pursuant to policies and guidelines promulgated by the supreme court.
History (7)
  • Acts 1953, ch. 129, § 6 (Williams, § 738.18)
  • 1957, ch. 392, § 1
  • 1959, ch. 284, § 1
  • 1963, ch. 199, § 1
  • T.C.A. (orig. ed.), § 17-403
  • Acts 1984, ch. 619, §§ 1, 2
  • 1993, ch. 196, § 4.
§ 17-3-104. Annual meetings.
  1. (a) The conference shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its several members, to the end that there shall be a more prompt and efficient administration of justice in the courts of this state.
  2. (b) The conference shall set the time and place of each annual meeting.
Backlinks (1)
History (3)
  • Acts 1953, ch. 129, §§ 3, 6 (Williams, §§ 738.15, 738.18)
  • modified
  • T.C.A. (orig. ed.), § 17-404.
§ 17-3-105. Duty of members to attend — Exception — Expenses.
  1. (a) It is the official duty of each member of the conference, with the exception of retired judges, to attend its annual meetings unless otherwise officially engaged or for other good and sufficient reasons.
  2. (b) Every member shall be entitled to have the member's expenses paid for attendance. The expenses shall be paid pursuant to policies and guidelines promulgated by the supreme court.
History (6)
  • Acts 1953, ch. 129, § 7 (Williams, § 738.19)
  • 1957, ch. 392, § 2
  • T.C.A. (orig. ed.), § 17-405
  • Acts 1983, ch. 380, § 1
  • 1993, ch. 196, § 5
  • 2017, ch. 131, § 1.
§ 17-3-106. Rules of conduct for judges.
  1. The conference shall have full power and authority to prescribe rules of official conduct of all judges, the rules to be in compliance with the code of judicial ethics as promulgated by the American Bar Association but not otherwise.
History (2)
  • Acts 1953, ch. 129, § 5 (Williams, § 738.17)
  • T.C.A. (orig. ed.), § 17-406.
§ 17-3-107. Crime suppression recommendations.
  1. It is the duty of the conference to give consideration to the enactment of laws and rules of procedure that in its judgment may be necessary to the more effective suppression of crime and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly.
History (2)
  • Acts 1953, ch. 129, § 4 (Williams, § 738.16)
  • T.C.A. (orig. ed.), § 17-407.
Part 2 General Sessions Judges Conference
§ 17-3-201. Creation — Membership.
  1. (a) There is created the Tennessee general sessions judges conference, which shall be the official organization of the general sessions judges in this state.
  2. (b) The membership of the conference shall consist of all judges of general sessions courts in the state.
History (2)
  • Acts 1970, ch. 399, § 1
  • T.C.A., § 17-601.
§ 17-3-202. Adoption of rules — Bylaws — Officers.
  1. The Tennessee general sessions judges conference is authorized to adopt and, from time to time, amend rules, regulations or bylaws that it considers necessary for the conduct of its affairs. The rules, regulations or bylaws may provide for officers that the conference considers advisable, for the method of selection of the officers, for the selection of a time and place within the state for annual meetings of the conference, and for other matters consistent with the general laws of the state that the conference chooses.
History (2)
  • Acts 1970, ch. 399, § 2
  • T.C.A., § 17-602.
§ 17-3-203. Annual meeting.
  1. The conference shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the general sessions courts of this state.
Backlinks (1)
History (2)
  • Acts 1970, ch. 399, § 3
  • T.C.A., § 17-603.
§ 17-3-204. Duty to attend — Expenses.
  1. (a) It is the official duty of each member of the conference to attend the annual meeting unless unable to do so because of physical incapacity.
  2. (b) Each member shall be compensated for the member's actual expenses in attending the annual meeting. The expenses shall be paid upon a verified statement of expenses being filed with the county mayor by any member incurring the expenses. Expenses shall be paid by the trustee upon warrant of the county mayor from the general fund of the county in which the member serves as judge.
History (4)
  • Acts 1970, ch. 399, § 4
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • T.C.A., § 17-604
  • Acts 2003, ch. 90, §  2.
Part 3 Municipal Judges Conference
§ 17-3-301. Creation — Authority — Annual meeting.
  1. (a) There is created the Tennessee municipal judges conference, which shall be the official organization of the municipal judges in this state. The membership of the conference shall consist of all judges of municipal courts in the state. The judges shall annually elect a board of governors for the conference.
  2. (b) The Tennessee municipal judges conference is authorized to adopt and, from time to time, amend rules or bylaws that it deems necessary or prudent for the conduct of its affairs. The rules or bylaws shall provide for membership on the board of governors that the conference considers advisable, for the selection of a time and place within the state for annual meetings of the conference, and for other matters consistent with the general laws of the state that the conference chooses.
  3. (c) The conference shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the municipal courts in this state. The annual meeting shall provide educational seminars or training for the membership in addition to the business sessions.
    Backlinks (1)
  4. (d)
    1. (1) It is the official duty of each member of the conference to attend the annual meeting unless unable to do so because of physical incapacity.
    2. (2) Each member shall be compensated for the member's reasonable expenses in attending the annual meeting. The expenses shall be paid upon a verified statement of expenses being filed with the administrative office of the courts (AOC) by any member incurring such expenses. Expenses shall be paid by the AOC from funds received pursuant to § 16-18-304(a) for training and continuing education courses for municipal court judges. If the designated account fails to accrue sufficient funds to defray the expenses incurred, the member's municipality is responsible for payment of the expenses.
History (2)
  • Acts 2004, ch. 914, § 4
  • 2018, ch. 620, §§ 1, 2.
Chapter 4 Judicial Appointment and Trial Court Vacancy Commission
Part 1 Judicial Appointment
§ 17-4-101. Appointment by governor — Length of term — Vacancy — Confirmation.
  1. (a) The governor shall appoint a qualified person to the supreme court, the court of appeals, or the court of criminal appeals:
    1. (1) For a full eight-year term whenever an incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals fails to file with the state election commission a written declaration of candidacy or withdraws a declaration of candidacy within the deadlines established by § 17-4-106 or is not retained in a retention election held at the end of an eight-year term; or
    2. (2) To fill a vacancy occurring as a result of death, resignation, retirement, failure to be retained at a retention election held any time other than the end of an eight-year term, or otherwise.
  2. (b) The governor's appointee shall not take office until the appointee has been confirmed by the general assembly by vote or by default as provided in this part.
  3. (c) Upon notice of an impending vacancy, the process of appointment and confirmation in accordance with this part may proceed; however, a confirmed appointee shall not take office until the vacancy actually occurs.
History (2)
  • Acts 2009, ch. 517, § 1
  • 2016, ch. 528, § 9.
§ 17-4-102. Written notice of judicial appointment by governor — Background investigations of appointees — Confirmation or rejection by general assembly.
  1. (a) Immediately upon making an appointment to the supreme court, the court of appeals, or the court of criminal appeals, the governor shall provide written notice of the appointment to the chief clerk of the senate and the chief clerk of the house of representatives. The notice shall specify whether the appointment is for a full eight-year term or for the filling of a vacancy. Delivery of the notice of appointment to both the chief clerk of the senate and the chief clerk of the house of representatives shall begin the appropriate sixty-day period established in accordance with § 17-4-103. Upon receiving the notice of appointment, the chief clerk of the senate and the chief clerk of the house of representatives shall notify the members of their respective house and shall refer the notice of appointment to the appropriate standing committee of their respective house as provided by rule.
