Tenn. Code Ann. § 17-2-123 — TN Code / Title 17 / Chapter 2 / Section 17-2-123
Full-time master in certain counties
Status: in_force

(a) (1) Notwithstanding any law to the contrary, the circuit or chancery court judges of a county may appoint a full-time master to serve as a judicial officer in the absence of any such judges. (2) A master appointed pursuant to subdivision (a)(1) shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility. (3) The compensation for a master appointed pursuant to this section shall be fixed by the presiding judge of the judicial district and shall be paid from any fund appropriated for such purpose by the county governing body. (4) The master shall have all the powers specified in § 17-2-118 and the powers granted to masters by Tenn. R. Civ. P. 53. (b) (1) Notwithstanding any law to the contrary, the circuit or chancery courts exercising domestic or probate jurisdiction may appoint one (1) or more suitable persons to act as masters at the pleasure of the judge. A master shall be a member of the bar in good standing and shall hold office at the pleasure of the judge. The compensation of a master shall be fixed by the judge with approval of the county legislative body or the pertinent governing body, and paid from public funds. (2) Provided the respective circuit or chancery court has jurisdiction in the manner provided for the hearing of cases by the court, the judge or judges for whom the master serves may direct that the master hear in the first instance the following types of cases: (A) Orders of protection (both hearings and reviews); (B) Motions to amend or alter orders of protection; (C) Child support petitions; (D) Signing appearance orders for child support cases; (E) Signing and hearing show cause orders for temporary support and parenting time; (F) Signing attachment orders; (G) Temporary parenting plans; and (H) Matters related to probate. (3) A master has the same authority as the judge to issue any and all process necessary in the types of cases the master is authorized by subdivision (b)(2) to hear. The master in the conduct of authorized proceedings has the powers of a trial judge. (4) Upon the conclusion of the hearing in each case, the master shall transmit to the judge all papers relating to the case, together with the master's findings and recommendations in writing. (5) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request with the court for hearing by the appropriate circuit or chancery court judge. The judge may, on the judge's own motion, order a rehearing of any matter heard before a master, and shall allow a hearing if a request for such hearing is filed as herein prescribed. Unless the judge orders otherwise, the order of the master shall be the decree of the court pending a rehearing. (6) Any appeal from the master to the judge from a final order shall be tried de novo by the judge. (7) In case no hearing of a final order before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the master become the decree of the court when confirmed by an order of the judge. The final order of the court is, in any event, proof of such confirmation, and also of the fact that the matter was duly referred to the master. (c) This section applies in a county upon the adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body authorizing the appointment of masters. A county to which this section applied before April 14, 2022, is not required to adopt this section and may continue to appoint masters. Amended by 2022 Tenn. Acts, ch. 864, Secs.s1, s2, s3, s4, s5, s6 eff. 4/14/2022. Acts 1998, ch. 880, § 1; 2010 , ch. 845, § 1.
(a) (1) Notwithstanding any law to the contrary, the circuit or chancery court judges of a county may appoint a full-time master to serve as a judicial officer in the absence of any such judges. (2) A master appointed pursuant to subdivision (a)(1) shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility. (3) The compensation for a master appointed pursuant to this section shall be fixed by the presiding judge of the judicial district and shall be paid from any fund appropriated for such purpose by the county governing body. (4) The master shall have all the powers specified in § 17-2-118 and the powers granted to masters by Tenn. R. Civ. P. 53.
(1) Notwithstanding any law to the contrary, the circuit or chancery court judges of a county may appoint a full-time master to serve as a judicial officer in the absence of any such judges.
(2) A master appointed pursuant to subdivision (a)(1) shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility.
(3) The compensation for a master appointed pursuant to this section shall be fixed by the presiding judge of the judicial district and shall be paid from any fund appropriated for such purpose by the county governing body.
(4) The master shall have all the powers specified in § 17-2-118 and the powers granted to masters by Tenn. R. Civ. P. 53.
(b) (1) Notwithstanding any law to the contrary, the circuit or chancery courts exercising domestic or probate jurisdiction may appoint one (1) or more suitable persons to act as masters at the pleasure of the judge. A master shall be a member of the bar in good standing and shall hold office at the pleasure of the judge. The compensation of a master shall be fixed by the judge with approval of the county legislative body or the pertinent governing body, and paid from public funds. (2) Provided the respective circuit or chancery court has jurisdiction in the manner provided for the hearing of cases by the court, the judge or judges for whom the master serves may direct that the master hear in the first instance the following types of cases: (A) Orders of protection (both hearings and reviews); (B) Motions to amend or alter orders of protection; (C) Child support petitions; (D) Signing appearance orders for child support cases; (E) Signing and hearing show cause orders for temporary support and parenting time; (F) Signing attachment orders; (G) Temporary parenting plans; and (H) Matters related to probate. (3) A master has the same authority as the judge to issue any and all process necessary in the types of cases the master is authorized by subdivision (b)(2) to hear. The master in the conduct of authorized proceedings has the powers of a trial judge. (4) Upon the conclusion of the hearing in each case, the master shall transmit to the judge all papers relating to the case, together with the master's findings and recommendations in writing. (5) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request with the court for hearing by the appropriate circuit or chancery court judge. The judge may, on the judge's own motion, order a rehearing of any matter heard before a master, and shall allow a hearing if a request for such hearing is filed as herein prescribed. Unless the judge orders otherwise, the order of the master shall be the decree of the court pending a rehearing. (6) Any appeal from the master to the judge from a final order shall be tried de novo by the judge. (7) In case no hearing of a final order before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the master become the decree of the court when confirmed by an order of the judge. The final order of the court is, in any event, proof of such confirmation, and also of the fact that the matter was duly referred to the master.
