Tenn. Code Ann. § 17-5-201 — TN Code / Title 17 / Chapter 5 / Section 17-5-201
Members of board of judicial conduct - Chair and vice chair - Investigative panels and hearing panels - Promulgation of rules
Status: in_force

(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) Two (2) current or former trial judges, to be appointed by the Tennessee trial judges association; (2) One (1) current or former general sessions court judge, to be appointed by the Tennessee general sessions judges conference; (3) One (1) current or former municipal court judge, to be appointed by the Tennessee municipal judges conference; (4) One (1) current or former juvenile court judge, to be appointed by the Tennessee council of juvenile and family court judges; (5) One (1) current or former court of appeals or court of criminal appeals judge, to be appointed by the Tennessee supreme court; (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) 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) 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. (b) (1) All appointments to the board must be made by July 1, 2019. (2) In order to stagger the terms of the newly appointed board members, initial appointments must be made as follows: (A) The members appointed under subdivisions (a)(1)-(5) serve initial terms of one (1) year, which expire on June 30, 2020; (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 (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) 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) 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) 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) A member who has served the maximum term is eligible for reappointment after the expiration of three (3) years. (7) Notwithstanding this subsection (b) to the contrary and subject to resignation, each member shall serve until the member's successor is duly appointed. (c) The board shall select: (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) Its own vice chair. (d) (1) (A) The chair shall divide the board into: (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 (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. (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. (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) 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) (A) An investigative panel has the duty and authority to: (i) Review the recommendations of the disciplinary counsel after a preliminary investigation and either authorize a full investigation or dismiss the complaint; and (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) . (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) 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) (A) (i) (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. (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. (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. (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. (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. (e) The board shall sit at such times and in such places as it may, from time to time, deem expedient. (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. (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. (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. (i) The appointing authorities, in making their appointments, shall strive to ensure the makeup of the board reflects the diversity of persons in Tennessee. Amended by 2022 Tenn. Acts, ch. 976, s 5, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Amended by 2014 Tenn. Acts, ch. 858, Secs.s 3, s 4, s 5 eff. 4/30/2014. Acts 1979, ch. 356, § 4; T.C.A., § 17-804; Acts 1981, ch. 425, §§ 1, 2; 1995, ch. 208, §§ 3-5, 18; 1999, ch. 151, § 1; 2004, ch. 914, §§ 3b, 3c; 2012 , ch. 819, § 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) Two (2) current or former trial judges, to be appointed by the Tennessee trial judges association; (2) One (1) current or former general sessions court judge, to be appointed by the Tennessee general sessions judges conference; (3) One (1) current or former municipal court judge, to be appointed by the Tennessee municipal judges conference; (4) One (1) current or former juvenile court judge, to be appointed by the Tennessee council of juvenile and family court judges; (5) One (1) current or former court of appeals or court of criminal appeals judge, to be appointed by the Tennessee supreme court; (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) 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) 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.
(1) Two (2) current or former trial judges, to be appointed by the Tennessee trial judges association;
(2) One (1) current or former general sessions court judge, to be appointed by the Tennessee general sessions judges conference;
(3) One (1) current or former municipal court judge, to be appointed by the Tennessee municipal judges conference;
(4) One (1) current or former juvenile court judge, to be appointed by the Tennessee council of juvenile and family court judges;
(5) One (1) current or former court of appeals or court of criminal appeals judge, to be appointed by the Tennessee supreme court;
(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) 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) 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.
(b) (1) All appointments to the board must be made by July 1, 2019. (2) In order to stagger the terms of the newly appointed board members, initial appointments must be made as follows: (A) The members appointed under subdivisions (a)(1)-(5) serve initial terms of one (1) year, which expire on June 30, 2020; (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 (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) 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) 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) 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) A member who has served the maximum term is eligible for reappointment after the expiration of three (3) years. (7) Notwithstanding this subsection (b) to the contrary and subject to resignation, each member shall serve until the member's successor is duly appointed.
(1) All appointments to the board must be made by July 1, 2019.
(2) In order to stagger the terms of the newly appointed board members, initial appointments must be made as follows: (A) The members appointed under subdivisions (a)(1)-(5) serve initial terms of one (1) year, which expire on June 30, 2020; (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 (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.
(A) The members appointed under subdivisions (a)(1)-(5) serve initial terms of one (1) year, which expire on June 30, 2020;
(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
(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) 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) 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) 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) A member who has served the maximum term is eligible for reappointment after the expiration of three (3) years.
(7) Notwithstanding this subsection (b) to the contrary and subject to resignation, each member shall serve until the member's successor is duly appointed.
(c) The board shall select: (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) Its own vice chair.
(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) Its own vice chair.
(d) (1) (A) The chair shall divide the board into: (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 (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. (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. (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) 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) (A) An investigative panel has the duty and authority to: (i) Review the recommendations of the disciplinary counsel after a preliminary investigation and either authorize a full investigation or dismiss the complaint; and (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) . (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) 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) (A) (i) (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. (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. (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. (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. (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.
(1) (A) The chair shall divide the board into: (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 (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. (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. (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.
(A) The chair shall divide the board into: (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 (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.
(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
(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.
(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.
(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) 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) (A) An investigative panel has the duty and authority to: (i) Review the recommendations of the disciplinary counsel after a preliminary investigation and either authorize a full investigation or dismiss the complaint; and (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) . (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.
(A) An investigative panel has the duty and authority to: (i) Review the recommendations of the disciplinary counsel after a preliminary investigation and either authorize a full investigation or dismiss the complaint; and (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) .
(i) Review the recommendations of the disciplinary counsel after a preliminary investigation and either authorize a full investigation or dismiss the complaint; and
(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) .
(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) 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) (A) (i) (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. (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. (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. (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. (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.
(A) (i) (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. (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. (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.
(i) (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. (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.
(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.
(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.
(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.
(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.
(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.
(e) The board shall sit at such times and in such places as it may, from time to time, deem expedient.
(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.
(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.
(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.
(i) The appointing authorities, in making their appointments, shall strive to ensure the makeup of the board reflects the diversity of persons in Tennessee.
Amended by 2022 Tenn. Acts, ch. 976, s 5, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Amended by 2014 Tenn. Acts, ch. 858, Secs.s 3, s 4, s 5 eff. 4/30/2014.
Acts 1979, ch. 356, § 4; T.C.A., § 17-804; Acts 1981, ch. 425, §§ 1, 2; 1995, ch. 208, §§ 3-5, 18; 1999, ch. 151, § 1; 2004, ch. 914, §§ 3b, 3c; 2012 , ch. 819, § 1.
Tenn. Code Ann. § 17-5-302 — TN Code / Title 17 / Chapter 5 / Section 17-5-302
Investigation and action if reason to believe judge is disabled
Status: in_force