  2. (b) The Tennessee bureau of investigation shall perform appropriate financial and criminal background investigations of a judicial appointee and shall provide the results of the investigations and inquiries to the chair of any standing committee of the general assembly to which a notice of appointment pursuant to subsection (a) is referred.
  3. (c) The chair of any standing committee of the general assembly to which a notice of appointment pursuant to subsection (a) is referred may, in accordance with the rules of the applicable house, conduct a hearing, vote to recommend confirmation or rejection of the appointee, and submit a written report of the action taken to the applicable clerk.
  4. (d) Within the appropriate sixty-day period established in accordance with § 17-4-103, the general assembly shall meet in joint session for the purpose of voting either to confirm or to reject the governor's appointee. The votes of each house shall be made and tabulated separately. The governor's appointee shall be confirmed if both houses vote to confirm the appointee by a majority of all the members to which each house is entitled. The governor's appointee shall be rejected if both houses vote to reject the appointee by a majority of all the members to which each house is entitled or if one (1) house votes to reject the appointee by at least two-thirds (⅔) of all members to which the house is entitled. If a vote results in any other outcome, then no action is taken and both houses may vote again to confirm or reject, subject to § 17-4-103(b). No vote shall be taken pursuant to this subsection (d) except in joint session.
Backlinks (1)
History (2)
  • Acts 2009, ch. 517, § 1
  • 2016, ch. 528, § 10.
§ 17-4-103. Legislative vote on confirmation.
  1. (a)
    1. (1) If the general assembly is in its annual legislative session when the appointment is made, then the vote, if any, on confirmation of the governor's appointee shall occur within sixty (60) consecutive calendar days immediately following the appointment.
    2. (2) If the general assembly is not in its annual legislative session when the appointment is made, then the vote, if any, on confirmation of the governor's appointee shall occur within sixty (60) consecutive calendar days, beginning on the convening date of the next annual legislative session following the appointment.
    Backlinks (1)
  2. (b) If the general assembly fails to reject the governor's appointee within sixty (60) consecutive calendar days, then the appointee shall be deemed confirmed as of the following calendar day, regardless of whether the general assembly is then in session.
    Backlinks (1)
Backlinks (2)
History (2)
  • Acts 2009, ch. 517, § 1
  • 2016, ch. 528, § 11.
§ 17-4-104. Commencement of service.
  1. (a) A supreme court, court of appeals, or court of criminal appeals judge confirmed in accordance with this part shall commence service in the office to which the judge was confirmed:
    1. (1) Upon confirmation, if the judge is confirmed to fill a vacancy for an unexpired term;
    2. (2) September 1, if the judge is confirmed to a full eight-year term prior to the September 1 on which the term begins; or
    3. (3) Upon confirmation, if the judge is confirmed to a full eight-year term after the eight-year term has commenced on September 1. The eight-year term of a supreme court, court of appeals, or court of criminal appeals judge confirmed after September 1 shall end on the same date as a judge confirmed on or prior to September 1.
      Backlinks (1)
  2. (b) If the governor's appointee is rejected by the general assembly or is withdrawn by the governor within sixty (60) calendar days of the applicable date set out in § 17-4-103(a), then the governor shall appoint another individual for a full term or to fill a vacancy as provided in this part. Any appointee who has been rejected by the general assembly is not eligible for reappointment to the same court, until after the next regular August election occurring at least one (1) year following the appointment.
History (3)
  • Acts 2009, ch. 517, § 1
  • 2012, ch. 853, § 2
  • 2016, ch. 528, § 12.
§ 17-4-105. Retention elections.
  1. (a) A judge, who has been appointed and confirmed for a full eight-year term on the supreme court, the court of appeals, or the court of criminal appeals and who takes office on September 1 at the beginning of the eight-year term or in accordance with § 17-4-104(a)(3), shall face a retention election at the next regular August election immediately preceding the end of the eight-year term, as provided in § 17-4-106.
  2. (b) A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals more than thirty (30) days prior to the next regular August election, shall stand for election in a retention election for the remainder of the term at the next regular August election following confirmation as provided in § 17-4-106.
  3. (c) A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals thirty (30) days or less prior to a regular August election, shall stand for election in a retention election at the next regular August election occurring more than thirty (30) days following the judge's confirmation as provided in § 17-4-106.
  4. (d) All incumbent judges of the supreme court, the court of appeals, and the court of criminal appeals who intend to stand for election for another eight-year term, shall stand for election in a retention election at the regular August election immediately preceding the end of the eight-year term as provided in § 17-4-106.
  5. (e) The judges appointed in 2014, 2015, and prior to January 28, 2016, to fill vacancies on the supreme court, the court of appeals, and the court of criminal appeals, whose names were not included on the regular August 2014 ballot, shall, upon filing a timely written declaration of candidacy pursuant to § 17-4-106 not later than twelve o'clock (12:00) noon, prevailing time, on April 7, 2016, stand for election in a retention election in the regular August election in 2016.
History (2)
  • Acts 2009, ch. 517, § 1
  • 2016, ch. 528, § 13.
§ 17-4-106. Written declaration of candidacy required.
  1. (a) An incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals who seeks to be retained in the office to which the incumbent judge was appointed and confirmed must qualify by filing with the state election commission a written declaration of candidacy to be retained for a full term or an unexpired term. The declaration must be filed not later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in January before the regular August election. A judge confirmed after the first Thursday in January in the same year as the regular August election must file the declaration no later than the first Thursday occurring at least one (1) full week after the judge's confirmation. After timely filing the declaration, a candidate may withdraw by filing a notice of withdrawal with the state election commission not later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the deadline for filing the declaration of candidacy.
  2. (b)
    1. (1) If the declaration of candidacy is timely filed, then only the name of the candidate, without party designation, shall be submitted to the qualified voters of the state in the regular August election. Each county election commission of the state shall cause the following to be placed on the ballot:
      1. Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced?
        1. Retain
        3. OR
        5. Replace
    2. (2) If the declaration of candidacy is not timely filed, then the judge's name shall not be submitted to the qualified voters of the state.
  3. (c)
    1. (1) If a majority of those voting on the question vote to retain the candidate, then the candidate is duly elected to the office and shall be given a certificate of election.
    2. (2) If a majority or one-half (½) of those voting on the question vote not to retain the candidate, then a vacancy exists in the office as of September 1 following the regular August election. The governor shall fill the vacancy subject to confirmation by the general assembly in accordance with this part.
    3. (3) A candidate who has been defeated in any retention election held under this chapter shall not be eligible for reappointment to the seat for which the candidate was defeated until one (1) regular August election has occurred subsequent to the defeat.
  4. (d) An incumbent judge on the supreme court, the court of appeals, or the court of criminal appeals who does not file a declaration of candidacy for election within the prescribed time, who withdraws as a candidate for election, or who is not retained in a retention election, shall end the judge's term on August 31 of that year. The governor shall fill the office subject to confirmation by the general assembly in accordance with this part.
Backlinks (6)
History (3)
  • Acts 2009, ch. 517, § 1
  • 2012, ch. 853, § 1
  • 2016, ch. 528, § 14.
Part 3 Trial Court Vacancy Commission
§ 17-4-301. Establishment — Composition of commission — Information.