(1) Notwithstanding any law to the contrary, the circuit or chancery courts exercising domestic or probate jurisdiction may appoint one (1) or more suitable persons to act as masters at the pleasure of the judge. A master shall be a member of the bar in good standing and shall hold office at the pleasure of the judge. The compensation of a master shall be fixed by the judge with approval of the county legislative body or the pertinent governing body, and paid from public funds.
(2) Provided the respective circuit or chancery court has jurisdiction in the manner provided for the hearing of cases by the court, the judge or judges for whom the master serves may direct that the master hear in the first instance the following types of cases: (A) Orders of protection (both hearings and reviews); (B) Motions to amend or alter orders of protection; (C) Child support petitions; (D) Signing appearance orders for child support cases; (E) Signing and hearing show cause orders for temporary support and parenting time; (F) Signing attachment orders; (G) Temporary parenting plans; and (H) Matters related to probate.
(A) Orders of protection (both hearings and reviews);
(B) Motions to amend or alter orders of protection;
(C) Child support petitions;
(D) Signing appearance orders for child support cases;
(E) Signing and hearing show cause orders for temporary support and parenting time;
(F) Signing attachment orders;
(G) Temporary parenting plans; and
(H) Matters related to probate.
(3) A master has the same authority as the judge to issue any and all process necessary in the types of cases the master is authorized by subdivision (b)(2) to hear. The master in the conduct of authorized proceedings has the powers of a trial judge.
(4) Upon the conclusion of the hearing in each case, the master shall transmit to the judge all papers relating to the case, together with the master's findings and recommendations in writing.
(5) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request with the court for hearing by the appropriate circuit or chancery court judge. The judge may, on the judge's own motion, order a rehearing of any matter heard before a master, and shall allow a hearing if a request for such hearing is filed as herein prescribed. Unless the judge orders otherwise, the order of the master shall be the decree of the court pending a rehearing.
(6) Any appeal from the master to the judge from a final order shall be tried de novo by the judge.
(7) In case no hearing of a final order before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the master become the decree of the court when confirmed by an order of the judge. The final order of the court is, in any event, proof of such confirmation, and also of the fact that the matter was duly referred to the master.
(c) This section applies in a county upon the adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body authorizing the appointment of masters. A county to which this section applied before April 14, 2022, is not required to adopt this section and may continue to appoint masters.
Amended by 2022 Tenn. Acts, ch. 864, Secs.s1, s2, s3, s4, s5, s6 eff. 4/14/2022.
Acts 1998, ch. 880, § 1; 2010 , ch. 845, § 1.
Tenn. Code Ann. § 17-5-102 — TN Code / Title 17 / Chapter 5 / Section 17-5-102
Applicability of chapter
Status: in_force

(a) This chapter applies to: (1) All Tennessee judges, including, but not limited to, appellate, trial, general sessions, probate, juvenile, and municipal judges, senior judges, claims commissioners, and all other judges sitting on or presiding over any court created by the general assembly or by the express or implied authority of the general assembly; (2) All persons for their conduct while sitting or presiding over any judicial proceeding, including, but not limited to, persons sitting by special appointment; and (3) Candidates for judicial office, as defined by the Code of Judicial Conduct, Rule 10 of the Rules of the Tennessee Supreme Court. (b) This chapter does not apply to administrative law judges. (c) This chapter regulates judicial behavior, not judicial decision-making. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 2; T.C.A., § 17-802; Acts 1983, ch. 17, § 1; 1995, ch. 208, § 2; 2002, ch. 564, § 3.
(a) This chapter applies to: (1) All Tennessee judges, including, but not limited to, appellate, trial, general sessions, probate, juvenile, and municipal judges, senior judges, claims commissioners, and all other judges sitting on or presiding over any court created by the general assembly or by the express or implied authority of the general assembly; (2) All persons for their conduct while sitting or presiding over any judicial proceeding, including, but not limited to, persons sitting by special appointment; and (3) Candidates for judicial office, as defined by the Code of Judicial Conduct, Rule 10 of the Rules of the Tennessee Supreme Court.