(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. (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. (c) All complaints made under this section are confidential and privileged. (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 . Amended by 2022 Tenn. Acts, ch. 976, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 976, s 1, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 12 T.C.A., § 17-812; Acts 2003 , ch. 112, § 1; 2012 , ch. 819, § 4.
(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.
(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.
(c) All complaints made under this section are confidential and privileged.
(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 .
Amended by 2022 Tenn. Acts, ch. 976, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 976, s 1, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 12 T.C.A., § 17-812; Acts 2003 , ch. 112, § 1; 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-2-116 — TN Code / Title 17 / Chapter 2 / Section 17-2-116
Disability of judges or chancellors
Status: in_force

(a) (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) 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. (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. 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.
(a) (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) 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.
(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) 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.
(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.
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.
Tenn. Code Ann. § 17-5-308 — TN Code / Title 17 / Chapter 5 / Section 17-5-308
Dismissal of charges or imposition of sanctions - Findings and judgment - Moot removal recommendation
Status: in_force

(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. (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. (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. (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. Amended by 2023 Tenn. Acts, ch. 273, s 1, eff. 4/28/2023. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 18; T.C.A., § 17-818; Acts 1995, ch. 208, § 14; 2002, ch. 564, § 11; 2012 , ch. 819, § 4.
(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.
(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.
(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.
(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.
Amended by 2023 Tenn. Acts, ch. 273, s 1, eff. 4/28/2023.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 18; T.C.A., § 17-818; Acts 1995, ch. 208, § 14; 2002, ch. 564, § 11; 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-3-105 — TN Code / Title 17 / Chapter 3 / Section 17-3-105
Duty of members to attend - Exception - Expenses
Status: in_force

(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. (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. Amended by 2017 Tenn. Acts, ch. 131,s 1, eff. 4/17/2017. 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.
(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.
(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.
Amended by 2017 Tenn. Acts, ch. 131,s 1, eff. 4/17/2017.
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.
Tenn. Code Ann. § 17-2-302 — TN Code / Title 17 / Chapter 2 / Section 17-2-302
Requests for senior designation
Status: in_force

(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. (b) Requests for senior designation shall be filed with the administrative director of the courts and shall be accompanied by: (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) 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) 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) 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) A written agreement that the justice or judge will abide by the code of judicial conduct; and (6) A duly executed oath of office, taken in the manner prescribed in § 17-1-104 , stating: "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." Acts 1990, ch. 1025, § 2; 1993, ch. 66, § 32; 1999, ch. 86, § 1; 2002, ch. 639, §§ 1, 2.
(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.
(b) Requests for senior designation shall be filed with the administrative director of the courts and shall be accompanied by: (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) 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) 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) 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) A written agreement that the justice or judge will abide by the code of judicial conduct; and (6) A duly executed oath of office, taken in the manner prescribed in § 17-1-104 , stating: "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."
(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) 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) 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) 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) A written agreement that the justice or judge will abide by the code of judicial conduct; and
(6) A duly executed oath of office, taken in the manner prescribed in § 17-1-104 , stating: "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."
"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."
Acts 1990, ch. 1025, § 2; 1993, ch. 66, § 32; 1999, ch. 86, § 1; 2002, ch. 639, §§ 1, 2.
Tenn. Code Ann. § 17-2-117 — TN Code / Title 17 / Chapter 2 / Section 17-2-117
Powers of special judges or chancellors
Status: in_force