  1. (a) There is established as a part of the judicial branch of the state a trial court vacancy commission, referred to in this part as “the commission,” that shall have jurisdiction over all trial court vacancies occurring on or after February 1, 2016. For purposes of making the initial appointments to the commission, the speaker of the senate and the speaker of the house of representatives are authorized to make appointments on January 28, 2016. The commission shall be composed of eleven (11) members as follows:
    1. (1) Five (5) members shall be appointed by the speaker of the senate. At least three (3) of these members shall be attorneys;
    2. (2) Five (5) members shall be appointed by the speaker of the house of representatives. At least three (3) of these members shall be attorneys; and
    3. (3) One (1) member shall be appointed by joint action of the speaker of the senate and the speaker of the house of representatives. This member shall be an attorney and shall serve as chair of the commission.
    Backlinks (1)
  2. (b)
    1. (1) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:
      1. (A) One (1) of the initial appointments by the speaker of the senate shall be made for a term of two (2) years;
      2. (B) One (1) of the initial appointments by the speaker of the house of representatives shall be made for a term of two (2) years;
      3. (C) The speakers' joint appointment shall be made for a term of two (2) years;
      4. (D) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of four (4) years each;
      5. (E) Two (2) of the initial appointments by the speaker of the house of representatives shall be made for terms of four (4) years each;
      6. (F) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of six (6) years each; and
      7. (G) Two (2) of the initial appointments by the speaker of the house of representatives shall be made for terms of six (6) years each.
    2. (2) After the initial appointments, the terms for all appointments shall comply with §§ 17-4-305 and 17-4-306.
    Backlinks (1)
  3. (c) The administrative office of the courts shall develop and post on its website downloadable information about the commission suitable for viewing by the general public.
Backlinks (1)
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-302. Membership requirements.
  1. (a) Each member of the commission shall be a citizen of the United States, shall be at least thirty (30) years of age, and shall have been a citizen of this state for at least five (5) years immediately prior to appointment.
  2. (b) Each attorney member shall be duly licensed to practice by the Tennessee supreme court.
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-303. Exclusions from membership on commission.
  1. (a) No member of the commission shall be a salaried office holder of this state or the United States, nor shall any member of the commission hold any office in any political party or political organization; provided, that members of the national guard and members of any armed forces reserve organization, any district attorney general or an employee of a district attorney general, or any district public defender or an employee of a district public defender shall not be considered as salaried office holders. This subsection (a) shall not apply to any employee of the attorney general and reporter, except the attorney general and reporter and the solicitor general.
  2. (b) Any member of the commission who becomes a salaried office holder of this state or the United States or who accepts any office in any political party or political organization shall by doing so vacate the member's office as a member of the commission.
  3. (c) No member of the commission shall be a registered employer of a lobbyist in this state or a registered lobbyist in this state. Any member of the commission who becomes a registered employer of a lobbyist or a registered lobbyist in this state shall by doing so vacate the member's office as a member of the commission.
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-304. Start of term — Rules.
  1. (a) The term of office of each member of the commission shall begin on February 1, 2016.
  2. (b) The commission shall have the authority to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-305. Terms generally — Eligibility for reappointment.
  1. (a) Except as otherwise provided in § 17-4-301(b) or § 17-4-306, the term of a member of the commission shall be six (6) years.
  2. (b) Members shall be eligible for reappointment for a successive term.
Backlinks (1)
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-306. Vacancy filled as original appointment — Absence from meetings — Vacation of membership.
  1. (a) A vacancy on the commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
  2. (b) A member of the commission who has four (4) unexcused absences from commission hearings during the member's term of office must vacate the member's office as a member of the commission.
Backlinks (2)
History (2)
  • Acts 2016, ch. 528, § 17
  • 2019, ch. 166, § 3.
§ 17-4-307. Compensation — Reimbursement for expenses.
  1. (a) Members of the commission shall not receive any compensation for their services but shall be reimbursed for their official travel expenses pursuant to policies and guidelines promulgated by the supreme court.
  2. (b) Subject to budgetary restrictions, the administrative office of the courts shall pay or reimburse the necessary expenses authorized or incurred by the commission in the performance of the duties pursuant to policies and guidelines promulgated by the supreme court.
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-308. Vacancies — Governor's appointment of commission nominees — Requirement by governor for additional nominees — Term of judges herein appointed — Public meeting requirement — Hearings.
  1. (a) After February 1, 2016, when a vacancy occurs in the office of chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record by death, resignation, retirement, or otherwise, the governor shall fill the vacancy by appointing one (1) of the three (3) persons nominated by the commission. The governor may require the commission to submit one (1) other panel of three (3) additional nominees. Within sixty (60) days following receipt of the additional panel of nominees, the governor shall fill the vacancy by appointing any one (1) of the six (6) nominees certified by the commission.
  2. (b) The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.
  3. (c) The commission shall, at the earliest practicable date, hold a public meeting in the judicial district from which the vacancy is to be filled.
  4. (d) Notice of the time, place, and purpose of the meeting shall be given by newspapers, radio news, or television news and by such other means as the commission deems proper.
  5. (e) Any person shall be entitled to attend the meeting and express orally or in writing the citizen's approval of or objections to any suggested nominee for the trial court vacancy. Any licensed attorney may appear and make a statement, oral or written, in support of the attorney's own nomination.
  6. (f) After one (1) public hearing, the commission may hold such additional interviews with the candidates as it deems necessary. The commission shall make independent investigation and inquiry to determine the qualifications of possible nominees for the trial court vacancy and shall endeavor to encourage qualified attorneys to accept nomination and agree to serve if appointed to the trial court vacancy. All hearings, interviews, and meetings of the commission shall be conducted publicly and shall comply with title 8, chapter 44, part 1. Deliberations among the commission members shall occur immediately after the conclusion of the interviews. The commission shall adjourn the public hearing and interviews and deliberate in executive session. The deliberations shall not be open to the public and shall not be required to comply with title 8, chapter 44, part 1. At the conclusion of deliberations among commission members, the commission shall reconvene the public hearing for purposes of voting. When selecting nominees, commission members shall vote anonymously by written ballots, but such ballots shall be collected, announced, and tallied at the meeting by the presiding officer, and a majority of those present and voting shall decide questions. After receiving the commission's panel or panels of nominees, but prior to making an appointment pursuant to subsection (a), the governor shall direct the Tennessee bureau of investigation or other appropriate agencies to perform appropriate financial and criminal background investigations and inquiries of the prospective appointees, and the governor shall review and assess the results of the background investigations and inquiries.
  7. (g)
    1. (1) The application for the position of trial judge shall contain an authorization form permitting the commission to request from the board of judicial conduct and the board of professional responsibility any information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on the applicant. Signing the authorization form has the effect of waiving any statutory or common law confidentiality that may attach to those documents.
    2. (2) If an applicant signs the authorization form, upon request of the commission, the board of judicial conduct and the board of professional responsibility shall furnish the commission with all information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on a person who applies to be a candidate to fill a trial court vacancy.
  8. (h) As soon as practicable, and no later than sixty (60) days from receipt of written notice from the governor that a vacancy has occurred, the commission, with the assent of a majority of all the members to which it is entitled under § 17-4-301(a), shall select three (3) persons whom the commission deems best qualified and available to fill the vacancy, and shall certify the names of the three (3) persons to the governor as nominees for the trial court vacancy. However, if the commission is reliably informed that a vacancy is impending for any other reason, then the commission may meet, select such persons, and certify the names of the nominees to the governor prior to actual receipt of written notice from the governor that a vacancy has occurred.