(1) All Tennessee judges, including, but not limited to, appellate, trial, general sessions, probate, juvenile, and municipal judges, senior judges, claims commissioners, and all other judges sitting on or presiding over any court created by the general assembly or by the express or implied authority of the general assembly;
(2) All persons for their conduct while sitting or presiding over any judicial proceeding, including, but not limited to, persons sitting by special appointment; and
(3) Candidates for judicial office, as defined by the Code of Judicial Conduct, Rule 10 of the Rules of the Tennessee Supreme Court.
(b) This chapter does not apply to administrative law judges.
(c) This chapter regulates judicial behavior, not judicial decision-making.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 2; T.C.A., § 17-802; Acts 1983, ch. 17, § 1; 1995, ch. 208, § 2; 2002, ch. 564, § 3.
Tenn. Code Ann. § 17-2-118 — TN Code / Title 17 / Chapter 2 / Section 17-2-118
Substitute judges
Status: in_force

(a) If, for good cause, including, but not limited to, by reason of illness, physical incapacitation, vacation or absence from the city or judicial district on a matter related to the judge's judicial office, the judge of a state or county trial court of record is unable to hold court, the judge shall appoint a substitute judge to hold court, preside and adjudicate. (b) A substitute judge shall possess all of the qualifications of a judge of the court in which the substitute is appointed. (c) No substitute judge may be appointed for a period of more than three (3) days; provided, that the judge appointed pursuant to this section may finish any trial that is commenced during the period of appointment. (d) A substitute judge appointed pursuant to this section shall have no authority to award fees except those that are statutory. (e) A substitute judge shall not preside over a cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall plainly state that the substitute judge has not been duly elected by the citizens of the judicial district or appointed by the governor but has been appointed pursuant to this section. Further, the consent form shall include the name of the lawyer appointed as substitute judge, the judge of the court in which the substitute judge is sitting, the date for which the substitute judge was appointed and the reason for the regular judge's absence. The consent form shall be transmitted and maintained on file for public inspection at the administrative office of the courts in Nashville. (f) (1) Subsections (a)-(e) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge: (A) A duly elected or appointed judge of any inferior court; or (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer. (2) Notwithstanding subsections (a)-(e), a judge shall have the authority to appoint a substitute judge as provided in subdivision (f)(1). Acts 1870, ch. 78, §§ 1, 3, 4; Shan., §§ 5730, 5732; mod. Code 1932, §§ 9919, 9921; T.C.A., (orig. ed.), § 17-225; modified; Acts 1996, ch. 943, § 1; 1999, ch. 23, § 2; 2009, ch. 235, § 1.
(a) If, for good cause, including, but not limited to, by reason of illness, physical incapacitation, vacation or absence from the city or judicial district on a matter related to the judge's judicial office, the judge of a state or county trial court of record is unable to hold court, the judge shall appoint a substitute judge to hold court, preside and adjudicate.
(b) A substitute judge shall possess all of the qualifications of a judge of the court in which the substitute is appointed.
(c) No substitute judge may be appointed for a period of more than three (3) days; provided, that the judge appointed pursuant to this section may finish any trial that is commenced during the period of appointment.
(d) A substitute judge appointed pursuant to this section shall have no authority to award fees except those that are statutory.
(e) A substitute judge shall not preside over a cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall plainly state that the substitute judge has not been duly elected by the citizens of the judicial district or appointed by the governor but has been appointed pursuant to this section. Further, the consent form shall include the name of the lawyer appointed as substitute judge, the judge of the court in which the substitute judge is sitting, the date for which the substitute judge was appointed and the reason for the regular judge's absence. The consent form shall be transmitted and maintained on file for public inspection at the administrative office of the courts in Nashville.
(f) (1) Subsections (a)-(e) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge: (A) A duly elected or appointed judge of any inferior court; or (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer. (2) Notwithstanding subsections (a)-(e), a judge shall have the authority to appoint a substitute judge as provided in subdivision (f)(1).
(1) Subsections (a)-(e) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge: (A) A duly elected or appointed judge of any inferior court; or (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer.
(A) A duly elected or appointed judge of any inferior court; or
(B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer.
(2) Notwithstanding subsections (a)-(e), a judge shall have the authority to appoint a substitute judge as provided in subdivision (f)(1).
Acts 1870, ch. 78, §§ 1, 3, 4; Shan., §§ 5730, 5732; mod. Code 1932, §§ 9919, 9921; T.C.A., (orig. ed.), § 17-225; modified; Acts 1996, ch. 943, § 1; 1999, ch. 23, § 2; 2009, ch. 235, § 1.