(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. (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. 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.
(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.
(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.
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.
Tenn. Code Ann. § 17-1-103 — TN Code / Title 17 / Chapter 1 / Section 17-1-103
Election
Status: in_force

(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. (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. Amended by 2016 Tenn. Acts, ch. 528,s 6, eff. 1/28/2016. 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.
(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.
(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.
Amended by 2016 Tenn. Acts, ch. 528,s 6, eff. 1/28/2016.
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.
Tenn. Code Ann. § 17-1-306 — TN Code / Title 17 / Chapter 1 / Section 17-1-306
Death or insanity pending appeal
Status: in_force

(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. (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. Acts 1945, ch. 21, § 3; C. Supp. 1950, § 9949.3; T.C.A. (orig. ed.), § 17-118.
(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.
(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.
Acts 1945, ch. 21, § 3; C. Supp. 1950, § 9949.3; T.C.A. (orig. ed.), § 17-118.
Tenn. Code Ann. § 17-2-103 — TN Code / Title 17 / Chapter 2 / Section 17-2-103
Powers of special supreme court judges
Status: in_force

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. Code 1858, § 3920 (deriv. Acts 1835-1836, ch. 68, § 1); Shan., § 5716; Code 1932, § 9902; T.C.A. (orig. ed.), § 17-203.
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.
Code 1858, § 3920 (deriv. Acts 1835-1836, ch. 68, § 1); Shan., § 5716; Code 1932, § 9902; T.C.A. (orig. ed.), § 17-203.
Tenn. Code Ann. § 17-5-305 — TN Code / Title 17 / Chapter 5 / Section 17-5-305
Immunity of members of board, disciplinary counsel, and their staff
Status: in_force

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. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 15; T.C.A., § 17-815; Acts 1997, ch. 117, § 1; 2012, ch. 819, § 4.
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.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 15; T.C.A., § 17-815; Acts 1997, ch. 117, § 1; 2012, ch. 819, § 4.
Tenn. Code Ann. § 17-1-206 — TN Code / Title 17 / Chapter 1 / Section 17-1-206
Marriage rites
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-3-104 — TN Code / Title 17 / Chapter 3 / Section 17-3-104
Annual meetings
Status: in_force

(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. (b) The conference shall set the time and place of each annual meeting. Acts 1953, ch. 129, §§ 3, 6 (Williams, §§ 738.15, 738.18); modified; T.C.A. (orig. ed.), § 17-404.
(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.
(b) The conference shall set the time and place of each annual meeting.
Acts 1953, ch. 129, §§ 3, 6 (Williams, §§ 738.15, 738.18); modified; T.C.A. (orig. ed.), § 17-404.
Tenn. Code Ann. § 17-2-107 — TN Code / Title 17 / Chapter 2 / Section 17-2-107
General sessions judges
Status: in_force

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. Code 1858, § 3925; Shan., § 5722; Code 1932, § 9908; modified; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 17-213.
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.
Code 1858, § 3925; Shan., § 5722; Code 1932, § 9908; modified; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 17-213.
Tenn. Code Ann. § 17-1-101 — TN Code / Title 17 / Chapter 1 / Section 17-1-101
Age
Status: in_force

A judge of the supreme court shall be thirty-five (35) years of age; of other courts, thirty (30) years of age. Code 1858, § 3910 (deriv. Const. 1834, art. 6, §§ 3, 4); Shan., § 5703; Code 1932, § 9889; T.C.A. (orig. ed.), § 17-101.
A judge of the supreme court shall be thirty-five (35) years of age; of other courts, thirty (30) years of age.
Code 1858, § 3910 (deriv. Const. 1834, art. 6, §§ 3, 4); Shan., § 5703; Code 1932, § 9889; T.C.A. (orig. ed.), § 17-101.
Tenn. Code Ann. § 17-1-204 — TN Code / Title 17 / Chapter 1 / Section 17-1-204
Extraordinary process
Status: in_force

(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. (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. 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.
(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.
(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.
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.
Tenn. Code Ann. § 17-4-104 — TN Code / Title 17 / Chapter 4 / Section 17-4-104
Commencement of service
Status: in_force

(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) Upon confirmation, if the judge is confirmed to fill a vacancy for an unexpired term; (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) 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. (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. Amended by 2016 Tenn. Acts, ch. 528,s 12, eff. 1/28/2016. Acts 2009, ch. 517, § 1; 2012, ch. 853, § 2.
(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) Upon confirmation, if the judge is confirmed to fill a vacancy for an unexpired term; (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) 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.
(1) Upon confirmation, if the judge is confirmed to fill a vacancy for an unexpired term;
(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) 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.
(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.
Amended by 2016 Tenn. Acts, ch. 528,s 12, eff. 1/28/2016.
Acts 2009, ch. 517, § 1; 2012, ch. 853, § 2.
Tenn. Code Ann. § 17-4-306 — TN Code / Title 17 / Chapter 4 / Section 17-4-306
Vacancy filled as original appointment - Absence from meetings - Vacation of membership
Status: in_force