  9. (i) If the judicial district is one (1) of the five (5) smallest judicial districts according to the 2010 federal census or any subsequent federal census, the commission may submit two (2) names to the governor, although the governor may require the commission to submit one (1) other panel of two (2) additional nominees.
  10. (j) At the next regular August election occurring more than thirty (30) days after the vacancy occurs, the qualified voters of the district shall elect a candidate to fill the remainder of the unexpired term or a complete term, as provided in the general election law in title 2; provided, however, the qualifying deadline for candidates to fill the vacancy shall be determined by the date of the vacancy as follows:
    1. (1) If the vacancy occurs on or before the tenth day prior to the regular qualifying deadline, then the regular qualifying deadline shall apply;
    2. (2) If the vacancy occurs after the tenth day before the qualifying deadline but on or before the thirty-eighth day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the tenth day after the vacancy is created;
    3. (3) If the vacancy occurs after the thirty-eighth day but on or before the thirty-first day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election; and
    4. (4) Candidates qualifying under subdivisions (j)(2) and (3) must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline; however, no candidate shall withdraw after twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election.
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-309. Nominees — requirements.
  1. All nominees of the trial court vacancy commission shall be attorneys who are duly licensed to practice law in this state and who are fully qualified under the constitution and statutes of this state to fill the office for which they are nominated.
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-310. Appointment by governor when commission fails to provide list of nominees — Expiration of term.
  1. (a) If the trial court vacancy commission does not furnish a list of three (3) nominees to the governor within sixty (60) days after receipt of written notice from the governor that a vacancy has occurred, then the governor may fill the vacancy by appointing any person who is duly licensed to practice law in this state and who is fully qualified under the constitution and statutes of this state to fill the office.
  2. (b) The term of a judge appointed under this section shall expire on August 31 after the next regular August election occurring more than thirty (30) days after the vacancy occurs.
History (1)
  • Acts 2016, ch. 528, § 17.
§ 17-4-311. Maintenance of records by administrative office of the courts — Notification of time and place of meetings.
  1. The administrative office of the courts shall keep and maintain all records of the trial court vacancy commission as well as furnish the commission with any other secretarial or clerical services or assistance it may require. It is further the duty of the administrative office of the courts to notify all commission members of the date, time, and place of any commission meetings.
History (1)
  • Acts 2016, ch. 528, § 17.
Chapter 5 Board of Judicial Conduct
Part 1 General Provisions
§ 17-5-101. Intent of chapter.
  1. The regulation of judicial conduct is critical to preserving the integrity of the judiciary and enhancing public confidence in the judicial system. This chapter is intended to provide an orderly and efficient method for making inquiry into the physical, mental, and moral fitness of any Tennessee judge; the judge's manner of performance of duty; and the judge's commission of any act that reflects unfavorably upon the judiciary of the state or brings the judiciary into disrepute or that may adversely affect the administration of justice in this state. This chapter further is intended to provide a process by which appropriate sanctions may be imposed.
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-102. Applicability of chapter.
  1. (a) This chapter applies to:
    1. (1) All Tennessee judges, including, but not limited to, appellate, trial, general sessions, probate, juvenile, and municipal judges, senior judges, claims commissioners, and all other judges sitting on or presiding over any court created by the general assembly or by the express or implied authority of the general assembly;
    2. (2) All persons for their conduct while sitting or presiding over any judicial proceeding, including, but not limited to, persons sitting by special appointment; and
    3. (3) Candidates for judicial office, as defined by the Code of Judicial Conduct, Rule 10 of the Rules of the Tennessee Supreme Court.
  2. (b) This chapter does not apply to administrative law judges.
  3. (c) This chapter regulates judicial behavior, not judicial decision-making.
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-103. Liberal construction of chapter.
  1. This chapter must be liberally construed to accomplish the declared purposes and intents set forth in this chapter.
History (1)
  • Acts 2019, ch. 496, § 1.
Part 2 Creation and Organization
§ 17-5-201. Members of board of judicial conduct — Chair and vice chair — Investigative panels and hearing panels — Promulgation of rules.
  1. (a) As of July 1, 2019, the existing membership of the Tennessee board of judicial conduct is vacated and reconstituted to consist of sixteen (16) members as follows:
    1. (1) Two (2) current or former trial judges, to be appointed by the Tennessee trial judges association;
    2. (2) One (1) current or former general sessions court judge, to be appointed by the Tennessee general sessions judges conference;
    3. (3) One (1) current or former municipal court judge, to be appointed by the Tennessee municipal judges conference;
    4. (4) One (1) current or former juvenile court judge, to be appointed by the Tennessee council of juvenile and family court judges;
    5. (5) One (1) current or former court of appeals or court of criminal appeals judge, to be appointed by the Tennessee supreme court;
    6. (6) Two (2) members who are attorneys licensed to practice law in this state but who are not current or former judges, to be appointed by the governor;
    7. (7) Four (4) members, including three (3) who are neither a judge nor an attorney and one (1) who is a current or former judge, to be appointed by the speaker of the house of representatives; and
    8. (8) Four (4) members, including three (3) who are neither a judge nor an attorney and one (1) who is a current or former judge, to be appointed by the speaker of the senate.
  2. (b)
    1. (1) All appointments to the board must be made by July 1, 2019.
    2. (2) In order to stagger the terms of the newly appointed board members, initial appointments must be made as follows:
      1. (A) The members appointed under subdivisions (a)(1)-(5) serve initial terms of one (1) year, which expire on June 30, 2020;
      2. (B) The members appointed under subdivision (a)(6) and the current or former judges appointed under subdivisions (a)(7) and (8) serve initial terms of two (2) years, which expire on June 30, 2021; and
      3. (C) The members appointed under subdivisions (a)(7) and (8) who are neither judges nor attorneys serve initial terms of three (3) years, which expire on June 30, 2022.
    3. (3) Following the expiration of members' initial terms as prescribed in subdivision (b)(2), all terms are for three (3) years, to begin on July 1 and terminate on June 30, three (3) years thereafter.
    4. (4) Each member of the board appointed under subdivisions (b)(2)(A) and (B) may be appointed to two (2) additional consecutive three-year terms. Each member appointed under subdivision (b)(2)(C) may be appointed to one (1) additional consecutive three-year term.
    5. (5) A member whose initial term is created by a vacancy and who has served in the position for less than three (3) years is eligible to serve two (2) consecutive three-year terms following the expiration of the term in which the vacancy occurred. Vacancies on the court for an unexpired term must be filled for the remainder of the term in the same manner that original appointments are made, but are for the duration of the unexpired term only. Vacancies are filled in the same manner that original appointments are made.
    6. (6) A member who has served the maximum term is eligible for reappointment after the expiration of three (3) years.
    7. (7) Notwithstanding this subsection (b) to the contrary and subject to resignation, each member shall serve until the member's successor is duly appointed.
  3. (c) The board shall select:
    1. (1) Its own chair from among the current or former judges serving on the board, who shall serve as a direct liaison to the members of the general assembly; and
    2. (2) Its own vice chair.
  4. (d)
    1. (1)
      1. (A) The chair shall divide the board into:
        1. (i) Five (5) investigative panels of three (3) members each, with each investigative panel to be composed of at least one (1) member who is a current or former judge; and
        2. (ii) Three (3) hearing panels of five (5) members each, with two (2) hearing panels to each be composed of three (3) nonjudicial members and two (2) members who are current or former judges, and one (1) hearing panel to be composed of two (2) nonjudicial members and three (3) members who are current or former judges.