Tenn. Code Ann. § 17-2-305 — TN Code / Title 17 / Chapter 2 / Section 17-2-305
Compensation, benefits, quarters, personnel and expenses
Status: in_force

(a) (1) Senior justices and judges shall receive a salary calculated on the amount of time the senior justice or judge actually worked. The rate of payment shall be based upon the current compensation of the former office held by the senior justice or judge; provided, that where a senior justice or judge is receiving a retirement allowance under any retirement program administered by the Tennessee consolidated retirement system, the total combined annual amount of retirement allowance and annual salary received as a senior justice or judge cannot exceed the current annual compensation of the office from which the justice or judge retired. (2) The salary shall be payable in monthly installments by the commissioner of finance and administration out of the state treasury. (b) (1) Senior justices and judges shall be considered to be state employees and shall be entitled to participate in the state's insurance and benefit programs on the same basis as other active justices and judges, except as provided in subdivision (b)(2). (2) (A) Any senior justice or judge who has not attained the maximum creditable service under the retirement system to which the justice or judge belongs shall be entitled to receive credit in the retirement system for service as a senior justice or judge; provided, that the senior justice or judge: (i) Elects to receive the credit by notice to the board of trustees of the Tennessee consolidated retirement system; and (ii) Authorizes the deduction of the applicable contributions as set forth under title 8, chapter 37, part 2. (B) Such service shall be based on the actual work performed and shall be added to the creditable service of the senior justice or judge. On July 1 of each year, the senior justice's or judge's retirement benefits shall be adjusted according to the retirement system to which the senior justice or judge belongs, as appropriate. (3) Notwithstanding this subsection (b) to the contrary, any former judge who is a retired member of the Tennessee consolidated retirement system or of a superseded system as defined in § 8-34-101 and who is designated or redesignated as a senior justice or judge on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the judge's position, and establish credit for the additional service. (c) Senior justices and judges shall be provided with suitable office space and equipment, secretarial and research assistance and a law library similar to that provided to active justices and judges. Local governments presently responsible for providing quarters, personnel or other support for state judges shall cooperate with and assist the administrative director of the courts in providing for the reasonable needs of the senior justices or judges assigned to work in their county. (d) A senior justice or judge assigned to a court located outside of the justice's or judge's county of residence shall receive the same reimbursement for travel expenses that is provided to active justices and judges. The expenses shall be paid upon the presentation of an itemized statement certified by the senior justice or judge to be correct. Amended by 2018 Tenn. Acts, ch. 736,s 27, eff. 4/18/2018. Acts 1990, ch. 1025, § 5; 1993, ch. 66, § 33; 1995, ch. 491, § 1; 2002, ch. 639, §§ 4 - 7.
(a) (1) Senior justices and judges shall receive a salary calculated on the amount of time the senior justice or judge actually worked. The rate of payment shall be based upon the current compensation of the former office held by the senior justice or judge; provided, that where a senior justice or judge is receiving a retirement allowance under any retirement program administered by the Tennessee consolidated retirement system, the total combined annual amount of retirement allowance and annual salary received as a senior justice or judge cannot exceed the current annual compensation of the office from which the justice or judge retired. (2) The salary shall be payable in monthly installments by the commissioner of finance and administration out of the state treasury.
(1) Senior justices and judges shall receive a salary calculated on the amount of time the senior justice or judge actually worked. The rate of payment shall be based upon the current compensation of the former office held by the senior justice or judge; provided, that where a senior justice or judge is receiving a retirement allowance under any retirement program administered by the Tennessee consolidated retirement system, the total combined annual amount of retirement allowance and annual salary received as a senior justice or judge cannot exceed the current annual compensation of the office from which the justice or judge retired.
(2) The salary shall be payable in monthly installments by the commissioner of finance and administration out of the state treasury.
(b) (1) Senior justices and judges shall be considered to be state employees and shall be entitled to participate in the state's insurance and benefit programs on the same basis as other active justices and judges, except as provided in subdivision (b)(2). (2) (A) Any senior justice or judge who has not attained the maximum creditable service under the retirement system to which the justice or judge belongs shall be entitled to receive credit in the retirement system for service as a senior justice or judge; provided, that the senior justice or judge: (i) Elects to receive the credit by notice to the board of trustees of the Tennessee consolidated retirement system; and (ii) Authorizes the deduction of the applicable contributions as set forth under title 8, chapter 37, part 2. (B) Such service shall be based on the actual work performed and shall be added to the creditable service of the senior justice or judge. On July 1 of each year, the senior justice's or judge's retirement benefits shall be adjusted according to the retirement system to which the senior justice or judge belongs, as appropriate. (3) Notwithstanding this subsection (b) to the contrary, any former judge who is a retired member of the Tennessee consolidated retirement system or of a superseded system as defined in § 8-34-101 and who is designated or redesignated as a senior justice or judge on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the judge's position, and establish credit for the additional service.
(1) Senior justices and judges shall be considered to be state employees and shall be entitled to participate in the state's insurance and benefit programs on the same basis as other active justices and judges, except as provided in subdivision (b)(2).