(a) A vacancy on the commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (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. Amended by 2019 Tenn. Acts, ch. 166,s 3, eff. 4/18/2019. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(a) A vacancy on the commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(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.
Amended by 2019 Tenn. Acts, ch. 166,s 3, eff. 4/18/2019.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-1-104 — TN Code / Title 17 / Chapter 1 / Section 17-1-104
Oath of office
Status: in_force

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. Amended by 2015 Tenn. Acts, ch. 38,s 1, eff. 7/1/2015. 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.
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.
Amended by 2015 Tenn. Acts, ch. 38,s 1, eff. 7/1/2015.
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.
Tenn. Code Ann. § 17-2-115 — TN Code / Title 17 / Chapter 2 / Section 17-2-115
Certification of incompetency to governor
Status: in_force

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. Acts 1871, ch. 128, § 4; Shan., § 5734; Code 1932, § 9923; T.C.A. (orig. ed.), § 17-221.
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.
Acts 1871, ch. 128, § 4; Shan., § 5734; Code 1932, § 9923; T.C.A. (orig. ed.), § 17-221.
Tenn. Code Ann. § 17-4-101 — TN Code / Title 17 / Chapter 4 / Section 17-4-101
Appointment by governor - Length of term - Vacancy - Confirmation
Status: in_force

(a) The governor shall appoint a qualified person to the supreme court, the court of appeals, or the court of criminal appeals: (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) 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. (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. (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. Amended by 2016 Tenn. Acts, ch. 528,s 9, eff. 1/28/2016. Acts 2009, ch. 517, § 1.
(a) The governor shall appoint a qualified person to the supreme court, the court of appeals, or the court of criminal appeals: (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) 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.
(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) 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.
(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.
(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.
Amended by 2016 Tenn. Acts, ch. 528,s 9, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.
Tenn. Code Ann. § 17-4-310 — TN Code / Title 17 / Chapter 4 / Section 17-4-310
Appointment by governor when commission fails to provide list of nominees - Expiration of term
Status: in_force

(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. (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. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(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.
(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.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-2-106 — TN Code / Title 17 / Chapter 2 / Section 17-2-106
Compensation of special supreme court judge
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-4-106 — TN Code / Title 17 / Chapter 4 / Section 17-4-106
Written declaration of candidacy required
Status: in_force

(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. (b) (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: Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced? Retain OR Replace (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. (c) (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) If a majority or one-half (1/2) 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) 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. (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. Amended by 2016 Tenn. Acts, ch. 528, s 14, eff. 1/28/2016. Acts 2009 , ch. 517, § 1; 2012 , ch. 853, § 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.
(b) (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: Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced? Retain OR Replace (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.
(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: Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced? Retain OR Replace
Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced?
Retain
OR
Replace
(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.
(c) (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) If a majority or one-half (1/2) 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) 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.
(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) If a majority or one-half (1/2) 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) 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.
(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.
Amended by 2016 Tenn. Acts, ch. 528, s 14, eff. 1/28/2016.
Acts 2009 , ch. 517, § 1; 2012 , ch. 853, § 1.
Tenn. Code Ann. § 17-2-110 — TN Code / Title 17 / Chapter 2 / Section 17-2-110
Special judge assigned by chief justice upon certification
Status: in_force

(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. (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. (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. Acts 1919, ch. 166, § 1; Shan. Supp., § 5917a3; Code 1932, § 9929; T.C.A. (orig. ed.), § 17-216; Acts 1987, ch. 65, § 2.
(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.
(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.
(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.
Acts 1919, ch. 166, § 1; Shan. Supp., § 5917a3; Code 1932, § 9929; T.C.A. (orig. ed.), § 17-216; Acts 1987, ch. 65, § 2.
Tenn. Code Ann. § 17-5-311 — TN Code / Title 17 / Chapter 5 / Section 17-5-311
Conflict between timeframes
Status: in_force

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. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 345,s 29, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236,s 41, eff. 4/19/2013. Acts 1979, ch. 356, § 21; T.C.A., § 17-821; Acts 1984, ch. 625, §§ 2, 3; 1995, ch. 208, § 16; 2002, ch. 564, § 14; 2012, ch. 819, § 4.
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.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 345,s 29, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236,s 41, eff. 4/19/2013.
Acts 1979, ch. 356, § 21; T.C.A., § 17-821; Acts 1984, ch. 625, §§ 2, 3; 1995, ch. 208, § 16; 2002, ch. 564, § 14; 2012, ch. 819, § 4.
Tenn. Code Ann. § 17-4-102 — TN Code / Title 17 / Chapter 4 / Section 17-4-102
Written notice of judicial appointment by governor - Background investigations of appointees - Confirmation or rejection by general assembly
Status: in_force