      2. (B) The chair shall not serve as a permanent member of an investigative panel or hearing panel but may serve as a member of a panel on a temporary basis to fill a vacancy.
      3. (C) Membership on the panels may rotate in a manner determined by the chair; however, no members may sit on both the hearing and investigative panels for the same proceeding.
    2. (2) A hearing panel has the duty and authority to rule on prehearing motions, conduct hearings on formal charges, make findings and conclusions, impose sanctions, or dismiss the case.
    3. (3)
      1. (A) An investigative panel has the duty and authority to:
        1. (i) Review the recommendations of the disciplinary counsel after a preliminary investigation and either authorize a full investigation or dismiss the complaint; and
        2. (ii) Review the recommendations of the disciplinary counsel after a full investigation and approve, disapprove, or modify the recommendations as provided in § 17-5-303(c)(3).
      2. (B) The investigative panel shall require a full investigation when a motion to dismiss a complaint fails to receive a unanimous vote from the panel or where a motion to authorize a full investigation passes by a majority vote of the panel.
    4. (4) An attorney member of the board shall not sit on an investigative or hearing panel if the attorney has ever appeared before the judge against whom the complaint is filed.
    5. (5)
      1. (A)
        1. (i)
          1. (a) A current or former judge who serves on the board and is the subject of a full investigation by the board or is a party to a hearing before the board must recuse himself or herself from the board pending the completion of such action, with the vacancy to be filled for the duration of the recusal only.
          2. (b) A current or former judge who is subject to a deferred discipline agreement must recuse himself or herself from the board for the duration of the agreement, with the vacancy to be filled for the duration of the recusal only.
        2. (ii) A citizen member of the board must recuse such member's self to avoid any impropriety, appearance of impropriety, or conflict of interest relating to the person's duties as a board member and matters that may come before the board.
      2. (B) A current or former judge whose conduct results in the board taking public disciplinary action against the judge will result in the judge's automatic dismissal from the board, creating a vacancy to be filled by the appropriate appointing authority.
      3. (C) If a member recuses himself or herself or is dismissed pursuant to this subdivision (d)(5), all board matters may be heard by the remaining members of the board or, at the option of the members, a temporary replacement may be designated from the board by a majority vote of such members to sit on any investigative or hearing panel the recused or dismissed member was on.
  5. (e) The board shall sit at such times and in such places as it may, from time to time, deem expedient.
  6. (f) The board may promulgate rules regulating the practice and procedure before the board. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  7. (g) The clerk of the supreme court serves as the clerk of the board, and shall keep such records, minutes, and dockets as the board from time to time prescribes.
  8. (h) Members of the board receive no compensation for their services; however, they are reimbursed for food, lodging, and travel expenses pursuant to policies and guidelines promulgated by the supreme court. All expenses for which reimbursement is allowed under this section must be submitted by the members of the board to the administrative director of the courts upon forms provided and prescribed by that officer.
  9. (i) The appointing authorities, in making their appointments, shall strive to ensure the makeup of the board reflects the diversity of persons in Tennessee.
Backlinks (5)
History (2)
  • Acts 2019, ch. 496, § 1
  • 2022, ch. 976, § 5.
§ 17-5-202. Monthly and quarterly reports — Records retention policy.
  1. (a)
    1. (1) By the twentieth day of each month, the board shall compile and transmit to the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate a report containing at least the following information for the previous month:
      1. (A) The number and category of complaints opened;
      2. (B) The number and category of complaints closed; and
      3. (C) The disposition of the complaints closed by category.
    2. (2) The monthly report must also contain a cumulative, year-to-date total for the complaints reported in subdivisions (a)(1)(A)–(C).
  2. (b) By the twentieth day of January, April, July, and October of each year, the board shall compile and transmit to the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate a report containing at least the following information for the prior three-month period:
    1. (1) The number of complaints opened;
    2. (2) The number of complaints closed;
    3. (3) The disposition of complaints closed;
    4. (4) The number of complaints pending;
    5. (5) The number of complaints for which probable cause has been found;
    6. (6) The number of complaints for which formal charges have been filed based on a recommendation by an investigative panel, including the nature of the charge, the names of the complainant or complainants, and the judge against whom the complaint is filed;
    7. (7) The nature of any complaint filed according to the following categories:
      1. (A) Failure to comply with the law;
      2. (B) Bias, prejudice, and unfairness;
      3. (C) Discourtesy;
      4. (D) Abuse of office;
      5. (E) Delay;
      6. (F) Ex parte communication;
      7. (G) Disability;
      8. (H) Political violation;
      9. (I) Recusal; and
      10. (J) Miscellaneous;
      Backlinks (2)
    8. (8) The type of judge against whom a complaint is filed by category; and
    9. (9) A list of votes taken by each board member as follows:
      1. (A) The member's name;
      2. (B) The number of times the member voted to dismiss a complaint while on an investigative panel; and
      3. (C) The number of times the member voted to authorize an investigation while on an investigative panel.
  3. (c) The quarterly reports must contain a cumulative, year-to-date total of the information compiled in subsection (b).
  4. (d) The October report must also contain a five-year statistical comparison of the prior five (5) fiscal years for the same categories.
  5. (e) The board shall promulgate rules to establish a formal records retention policy and shall review the policy on an annual basis to determine if changes should be made. Such rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Backlinks (1)
History (2)
  • Acts 2019, ch. 496, § 1
  • 2021, ch. 64, § 18.
§ 17-5-203. Notice provided to speakers.
  1. (a) The chair of the board shall provide the speaker of the senate and the speaker of the house of representatives with the name, type of judge, judicial district, if applicable, the reason for the reprimand, and the number of previous reprimands within five (5) business days of the occurrence of each of the following actions:
    1. (1) A judge receives a second or subsequent public reprimand for conduct occurring during the period of time the person is a sitting judge;
    2. (2) A judge receives a second or subsequent private reprimand for conduct within the same misconduct category set out in § 17-5-202(b)(7) occurring during any eight-year term the person holds the office of judge; or
    3. (3) A judge receives a third or subsequent private reprimand for conduct within any of the misconduct categories set out in § 17-5-202(b)(7) occurring during any eight-year term the person holds the office of judge.
  2. (b)
    1. (1) The notice provided to the speakers pursuant to subdivision (a)(1) is a public record.
    2. (2) The notice provided to the speakers pursuant to subdivision (a)(2) or (a)(3) remains confidential unless the general assembly opens an investigation of a judge pursuant to the Constitution of Tennessee, Article VI, § 6 or Article V.
History (1)
  • Acts 2019, ch. 496, § 1.
Part 3 Jurisdiction and Proceedings
§ 17-5-301. Powers of board — Disciplinary counsel.
  1. (a) The board is given broad powers to investigate, hear, and determine charges sufficient to warrant sanctions or removal, and to carry out its duties in all other matters as set forth in this chapter.
  2. (b) The board is specifically authorized to administer oaths and affirmations, to issue process to compel the attendance of witnesses and the production of evidence, to conduct hearings, and to use, exercise, and enjoy any of the powers normally exercised by courts of record in this state. The Tennessee Rules of Civil Procedure are applicable, and the Tennessee Rules of Evidence govern the presentation of proof. The board shall conduct discovery and review the materials collected in camera; provided, that only materials relevant to the investigation shall be made public.
  3. (c) No action of the board is valid unless concurred in by a majority of the members voting upon the action.