(2) (A) Any senior justice or judge who has not attained the maximum creditable service under the retirement system to which the justice or judge belongs shall be entitled to receive credit in the retirement system for service as a senior justice or judge; provided, that the senior justice or judge: (i) Elects to receive the credit by notice to the board of trustees of the Tennessee consolidated retirement system; and (ii) Authorizes the deduction of the applicable contributions as set forth under title 8, chapter 37, part 2. (B) Such service shall be based on the actual work performed and shall be added to the creditable service of the senior justice or judge. On July 1 of each year, the senior justice's or judge's retirement benefits shall be adjusted according to the retirement system to which the senior justice or judge belongs, as appropriate.
(A) Any senior justice or judge who has not attained the maximum creditable service under the retirement system to which the justice or judge belongs shall be entitled to receive credit in the retirement system for service as a senior justice or judge; provided, that the senior justice or judge: (i) Elects to receive the credit by notice to the board of trustees of the Tennessee consolidated retirement system; and (ii) Authorizes the deduction of the applicable contributions as set forth under title 8, chapter 37, part 2.
(i) Elects to receive the credit by notice to the board of trustees of the Tennessee consolidated retirement system; and
(ii) Authorizes the deduction of the applicable contributions as set forth under title 8, chapter 37, part 2.
(B) Such service shall be based on the actual work performed and shall be added to the creditable service of the senior justice or judge. On July 1 of each year, the senior justice's or judge's retirement benefits shall be adjusted according to the retirement system to which the senior justice or judge belongs, as appropriate.
(3) Notwithstanding this subsection (b) to the contrary, any former judge who is a retired member of the Tennessee consolidated retirement system or of a superseded system as defined in § 8-34-101 and who is designated or redesignated as a senior justice or judge on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the judge's position, and establish credit for the additional service.
(c) Senior justices and judges shall be provided with suitable office space and equipment, secretarial and research assistance and a law library similar to that provided to active justices and judges. Local governments presently responsible for providing quarters, personnel or other support for state judges shall cooperate with and assist the administrative director of the courts in providing for the reasonable needs of the senior justices or judges assigned to work in their county.
(d) A senior justice or judge assigned to a court located outside of the justice's or judge's county of residence shall receive the same reimbursement for travel expenses that is provided to active justices and judges. The expenses shall be paid upon the presentation of an itemized statement certified by the senior justice or judge to be correct.
Amended by 2018 Tenn. Acts, ch. 736,s 27, eff. 4/18/2018.
Acts 1990, ch. 1025, § 5; 1993, ch. 66, § 33; 1995, ch. 491, § 1; 2002, ch. 639, §§ 4 - 7.
Tenn. Code Ann. § 17-2-109 — TN Code / Title 17 / Chapter 2 / Section 17-2-109
Special judge by judicial appointments
Status: in_force

(a) (1) Whenever litigation in any chancery, circuit, criminal, general sessions, juvenile, probate or appellate court of this state becomes congested or delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court shall assign a retired or regular chancellor or judge to assist in the removal of the congestion or delay; provided, that the assignment shall not materially interfere with the performance of the assigned chancellor's or judge's official duties. In such situation both chancellors or judges may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes. (2) Whenever litigation in any chancery or circuit court of this state becomes congested, or whenever litigation in any chancery or circuit court has required the recusal of a chancellor or judge, or whenever delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court may assign a former chancellor or judge to assist in the removal of the congestion or delay. (b) Notwithstanding subsection (a), any chancellor or judge has the discretion to request another chancellor or judge to assist in the removal of congestion or delay if the original chancellor or judge becomes aware of the need for assistance before the supreme court makes the assignment; and, in such situation, both the requesting chancellor or judge and the requested chancellor and judge may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes. (c) Nothing in this section shall be construed to interfere with the appointment of special chancellors or judges as provided elsewhere by statute. Acts 1949, ch. 278; § 1; C. Supp. 1950, § 9945.7 (Williams, § 9923.1); Acts 1963, ch. 87, § 1; T.C.A. (orig. ed.), § 17-215; Acts 1987, ch. 65, § 1; 1995, ch. 236, § 1; 1997, ch. 473, § 5; 1999, ch. 23, § 1.
(a) (1) Whenever litigation in any chancery, circuit, criminal, general sessions, juvenile, probate or appellate court of this state becomes congested or delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court shall assign a retired or regular chancellor or judge to assist in the removal of the congestion or delay; provided, that the assignment shall not materially interfere with the performance of the assigned chancellor's or judge's official duties. In such situation both chancellors or judges may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes. (2) Whenever litigation in any chancery or circuit court of this state becomes congested, or whenever litigation in any chancery or circuit court has required the recusal of a chancellor or judge, or whenever delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court may assign a former chancellor or judge to assist in the removal of the congestion or delay.