(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. (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. (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. (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 (2/3) 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. Amended by 2016 Tenn. Acts, ch. 528,s 10, eff. 1/28/2016. Acts 2009, ch. 517, § 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.
(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.
(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.
(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 (2/3) 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.
Amended by 2016 Tenn. Acts, ch. 528,s 10, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.
Tenn. Code Ann. § 17-3-202 — TN Code / Title 17 / Chapter 3 / Section 17-3-202
Adoption of rules - Bylaws - Officers
Status: in_force

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. Acts 1970, ch. 399, § 2; T.C.A., § 17-602.
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.
Acts 1970, ch. 399, § 2; T.C.A., § 17-602.
Tenn. Code Ann. § 17-2-122 — TN Code / Title 17 / Chapter 2 / Section 17-2-122
Failure of judge to attend - Selection of special judge
Status: in_force

(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. (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. Acts 1997, ch. 473, § 6; 2009, ch. 235, § 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.
(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.
Acts 1997, ch. 473, § 6; 2009, ch. 235, § 1.
Tenn. Code Ann. § 17-3-301 — TN Code / Title 17 / Chapter 3 / Section 17-3-301
Creation - Authority - Annual meeting
Status: in_force

(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. (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. (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. (d) (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) 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. Amended by 2018 Tenn. Acts, ch. 620,Secs.s1, s2 eff. 4/2/2018. Acts 2004, ch. 914, § 4.
(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.
(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.
(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.
(d) (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) 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.
(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) 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.
Amended by 2018 Tenn. Acts, ch. 620,Secs.s1, s2 eff. 4/2/2018.
Acts 2004, ch. 914, § 4.
Tenn. Code Ann. § 17-2-306 — TN Code / Title 17 / Chapter 2 / Section 17-2-306
Termination of senior status
Status: in_force

(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) The senior justice or judge requests termination of the status; (2) The board of judicial conduct so orders; (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) 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. (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. Acts 1990, ch. 1025, § 6; 2012, ch. 819, § 4.
(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) The senior justice or judge requests termination of the status; (2) The board of judicial conduct so orders; (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) 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.
(1) The senior justice or judge requests termination of the status;
(2) The board of judicial conduct so orders;
(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) 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.
(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.
Acts 1990, ch. 1025, § 6; 2012, ch. 819, § 4.
Tenn. Code Ann. § 17-2-201 — TN Code / Title 17 / Chapter 2 / Section 17-2-201
Purpose
Status: in_force

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. Acts 1997, ch. 430, § 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.
Acts 1997, ch. 430, § 1.
Tenn. Code Ann. § 17-5-203 — TN Code / Title 17 / Chapter 5 / Section 17-5-203
Notice provided to speakers
Status: in_force

(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) A judge receives a second or subsequent public reprimand for conduct occurring during the period of time the person is a sitting judge; (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) 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. (b) (1) The notice provided to the speakers pursuant to subdivision (a)(1) is a public record. (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. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 7; T.C.A., § 17-807; Acts 2012 , ch. 819, § 4.
(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) A judge receives a second or subsequent public reprimand for conduct occurring during the period of time the person is a sitting judge; (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) 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.
(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) 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) 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.
(b) (1) The notice provided to the speakers pursuant to subdivision (a)(1) is a public record. (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.
(1) The notice provided to the speakers pursuant to subdivision (a)(1) is a public record.
(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.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 7; T.C.A., § 17-807; Acts 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-2-113 — TN Code / Title 17 / Chapter 2 / Section 17-2-113
Circuit judge acting as chancellor
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-5-202 — TN Code / Title 17 / Chapter 5 / Section 17-5-202
Monthly and quarterly reports - Records retention policy
Status: in_force