  4. (d) The attorney serving as disciplinary counsel for the board immediately preceding July 1, 2019 shall relinquish the position and a new disciplinary counsel is to be appointed by the board. The disciplinary counsel shall serve at the pleasure of the board and may be removed by the board. The disciplinary counsel shall report to the board upon appointment. The disciplinary counsel may employ additional attorneys or staff for administrative support, subject to the approval of the board. Compensation for the disciplinary counsel and additional personnel is fixed by the board. This section shall not be construed to preclude disciplinary counsel employed by the board of professional responsibility from acting as disciplinary counsel and the staff and physical resources of the board of professional responsibility from being utilized, with the approval of the court, to assist in the performance of the disciplinary counsel's functions effectively and without delay. The board shall compensate the board of professional responsibility for the use of any such staff and physical resources.
  5. (e) The disciplinary counsel has the authority and duty to:
    1. (1) Receive and screen complaints, refer complaints to other agencies when appropriate, conduct preliminary investigations, make recommendations to the investigative panel of the board and, upon authorization, conduct full investigations, notify complainants about the status and disposition of their complaints, make recommendations to the investigative panel on the disposition of complaints after full investigation, file formal charges subject to approval of the investigative panel when directed to do so by the investigative panel, and prosecute formal charges;
    2. (2) Maintain permanent records of the operations of the disciplinary counsel's office, including receipt of complaints, screening, investigation, and filing of formal charges in judicial discipline and incapacity matters;
    3. (3) Draft decisions, orders, reports, and other documents on behalf of the hearing and investigative panels if directed by the board;
    4. (4) Compile statistics to aid in the administration of the system, including, but not limited to, a log of all complaints received, investigative files, and statistical summaries of docket processing and case dispositions, consistent with § 17-5-202;
    5. (5) Seek investigative assistance from the Tennessee bureau of investigation, or from any district attorney general and, in appropriate cases, employ private investigators or experts, as necessary, to investigate and process matters before the board. Such action may only be taken in concurrence with the applicable investigative panel; and
    6. (6) Perform other duties at the direction of a majority of the board.
  6. (f)
    1. (1) The board has the power to impose any, or any combination, of the following:
      1. (A) Suspension without impairment of compensation for such period as the board determines;
      2. (B) Imposition of limitations and conditions on the performance of judicial duties, including the issuance of a cease and desist order;
      3. (C) Private reprimand by the investigative panel. A private reprimand, whether imposed by the board or by an investigative panel, may be used in subsequent proceedings as evidence of prior misconduct solely upon the issue of the sanctions to be imposed;
      4. (D) Entry into a deferred discipline agreement;
      5. (E) Public reprimand; and
      6. (F) Entry of judgment recommending removal of the judge from office.
        Backlinks (1)
      Backlinks (3)
    2. (2) Disciplinary counsel fees and costs related to the hearing by a hearing panel shall not be taxed against the judge unless the sanction imposed requests the judge's removal from office.
  7. (g) For purposes of this part, the following definitions apply:
    1. (1) “Deferred discipline agreement” means a response to misconduct that is minor and can be addressed through treatment, training, or a rehabilitation program under which the judge agrees with the recommendation of the investigative panel of the board to undergo evaluation or treatment, or both; participate in educational programs; or take any other corrective action. Any other disciplinary sanction arising from the same conduct is suspended during the term of a deferred discipline agreement, and no further sanction may be imposed upon the successful completion of the deferred disciplinary agreement by the judge. The disciplinary counsel may proceed with other appropriate action upon a judge's failure to comply with the disciplinary agreement;
    2. (2) “Private reprimand” means a form of nonpublic discipline imposed by a letter that details the finding of minor judicial misconduct and enumerates the reasons that such conduct is improper or brings discredit upon the judiciary or the administration of justice; and
    3. (3) “Public reprimand” means a private reprimand that is released to the public.
  8. (h) A sanction imposed by the board does not violate the prohibition of Constitution of Tennessee, Article VI, § 7.
  9. (i) The board or the investigatory panel shall consider the following criteria in determining the sanction or combination of sanctions appropriate for the level of culpability involved in the judge's misconduct:
    1. (1) Whether the misconduct is an isolated instance or evidences a pattern of conduct;
    2. (2) The nature, extent, and frequency of occurrence of the acts of misconduct;
    3. (3) Whether the misconduct occurred in or out of the courtroom;
    4. (4) Whether the misconduct occurred while the judge was acting in an official capacity;
    5. (5) Whether the judge has acknowledged or recognized the occurrence, nature, and impropriety of the acts;
    6. (6) Whether the judge has made an effort to change or modify the conduct;
    7. (7) The level of sanction, if any, previously rendered against other judges for the same conduct;
    8. (8) Whether there have been prior complaints about the judge, except where prior complaints have been found to be frivolous, unfounded, or without jurisdiction pursuant to § 17-5-304;
    9. (9) The effect of the misconduct upon the integrity of, and respect for, the judiciary;
    10. (10) The extent to which the judge exploited the judicial position for personal gain or satisfaction; and
    11. (11) The sanction or sanctions imposed against other judges for the same or similar misconduct under the same or similar circumstances.
  10. (j)
    1. (1) The board may consider the following offenses in determining the sanction or combination of sanctions appropriate for the level of culpability involved in the judge's conduct:
      1. (A) Willful misconduct relating to the official duties of the office;
      2. (B) Willful or persistent failure to perform the duties of the office;
        Backlinks (1)
      3. (C) A violation of the code of judicial conduct as set out in Rule 10 of the Rules of the Tennessee Supreme Court;
      4. (D) A violation of the Tennessee Rules of Professional Conduct as set out in Rule 8 of the Rules of the Tennessee Supreme Court, as is applicable to judges;
      5. (E) A persistent pattern of intemperate, irresponsible, or injudicious conduct;
      6. (F) A persistent pattern of discourtesy to litigants, witnesses, jurors, court personnel, or lawyers;
      7. (G) A persistent pattern of delay in disposing of pending litigation; and
      8. (H) Any other conduct calculated to bring the judiciary into public disrepute or to adversely affect the administration of justice.
      Backlinks (2)
    2. (2) The legal analysis, findings of fact, and conclusions of law of a written opinion or order by a judge are not grounds for sanction under this subsection (j); provided, that the personal views of a judge contained within a written opinion or order by a judge are not protected by this subdivision (j)(2).
    Backlinks (4)
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-302. Investigation and action if reason to believe judge is disabled.
  1. (a) The board is authorized, on its own motion, or pursuant to the complaint of a person having reason to believe a judge is disabled, to investigate and take appropriate action, including recommendation of removal from office, in any case in which an active judge is suffering from a temporary or permanent disability, physical or mental, that would substantially interfere with the prompt, orderly, and efficient performance of the judge's duties. As used in this subsection (a), temporary or permanent disability includes, but is not limited to, substance abuse or dependency, the repeated and consistent inability to stay alert during court proceedings, impairment of cognitive abilities that render the judge unable to function effectively, and any other documented or diagnosed physical or mental behavioral condition adversely affecting the administration of justice.