(1) Whenever litigation in any chancery, circuit, criminal, general sessions, juvenile, probate or appellate court of this state becomes congested or delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court shall assign a retired or regular chancellor or judge to assist in the removal of the congestion or delay; provided, that the assignment shall not materially interfere with the performance of the assigned chancellor's or judge's official duties. In such situation both chancellors or judges may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes.
(2) Whenever litigation in any chancery or circuit court of this state becomes congested, or whenever litigation in any chancery or circuit court has required the recusal of a chancellor or judge, or whenever delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court may assign a former chancellor or judge to assist in the removal of the congestion or delay.
(b) Notwithstanding subsection (a), any chancellor or judge has the discretion to request another chancellor or judge to assist in the removal of congestion or delay if the original chancellor or judge becomes aware of the need for assistance before the supreme court makes the assignment; and, in such situation, both the requesting chancellor or judge and the requested chancellor and judge may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes.
(c) Nothing in this section shall be construed to interfere with the appointment of special chancellors or judges as provided elsewhere by statute.
Acts 1949, ch. 278; § 1; C. Supp. 1950, § 9945.7 (Williams, § 9923.1); Acts 1963, ch. 87, § 1; T.C.A. (orig. ed.), § 17-215; Acts 1987, ch. 65, § 1; 1995, ch. 236, § 1; 1997, ch. 473, § 5; 1999, ch. 23, § 1.
Tenn. Code Ann. § 17-2-102 — TN Code / Title 17 / Chapter 2 / Section 17-2-102
Incompetency of supreme court judges
Status: in_force

The judges of the supreme court, within the first week of each term, or as soon thereafter as the fact comes to their knowledge, shall certify to the governor all cases upon the docket in which any of them are incompetent to sit, upon the receipt of which certificate the governor shall appoint and commission the requisite number of competent lawyers to dispose of the causes. Code 1858, § 3919 (deriv. Acts 1835-1836, ch. 68, § 1); Shan., § 5715; Code 1932, § 9901; T.C.A. (orig. ed.), § 17-202.
The judges of the supreme court, within the first week of each term, or as soon thereafter as the fact comes to their knowledge, shall certify to the governor all cases upon the docket in which any of them are incompetent to sit, upon the receipt of which certificate the governor shall appoint and commission the requisite number of competent lawyers to dispose of the causes.
Code 1858, § 3919 (deriv. Acts 1835-1836, ch. 68, § 1); Shan., § 5715; Code 1932, § 9901; T.C.A. (orig. ed.), § 17-202.
Tenn. Code Ann. § 17-4-302 — TN Code / Title 17 / Chapter 4 / Section 17-4-302
Membership requirements
Status: in_force

(a) Each member of the commission shall be a citizen of the United States, shall be at least thirty (30) years of age, and shall have been a citizen of this state for at least five (5) years immediately prior to appointment. (b) Each attorney member shall be duly licensed to practice by the Tennessee supreme court. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(a) Each member of the commission shall be a citizen of the United States, shall be at least thirty (30) years of age, and shall have been a citizen of this state for at least five (5) years immediately prior to appointment.
(b) Each attorney member shall be duly licensed to practice by the Tennessee supreme court.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-5-309 — TN Code / Title 17 / Chapter 5 / Section 17-5-309
Appeal by aggrieved judge
Status: in_force

(a) The aggrieved judge or the complainant may appeal to the supreme court, pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, within fourteen (14) days from the date of entry of the judgment of the board following the conclusion of the hearing held pursuant to § 17-5-307 . The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure. (b) (1) The review in the supreme court is de novo on the record made before the board. There is no presumption of correctness of the judgment or the findings of the board. (2) The supreme court shall convene within seven (7) days after all briefs are filed to hear oral arguments and shall file a written opinion within fourteen (14) days thereafter. Amended by 2023 Tenn. Acts, ch. 273, s 2, eff. 4/28/2023. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 19; T.C.A., § 17-819; Acts 1984, ch. 625, § 1; 1995, ch. 208, § 15; 2002, ch. 564, § 12; 2012 , ch. 819, § 4.
(a) The aggrieved judge or the complainant may appeal to the supreme court, pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, within fourteen (14) days from the date of entry of the judgment of the board following the conclusion of the hearing held pursuant to § 17-5-307 . The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure.
(b) (1) The review in the supreme court is de novo on the record made before the board. There is no presumption of correctness of the judgment or the findings of the board. (2) The supreme court shall convene within seven (7) days after all briefs are filed to hear oral arguments and shall file a written opinion within fourteen (14) days thereafter.
(1) The review in the supreme court is de novo on the record made before the board. There is no presumption of correctness of the judgment or the findings of the board.
(2) The supreme court shall convene within seven (7) days after all briefs are filed to hear oral arguments and shall file a written opinion within fourteen (14) days thereafter.