(a) (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: (A) The number and category of complaints opened; (B) The number and category of complaints closed; and (C) The disposition of the complaints closed by category. (2) The monthly report must also contain a cumulative, year-to-date total for the complaints reported in subdivisions (a)(1)(A)-(C). (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) The number of complaints opened; (2) The number of complaints closed; (3) The disposition of complaints closed; (4) The number of complaints pending; (5) The number of complaints for which probable cause has been found; (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) The nature of any complaint filed according to the following categories: (A) Failure to comply with the law; (B) Bias, prejudice, and unfairness; (C) Discourtesy; (D) Abuse of office; (E) Delay; (F) Ex parte communication; (G) Disability; (H) Political violation; (I) Recusal; and (J) Miscellaneous; (8) The type of judge against whom a complaint is filed by category; and (9) A list of votes taken by each board member as follows: (A) The member's name; (B) The number of times the member voted to dismiss a complaint while on an investigative panel; and (C) The number of times the member voted to authorize an investigation while on an investigative panel. (c) The quarterly reports must contain a cumulative, year-to-date total of the information compiled in subsection (b). (d) The October report must also contain a five-year statistical comparison of the prior five (5) fiscal years for the same categories. (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. Amended by 2021 Tenn. Acts, ch. 64, s 18, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 5; T.C.A., § 17-805; Acts 2012 , ch. 819, § 4.
(a) (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: (A) The number and category of complaints opened; (B) The number and category of complaints closed; and (C) The disposition of the complaints closed by category. (2) The monthly report must also contain a cumulative, year-to-date total for the complaints reported in subdivisions (a)(1)(A)-(C).
(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: (A) The number and category of complaints opened; (B) The number and category of complaints closed; and (C) The disposition of the complaints closed by category.
(A) The number and category of complaints opened;
(B) The number and category of complaints closed; and
(C) The disposition of the complaints closed by category.
(2) The monthly report must also contain a cumulative, year-to-date total for the complaints reported in subdivisions (a)(1)(A)-(C).
(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) The number of complaints opened; (2) The number of complaints closed; (3) The disposition of complaints closed; (4) The number of complaints pending; (5) The number of complaints for which probable cause has been found; (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) The nature of any complaint filed according to the following categories: (A) Failure to comply with the law; (B) Bias, prejudice, and unfairness; (C) Discourtesy; (D) Abuse of office; (E) Delay; (F) Ex parte communication; (G) Disability; (H) Political violation; (I) Recusal; and (J) Miscellaneous; (8) The type of judge against whom a complaint is filed by category; and (9) A list of votes taken by each board member as follows: (A) The member's name; (B) The number of times the member voted to dismiss a complaint while on an investigative panel; and (C) The number of times the member voted to authorize an investigation while on an investigative panel.
(1) The number of complaints opened;
(2) The number of complaints closed;
(3) The disposition of complaints closed;
(4) The number of complaints pending;
(5) The number of complaints for which probable cause has been found;
(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) The nature of any complaint filed according to the following categories: (A) Failure to comply with the law; (B) Bias, prejudice, and unfairness; (C) Discourtesy; (D) Abuse of office; (E) Delay; (F) Ex parte communication; (G) Disability; (H) Political violation; (I) Recusal; and (J) Miscellaneous;
(A) Failure to comply with the law;
(B) Bias, prejudice, and unfairness;
(C) Discourtesy;
(D) Abuse of office;
(E) Delay;
(F) Ex parte communication;
(G) Disability;
(H) Political violation;
(I) Recusal; and
(J) Miscellaneous;
(8) The type of judge against whom a complaint is filed by category; and
(9) A list of votes taken by each board member as follows: (A) The member's name; (B) The number of times the member voted to dismiss a complaint while on an investigative panel; and (C) The number of times the member voted to authorize an investigation while on an investigative panel.
(A) The member's name;
(B) The number of times the member voted to dismiss a complaint while on an investigative panel; and
(C) The number of times the member voted to authorize an investigation while on an investigative panel.
(c) The quarterly reports must contain a cumulative, year-to-date total of the information compiled in subsection (b).
(d) The October report must also contain a five-year statistical comparison of the prior five (5) fiscal years for the same categories.
(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.
Amended by 2021 Tenn. Acts, ch. 64, s 18, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 5; T.C.A., § 17-805; Acts 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-5-310 — TN Code / Title 17 / Chapter 5 / Section 17-5-310
Action of board affirmed - Transmittal of recommendation of removal to general assembly
Status: in_force

(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. (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. (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. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 20; T.C.A., § 17-820; Acts 2002, ch. 564, § 13; 2012 , ch. 819, § 4.
(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.
(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.
(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.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 20; T.C.A., § 17-820; Acts 2002, ch. 564, § 13; 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-2-111 — TN Code / Title 17 / Chapter 2 / Section 17-2-111
Expenses of assigned judge or chancellor
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-3-204 — TN Code / Title 17 / Chapter 3 / Section 17-3-204
Duty to attend - Expenses
Status: in_force

(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. (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. Acts 1970, ch. 399, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 17-604; Acts 2003, ch. 90, § 2.
(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.
(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.
Acts 1970, ch. 399, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 17-604; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 17-2-112 — TN Code / Title 17 / Chapter 2 / Section 17-2-112
Transfers from chancery to circuit court because of incompetency
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-4-305 — TN Code / Title 17 / Chapter 4 / Section 17-4-305
Terms generally - Eligibility for reappointment
Status: in_force

(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. (b) Members shall be eligible for reappointment for a successive term. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(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.
(b) Members shall be eligible for reappointment for a successive term.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-5-304 — TN Code / Title 17 / Chapter 5 / Section 17-5-304
Investigation and dismissal of groundless complaint
Status: in_force