  2. (b) As part of an investigation or at another point in the disciplinary process, the board or an investigative panel of the board may refer the matter to the Tennessee lawyers assistance program. If the referral is made and the Tennessee lawyers assistance program notifies the board in writing that the judge in the matter is uncooperative or has failed to comply with the recommendations issued under the program, the board may order the judge to submit to a physical or mental evaluation by an appropriately licensed healthcare provider chosen by the board. An investigative panel of the board may also order such a physical or mental evaluation if the action is taken by unanimous vote of the investigative panel and approved by the board chair. The expense of such evaluation must be borne by the board. Prior to a hearing under § 17-5-307, the examiner chosen by the board must disclose any report or opinion issued by the examiner to the judge, the judge's legal representative, the investigative panel, and the disciplinary counsel for the board.
  3. (c) All complaints made under this section are confidential and privileged.
  4. (d) If the board recommends removal from office under this section, the aggrieved judge may appeal to the supreme court as provided in § 17-5-309.
Backlinks (2)
History (2)
  • Acts 2019, ch. 496, § 1
  • 2022, ch. 976, §§ 1, 2.
§ 17-5-303. Investigations of complaints by disciplinary counsel — Recommendation by disciplinary counsel — Action by investigative panel.
  1. (a) The disciplinary counsel shall evaluate all information coming to the disciplinary counsel's attention by complaint, upon the request of any member of the board, or from any other credible source that alleges judicial misconduct or incapacity within fourteen (14) days of the date of a written complaint being filed, a request being submitted, or the receipt of information from a credible source alleging judicial misconduct or incapacity.
  2. (b) In instances in which a complaint is filed, the complaint must be submitted in writing, must contain the name of the complainant, must be signed by the complainant, and must allege specific facts directly relating to the alleged misconduct or incapacity of the judge in question. The disciplinary counsel shall review all complaints and if, in the judgment of the disciplinary counsel, the complaint establishes probable cause that the conduct complained of occurred and violates § 17-5-301(j), the disciplinary counsel shall conduct a preliminary investigation, subject to review by the investigative panel pursuant to subdivision (c)(3). The preliminary investigation must be completed within sixty (60) days of the receipt of the complaint, unless the chair authorizes additional time for the completion of the investigation. If the disciplinary counsel believes the complaint fails to establish probable cause that either the conduct occurred or the conduct constituted a violation of § 17-5-301(j), the disciplinary counsel shall recommend dismissal of the complaint or, if appropriate, refer the matter to another agency. The recommendation for dismissal is subject to review by the investigative panel pursuant to subdivision (c)(3).
  3. (c)
    1. (1) The disciplinary counsel may conduct interviews and examine evidence to determine whether the specific facts alleged are true and, if so, whether the facts establish probable cause that a violation of § 17-5-301(j) has occurred; however, the disciplinary counsel shall not issue a subpoena to obtain testimony or evidence until the investigative panel authorizes a full investigation pursuant to subdivision (c)(3).
    2. (2) If the disciplinary counsel believes there is evidence supporting the allegations against a judge, the disciplinary counsel shall recommend to the investigative panel assigned to the case that the panel authorize a full investigation. The disciplinary counsel may also recommend a full investigation when the disciplinary counsel believes there is evidence that would establish probable cause that a violation of § 17-5-301(j) has occurred and such evidence could be obtained by subpoena or further investigation. In all other cases, the disciplinary counsel must recommend that the matter be dismissed. The disciplinary counsel shall make the recommendation to the investigative panel within fourteen (14) days of the disciplinary counsel's completion of the preliminary investigation.
    3. (3) The investigative panel shall review the disciplinary counsel's recommendations and either dismiss the complaint or authorize a full investigation within fourteen (14) days of receipt of the disciplinary counsel's recommendation. The disciplinary counsel has no authority to dismiss a complaint without the review of and approval by the investigative panel, except when the complaint alleges conduct the entirety of which has been the subject of a prior complaint, is untimely, or alleges matters beyond the permissible scope of the board's inquiry.
      Backlinks (1)
  4. (d)
    1. (1) Within fourteen (14) days after the investigative panel authorizes a full investigation, the disciplinary counsel shall give the following notice to the judge by certified mail:
      1. (A) A specific statement of the allegations being investigated and the canons or rules allegedly violated, with the provision that the investigation can be expanded, if appropriate;
      2. (B) The judge's duty to respond;
      3. (C) The judge's opportunity to meet with the disciplinary counsel; and
      4. (D) The name of the complainant, unless the investigative panel determines that there is good cause to withhold such information.
    2. (2) The investigative panel may defer the giving of notice; however, notice must be given pursuant to this section before making a determination other than dismissal of the complaint.
    3. (3) The disciplinary counsel shall request the judge to file a written response within fourteen (14) days after service of the notice.
  5. (e)
    1. (1) The disciplinary counsel shall complete its investigation within thirty-five (35) days of being authorized by the investigative panel. The disciplinary counsel shall notify the investigative panel of disciplinary counsel's recommendation within seven (7) days of completion of the disciplinary counsel's investigation. The disciplinary counsel may recommend to the investigative panel any, or any combination, of the following:
      1. (A) Dismissal;
      2. (B) Private reprimand, deferred discipline agreement, public reprimand, or any other sanction authorized under § 17-5-301(f)(1);
      3. (C) The filing of formal charges;
      4. (D) Referral to an appropriate agency; or
      5. (E) A stay of the thirty-five-day period for completing the investigation as prescribed in this subdivision (e)(1).
    2. (2) The investigative panel shall act on the disciplinary counsel's recommendation within ten (10) days of its receipt. The investigative panel may adopt, reject, or modify the recommendation of the disciplinary counsel. If the investigative panel finds a violation for which the imposition of a sanction is not warranted, it may dismiss the complaint. If the investigative panel finds that there is reasonable cause to believe the judge committed a judicial offense:
      1. (A) It may direct the disciplinary counsel to file formal charges;
      2. (B)
        1. (i) It may propose any, or any combination, of the following to the judge:
          1. (a) Private reprimand;
          2. (b) Deferred discipline agreement;
          3. (c) Public reprimand; or
          4. (d) Any other sanction authorized under § 17-5-301(f)(1); and
        2. (ii) If the judge consents, the investigative panel shall impose the sanction or implement the deferred sanction agreement; or
      3. (C) If the judge does not consent to the proposed sanction or the deferred discipline agreement, the investigative panel may direct the disciplinary counsel to either file formal charges or dismiss the complaint.
  6. (f) If the investigative panel finds there is reasonable cause to believe the judge committed a judicial offense, and the investigative panel directs the disciplinary counsel to file a formal charge, then upon the filing of the formal charge, all records, actions, and proceedings of the board shall be subject to § 10-7-503 and title 8, chapter 44, except that the board may deliberate in private.
  7. (g) Upon the filing of an indictment, presentment, or information charging a judge with a felony under the law of any state or under federal law, the board may immediately place the judge on interim suspension.
  8. (h) A complaint must be filed within one (1) year of the time that the party filing the complaint knew or reasonably should have known of the alleged misconduct. When the last episode of an alleged pattern of misconduct occurs within the one-year period, all prior acts or omissions related to the alleged pattern of misconduct may be considered, except a prior act or omission for which a complaint was filed and dismissed as unfounded or frivolous without a full investigation by the board.
  9. (i)
    1. (1) Prior to entering into a deferred discipline agreement, the investigative panel must require the judge to sign an affidavit stating that:
      1. (A) The judge consents to the recommendation of the investigative panel;
      2. (B) The consent is freely and voluntarily rendered;
      3. (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and
      4. (D) The facts set forth in the affidavit are true.
    2. (2) The affidavit must be filed with the board upon its approval by the investigative or hearing panel.