Amended by 2023 Tenn. Acts, ch. 273, s 2, eff. 4/28/2023.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 19; T.C.A., § 17-819; Acts 1984, ch. 625, § 1; 1995, ch. 208, § 15; 2002, ch. 564, § 12; 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-1-106 — TN Code / Title 17 / Chapter 1 / Section 17-1-106
Judges to be lawyers - Exceptions
Status: in_force

(a) In addition to the qualifications provided for judges by the Constitution of Tennessee, Article VI, §§ 3 and 4, judges of the supreme court, court of appeals, court of criminal appeals, chancery courts, circuit courts, criminal courts, and courts exercising the jurisdiction imposed in one (1) or more of the chancery courts, circuit courts, or criminal courts shall be learned in the law, which must be evidenced by the judge: (1) Being authorized to practice law in the courts of this state; (2) Being in good standing with the board of professional responsibility; and (3) Not having been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law within the ten (10) years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this subdivision (a)(3) does not apply to those serving in a judicial position as of October 1, 2022. (b) (1) This section shall not apply to courts of general sessions in counties of this state having a population according to the federal census of 1960 or any subsequent federal census as follows: not less than nor more than 4,000.................... 4,500 4,700.................... 4,800 4,900.................... 4,950 5,100.................... 5,200 5,250.................... 5,300 5,900.................... 6,000 6,250.................... 6,300 7,250.................... 7,300 7,800.................... 7,825 8,000.................... 8,400 8,400.................... 8,500 8,500.................... 8,600 9,500.................... 9,571 10,600.................... 10,700 11,500.................... 11,511 11,512.................... 11,525 11,850.................... 11,900 11,900.................... 11,950 12,170.................... 12,200 12,500.................... 12,600 13,000.................... 13,500 14,300.................... 14,400 15,400.................... 15,500 16,100.................... 16,200 17,000.................... 17,500 18,000.................... 18,500 18,800.................... 18,850 19,000.................... 19,100 19,100.................... 20,000 21,000.................... 21,100 21,450.................... 21,500 21,500.................... 21,600 22,200.................... 22,300 24,200.................... 24,240 25,500.................... 25,600 26,950.................... 27,000 27,650.................... 27,700 28,600.................... 28,650 30,400.................... 30,500 39,100.................... 39,200 41,550.................... 41,600 42,150.................... 42,200 250,000.................... 300,000 (2) This section shall not apply to judges of the county courts nor to chairs of county courts in the various counties of this state except in those counties where such judges or chairs exercise general criminal jurisdiction normally exercised by the criminal and circuit courts, jurisdiction of purely civil cases in which a jury is provided for, except insanity proceedings and condemnation of land proceedings, and jurisdiction to hear and determine divorce cases. (c) (1) Notwithstanding any provision of subsection (b) to the contrary, this section shall apply to any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census. (2) Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and shall be certified by such officer to the secretary of state. (d) Notwithstanding any other public or private act, law or charter provision, subsection (a) shall also apply to judges of city courts of all cities of this state having a population in excess of one hundred sixty thousand (160,000), according to the federal census of 1980 or any subsequent federal census. Amended by 2022 Tenn. Acts, ch. 1120, s 1, eff. 10/1/2022. Acts 1961, ch. 283, § 1; 1965, ch. 85, § 1; 1965, ch. 336, § 1; 1973, ch. 312, § 1; 1974, ch. 521, § 1; T.C.A., § 17-119; modified; Acts 1983, ch. 180, §§ 1, 2; 1983, ch. 201, § 1.
(a) In addition to the qualifications provided for judges by the Constitution of Tennessee, Article VI, §§ 3 and 4, judges of the supreme court, court of appeals, court of criminal appeals, chancery courts, circuit courts, criminal courts, and courts exercising the jurisdiction imposed in one (1) or more of the chancery courts, circuit courts, or criminal courts shall be learned in the law, which must be evidenced by the judge: (1) Being authorized to practice law in the courts of this state; (2) Being in good standing with the board of professional responsibility; and (3) Not having been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law within the ten (10) years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this subdivision (a)(3) does not apply to those serving in a judicial position as of October 1, 2022.
(1) Being authorized to practice law in the courts of this state;
(2) Being in good standing with the board of professional responsibility; and
(3) Not having been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law within the ten (10) years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this subdivision (a)(3) does not apply to those serving in a judicial position as of October 1, 2022.