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. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 14; T.C.A., § 17-814; Acts 1983, ch. 17, § 2; 1995, ch. 208, § 11; 2002, ch. 564, §§ 10, 16; 2012, ch. 819, §§ 2, 4; 2012.
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.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 14; T.C.A., § 17-814; Acts 1983, ch. 17, § 2; 1995, ch. 208, § 11; 2002, ch. 564, §§ 10, 16; 2012, ch. 819, §§ 2, 4; 2012.
Tenn. Code Ann. § 17-1-202 — TN Code / Title 17 / Chapter 1 / Section 17-1-202
Penalty for failure to open court
Status: in_force

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. Code 1858, § 3939 (deriv. Acts 1853-1854, ch. 39, § 1); Shan., § 5743; Code 1932, § 9934; T.C.A. (orig. ed.), § 17-107.
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.
Code 1858, § 3939 (deriv. Acts 1853-1854, ch. 39, § 1); Shan., § 5743; Code 1932, § 9934; T.C.A. (orig. ed.), § 17-107.
Tenn. Code Ann. § 17-1-305 — TN Code / Title 17 / Chapter 1 / Section 17-1-305
New trial in event of vacancy in office
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-2-207 — TN Code / Title 17 / Chapter 2 / Section 17-2-207
Interchange by special judges
Status: in_force

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. Code 1858, § 3929; Shan., § 5727; Code 1932, § 9916; Acts 1959, ch. 150, § 1; T.C.A. (orig. ed.), § 17-224.
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.
Code 1858, § 3929; Shan., § 5727; Code 1932, § 9916; Acts 1959, ch. 150, § 1; T.C.A. (orig. ed.), § 17-224.
Tenn. Code Ann. § 17-5-307 — TN Code / Title 17 / Chapter 5 / Section 17-5-307
Hearing - Quorum - Clear and convincing evidence
Status: in_force

(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. (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. (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. (d) Charges of misconduct must be established by clear and convincing evidence. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 17; T.C.A., § 17-817; Acts 1995, ch. 208, § 13; 2002, ch. 564, § 15; 2012, ch. 819, § 4.
(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.
(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.
(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.
(d) Charges of misconduct must be established by clear and convincing evidence.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 17; T.C.A., § 17-817; Acts 1995, ch. 208, § 13; 2002, ch. 564, § 15; 2012, ch. 819, § 4.
Tenn. Code Ann. § 17-2-120 — TN Code / Title 17 / Chapter 2 / Section 17-2-120
Oath of special judge
Status: in_force

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." Acts 1870, ch. 78, § 2; Shan., § 5731; Code 1932, § 9920; T.C.A. (orig. ed.), § 17-227.
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."
Acts 1870, ch. 78, § 2; Shan., § 5731; Code 1932, § 9920; T.C.A. (orig. ed.), § 17-227.
Tenn. Code Ann. § 17-1-303 — TN Code / Title 17 / Chapter 1 / Section 17-1-303
Vacancy in office of county judge
Status: in_force

(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. (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. 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.
(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.
(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.
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.
Tenn. Code Ann. § 17-5-101 — TN Code / Title 17 / Chapter 5 / Section 17-5-101
Intent of chapter
Status: in_force

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. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 1; T.C.A., § 17-801; Acts 1995, ch. 208, § 1; 2002, ch. 564, §§ 1, 2.
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.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 1; T.C.A., § 17-801; Acts 1995, ch. 208, § 1; 2002, ch. 564, §§ 1, 2.
Tenn. Code Ann. § 17-2-119 — TN Code / Title 17 / Chapter 2 / Section 17-2-119
Contested elections - Temporary judge
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-4-103 — TN Code / Title 17 / Chapter 4 / Section 17-4-103
Legislative vote on confirmation
Status: in_force

(a) (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) 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. (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. Amended by 2016 Tenn. Acts, ch. 528,s 11, eff. 1/28/2016. Acts 2009, ch. 517, § 1.
(a) (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) 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.
(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) 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.
(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.
Amended by 2016 Tenn. Acts, ch. 528,s 11, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.
Tenn. Code Ann. § 17-2-104 — TN Code / Title 17 / Chapter 2 / Section 17-2-104
Sickness of judges of supreme court
Status: in_force

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. Acts 1868-1869, ch. 28, § 3; 1895, ch. 76, § 7; Shan., § 5725; mod. Code 1932, § 9914; modified; T.C.A. (orig. ed.), § 17-204.
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.
Acts 1868-1869, ch. 28, § 3; 1895, ch. 76, § 7; Shan., § 5725; mod. Code 1932, § 9914; modified; T.C.A. (orig. ed.), § 17-204.
Tenn. Code Ann. § 17-4-301 — TN Code / Title 17 / Chapter 4 / Section 17-4-301
Establishment - Composition of commission - Information
Status: in_force