History (3)
  • Acts 2019, ch. 496, § 1
  • 2022, ch. 976, §§ 3, 4
  • 2024, ch. 922, § 1.
§ 17-5-304. Investigation and dismissal of groundless complaint.
  1. If it is determined that the charges against a judge are frivolous or unfounded, or beyond the permissible scope of the board's inquiry, the matter will be closed and all documents, records, and papers pertaining to the charges must be destroyed and the board's docket must recite the investigation and dismissal of a groundless complaint.
Backlinks (1)
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-305. Immunity of members of board, disciplinary counsel, and their staff.
  1. Members of the board, the disciplinary counsel, and their staff are immune from civil suit for all conduct in the course of their official duties, except in cases of gross negligence or willful misconduct.
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-306. Formal charges — Answer — Failure to appear — Stated sanction.
  1. (a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses under § 17-5-301(j), or is suffering from a disability as set forth in § 17-5-302, it is the duty of disciplinary counsel to give the judge under investigation written notice of the details of the formal charges.
  2. (b) The formal charges must give fair and adequate notice of the nature of the alleged misconduct or incapacity. The disciplinary counsel shall file the formal charges with the board. The disciplinary counsel shall cause a copy of the formal charges to be served on the judge or the judge's counsel by certified mail and shall file proof of service with the board.
  3. (c) The judge has fourteen (14) days from the date of receipt of written notice of the formal charge to file an answer with the board and serve a copy on the disciplinary counsel.
  4. (d) A judge who raises a defense based on a mental or physical condition waives any medical privilege.
  5. (e) If the judge fails to answer the formal charges, then the failure to answer constitutes an admission of the factual allegations.
  6. (f) If the judge fails to appear when specifically ordered to do so by the hearing panel or the board, the judge is deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or board shall not continue or delay proceedings because of the judge's failure to appear.
    Backlinks (1)
  7. (g)
    1. (1) The judge may agree with the disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction at any time after the filing of formal charges and before final disposition. The agreement must be submitted to the hearing panel assigned to the case, which shall either:
      1. (A) Reject the agreement; or
      2. (B) Approve the agreement and enter the order to sanction the judge.
    2. (2) If the stated sanction is rejected by the hearing panel, the agreement must be withdrawn and cannot be used against the judge in any proceedings.
    3. (3) A judge who consents to a stated sanction shall sign an affidavit stating that:
      1. (A) The judge consents to the sanction;
      2. (B) The consent is freely and voluntarily rendered;
      3. (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and
      4. (D) The facts set forth in the affidavit are true.
    4. (4) The affidavit must be filed with the board upon its approval by the hearing panel. The affidavit remains confidential until it is filed with the board. The final order of sanction must be based on the formal charges and the conditional admission.
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-307. Hearing — Quorum — Clear and convincing evidence.
  1. (a) The matter must be set for hearing within thirty (30) days from the date the answer is filed. The hearing is a full evidentiary hearing at which the judge is entitled to due process, including the right to be represented by counsel, the right of compulsory process to secure the attendance of witnesses, the right of confrontation and of cross-examination of witnesses, and the right to a speedy and public trial. Upon demand of the judge, or upon a finding by the board that the public interest would be served, the trial must be conducted in the county of the judge's residence. A complete transcript of the trial must be prepared by a court reporter.
  2. (b) The hearing panel shall conduct the hearing. Members of the investigative panel for the particular cause shall not participate in the hearing or the deliberations of the cause.
  3. (c) A majority of the hearing panel constitutes a quorum, and a quorum of the hearing panel is required to hold a hearing. The hearing panel shall decide a matter only upon the concurrence of a majority of all members of the panel hearing the matter. The decision of the hearing panel is the decision of the board.
  4. (d) Charges of misconduct must be established by clear and convincing evidence.
Backlinks (2)
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-308. Dismissal of charges or imposition of sanctions — Findings and judgment — Moot removal recommendation.
  1. (a) The board, acting through the hearing panel, may dismiss the charges or impose any sanction authorized in § 17-5-301(f)(1) at the conclusion of the hearing.
  2. (b) The board shall issue a formal finding of fact and opinion within thirty (30) days of the conclusion of the hearing regardless of the sanction imposed. The hearing panel may make a written request to the chair of the board for an extension of time within which to file its findings and judgment. If the hearing panel does not submit its findings and judgment within thirty (30) days, the disciplinary counsel shall report the failure to submit such findings and judgment to the board, which may take any action it deems necessary to secure the submission of the information. The failure of the hearing panel to meet the deadline is not grounds for dismissal of the formal charges.
  3. (c) If the board recommends the removal of a judge from office and by reason of resignation, death, or retirement, the board determines that its recommendation is moot, its formal opinion shall so state. For purposes of this subsection (c), the board's removal recommendation shall be considered moot only if the board determines there is no further punitive action the general assembly could take against the judge.
    Backlinks (1)
  4. (d) The board shall notify the complainant of the results of the hearing, by mailing a copy of the hearing panel's findings and judgment and a copy of the board's formal finding of fact and opinion and any sanction imposed.
Backlinks (1)
History (2)
  • Acts 2019, ch. 496, § 1
  • 2023, ch. 273, § 1.
§ 17-5-309. Appeal by aggrieved judge.
  1. (a) The aggrieved judge or the complainant may appeal to the supreme court, pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, within fourteen (14) days from the date of entry of the judgment of the board following the conclusion of the hearing held pursuant to § 17-5-307. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure.
  2. (b)
    1. (1) The review in the supreme court is de novo on the record made before the board. There is no presumption of correctness of the judgment or the findings of the board.
    2. (2) The supreme court shall convene within seven (7) days after all briefs are filed to hear oral arguments and shall file a written opinion within fourteen (14) days thereafter.
Backlinks (1)
History (2)
  • Acts 2019, ch. 496, § 1
  • 2023, ch. 273, § 2.
§ 17-5-310. Action of board affirmed — Transmittal of recommendation of removal to general assembly.
  1. (a) If the supreme court affirms the action of the board as provided in § 17-5-308, the judgment of the supreme court is final. If the supreme court affirms the action of the board in recommending removal of the judge in accordance with § 17-5-302 or §§ 17-5-308 and 17-5-301(f)(1)(F), the recommendation for removal must be transmitted to the general assembly for a final determination. However, if the supreme court affirms the board's action recommending the removal of a judge and its determination that the recommendation is moot as provided in § 17-5-308(c), the matter may not be transmitted to the general assembly for a final determination but is final upon the supreme court's action.
  2. (b) The clerk of the supreme court shall send written notice of the supreme court's action to affirm the recommendation for removal to the speaker of the senate and speaker of the house of representatives. The clerk of the supreme court shall certify the entire record, including the briefs filed in the supreme court and the opinion of that court, to the speaker of the senate and the speaker of the house of representatives within five (5) days of the clerk's receipt of such record.
  3. (c) The procedure for the removal of a judge provided in accordance with this chapter must not be construed as limiting or altering the power of impeachment, as provided in the Constitution of Tennessee, Article V or the power of removal as provided in the Constitution of Tennessee, Article VI, § 6.
History (1)
  • Acts 2019, ch. 496, § 1.
§ 17-5-311. Conflict between timeframes.
  1. If a conflict arises between the timeframe provided for in this chapter and the timeframe set out in the rules of practice and procedure, the rules of practice and procedure shall control.
History (1)
  • Acts 2019, ch. 496, § 1.