(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) Five (5) members shall be appointed by the speaker of the senate. At least three (3) of these members shall be attorneys; (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) 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. (b) (1) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows: (A) One (1) of the initial appointments by the speaker of the senate shall be made for a term of two (2) years; (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; (C) The speakers' joint appointment shall be made for a term of two (2) years; (D) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of four (4) years each; (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; (F) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of six (6) years each; and (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) After the initial appointments, the terms for all appointments shall comply with §§ 17-4-305 and 17-4-306 . (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. Added by 2016 Tenn. Acts, ch. 528, s 17, eff. 1/28/2016.
(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) Five (5) members shall be appointed by the speaker of the senate. At least three (3) of these members shall be attorneys; (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) 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.
(1) Five (5) members shall be appointed by the speaker of the senate. At least three (3) of these members shall be attorneys;
(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) 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.
(b) (1) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows: (A) One (1) of the initial appointments by the speaker of the senate shall be made for a term of two (2) years; (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; (C) The speakers' joint appointment shall be made for a term of two (2) years; (D) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of four (4) years each; (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; (F) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of six (6) years each; and (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) After the initial appointments, the terms for all appointments shall comply with §§ 17-4-305 and 17-4-306 .
(1) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows: (A) One (1) of the initial appointments by the speaker of the senate shall be made for a term of two (2) years; (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; (C) The speakers' joint appointment shall be made for a term of two (2) years; (D) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of four (4) years each; (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; (F) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of six (6) years each; and (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.
(A) One (1) of the initial appointments by the speaker of the senate shall be made for a term of two (2) years;
(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;
(C) The speakers' joint appointment shall be made for a term of two (2) years;
(D) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of four (4) years each;
(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;
(F) Two (2) of the initial appointments by the speaker of the senate shall be made for terms of six (6) years each; and
(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) After the initial appointments, the terms for all appointments shall comply with §§ 17-4-305 and 17-4-306 .
(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.
Added by 2016 Tenn. Acts, ch. 528, s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-2-105 — TN Code / Title 17 / Chapter 2 / Section 17-2-105
Special judges for appellate courts
Status: in_force

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. 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.
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.
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.
Tenn. Code Ann. § 17-2-206 — TN Code / Title 17 / Chapter 2 / Section 17-2-206
Powers on interchange
Status: in_force

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. Code 1858, § 3918 (deriv. Acts 1835-1836, ch. 20, § 2); Shan., § 5711; Code 1932, § 9897; T.C.A. (orig. ed.), § 17-212.
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.
Code 1858, § 3918 (deriv. Acts 1835-1836, ch. 20, § 2); Shan., § 5711; Code 1932, § 9897; T.C.A. (orig. ed.), § 17-212.
Tenn. Code Ann. § 17-1-402 — TN Code / Title 17 / Chapter 1 / Section 17-1-402
Fixing of salaries - Approval by chief justice - Payment
Status: in_force

(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. (b) The salaries shall be payable in equal monthly installments out of the treasury upon the warrants of the commissioner of finance and administration. Acts 1967, ch. 175, § 2; T.C.A., § 17-121; Acts 1993, ch. 66, § 30.
(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.
(b) The salaries shall be payable in equal monthly installments out of the treasury upon the warrants of the commissioner of finance and administration.
Acts 1967, ch. 175, § 2; T.C.A., § 17-121; Acts 1993, ch. 66, § 30.
Tenn. Code Ann. § 17-4-309 — TN Code / Title 17 / Chapter 4 / Section 17-4-309
Nominees - requirements
Status: in_force

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. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
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.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-2-209 — TN Code / Title 17 / Chapter 2 / Section 17-2-209
Interchange in certain divorce actions
Status: in_force

(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. (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. (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. Acts 1982, ch. 696, § 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.
(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.
(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.
Acts 1982, ch. 696, § 1.
Tenn. Code Ann. § 17-4-304 — TN Code / Title 17 / Chapter 4 / Section 17-4-304
Start of term - Rules
Status: in_force

(a) The term of office of each member of the commission shall begin on February 1, 2016. (b) The commission shall have the authority to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(a) The term of office of each member of the commission shall begin on February 1, 2016.
(b) The commission shall have the authority to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-4-307 — TN Code / Title 17 / Chapter 4 / Section 17-4-307
Compensation - Reimbursement for expenses
Status: in_force

(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. (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. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(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.
(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.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-2-301 — TN Code / Title 17 / Chapter 2 / Section 17-2-301
Short title
Status: in_force

This part shall be known and may be cited as the "Senior Judge Enabling Act of 1990." Acts 1990, ch. 1025, § 1.
This part shall be known and may be cited as the "Senior Judge Enabling Act of 1990."
Acts 1990, ch. 1025, § 1.
Tenn. Code Ann. § 17-1-401 — TN Code / Title 17 / Chapter 1 / Section 17-1-401
Provision for secretarial assistance
Status: in_force

(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. (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. Acts 1967, ch. 175, § 1; T.C.A., § 17-120; Acts 1991, ch. 379, § 1; 1993, ch. 66, §§ 28, 29.
(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.
(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.
Acts 1967, ch. 175, § 1; T.C.A., § 17-120; Acts 1991, ch. 379, § 1; 1993, ch. 66, §§ 28, 29.