(b) (1) This section shall not apply to courts of general sessions in counties of this state having a population according to the federal census of 1960 or any subsequent federal census as follows: not less than nor more than 4,000.................... 4,500 4,700.................... 4,800 4,900.................... 4,950 5,100.................... 5,200 5,250.................... 5,300 5,900.................... 6,000 6,250.................... 6,300 7,250.................... 7,300 7,800.................... 7,825 8,000.................... 8,400 8,400.................... 8,500 8,500.................... 8,600 9,500.................... 9,571 10,600.................... 10,700 11,500.................... 11,511 11,512.................... 11,525 11,850.................... 11,900 11,900.................... 11,950 12,170.................... 12,200 12,500.................... 12,600 13,000.................... 13,500 14,300.................... 14,400 15,400.................... 15,500 16,100.................... 16,200 17,000.................... 17,500 18,000.................... 18,500 18,800.................... 18,850 19,000.................... 19,100 19,100.................... 20,000 21,000.................... 21,100 21,450.................... 21,500 21,500.................... 21,600 22,200.................... 22,300 24,200.................... 24,240 25,500.................... 25,600 26,950.................... 27,000 27,650.................... 27,700 28,600.................... 28,650 30,400.................... 30,500 39,100.................... 39,200 41,550.................... 41,600 42,150.................... 42,200 250,000.................... 300,000 (2) This section shall not apply to judges of the county courts nor to chairs of county courts in the various counties of this state except in those counties where such judges or chairs exercise general criminal jurisdiction normally exercised by the criminal and circuit courts, jurisdiction of purely civil cases in which a jury is provided for, except insanity proceedings and condemnation of land proceedings, and jurisdiction to hear and determine divorce cases.
(1) This section shall not apply to courts of general sessions in counties of this state having a population according to the federal census of 1960 or any subsequent federal census as follows: not less than nor more than 4,000.................... 4,500 4,700.................... 4,800 4,900.................... 4,950 5,100.................... 5,200 5,250.................... 5,300 5,900.................... 6,000 6,250.................... 6,300 7,250.................... 7,300 7,800.................... 7,825 8,000.................... 8,400 8,400.................... 8,500 8,500.................... 8,600 9,500.................... 9,571 10,600.................... 10,700 11,500.................... 11,511 11,512.................... 11,525 11,850.................... 11,900 11,900.................... 11,950 12,170.................... 12,200 12,500.................... 12,600 13,000.................... 13,500 14,300.................... 14,400 15,400.................... 15,500 16,100.................... 16,200 17,000.................... 17,500 18,000.................... 18,500 18,800.................... 18,850 19,000.................... 19,100 19,100.................... 20,000 21,000.................... 21,100 21,450.................... 21,500 21,500.................... 21,600 22,200.................... 22,300 24,200.................... 24,240 25,500.................... 25,600 26,950.................... 27,000 27,650.................... 27,700 28,600.................... 28,650 30,400.................... 30,500 39,100.................... 39,200 41,550.................... 41,600 42,150.................... 42,200 250,000.................... 300,000
not less than nor more than 4,000.................... 4,500 4,700.................... 4,800 4,900.................... 4,950 5,100.................... 5,200 5,250.................... 5,300 5,900.................... 6,000 6,250.................... 6,300 7,250.................... 7,300 7,800.................... 7,825 8,000.................... 8,400 8,400.................... 8,500 8,500.................... 8,600 9,500.................... 9,571 10,600.................... 10,700 11,500.................... 11,511 11,512.................... 11,525 11,850.................... 11,900 11,900.................... 11,950 12,170.................... 12,200 12,500.................... 12,600 13,000.................... 13,500 14,300.................... 14,400 15,400.................... 15,500 16,100.................... 16,200 17,000.................... 17,500 18,000.................... 18,500 18,800.................... 18,850 19,000.................... 19,100 19,100.................... 20,000 21,000.................... 21,100 21,450.................... 21,500 21,500.................... 21,600 22,200.................... 22,300 24,200.................... 24,240 25,500.................... 25,600 26,950.................... 27,000 27,650.................... 27,700 28,600.................... 28,650 30,400.................... 30,500 39,100.................... 39,200 41,550.................... 41,600 42,150.................... 42,200 250,000.................... 300,000
not less than
nor more than
4,000....................
4,500
4,700....................
4,800
4,900....................
4,950
5,100....................
5,200
5,250....................
5,300
5,900....................
6,000
6,250....................
6,300
7,250....................
7,300
7,800....................
7,825
8,000....................
8,400
8,400....................
8,500
8,500....................
8,600
9,500....................
9,571
10,600....................
10,700
11,500....................
11,511
11,512....................
11,525
11,850....................
11,900
11,900....................
11,950
12,170....................
12,200
12,500....................
12,600
13,000....................
13,500
14,300....................
14,400
15,400....................
15,500
16,100....................
16,200
17,000....................
17,500
18,000....................
18,500
18,800....................
18,850
19,000....................
19,100
19,100....................
20,000
21,000....................
21,100
21,450....................
21,500
21,500....................
21,600
22,200....................
22,300
24,200....................
24,240
25,500....................
25,600
26,950....................
27,000
27,650....................
27,700
28,600....................
28,650
30,400....................
30,500
39,100....................
39,200
41,550....................
41,600
42,150....................
42,200
250,000....................
300,000
(2) This section shall not apply to judges of the county courts nor to chairs of county courts in the various counties of this state except in those counties where such judges or chairs exercise general criminal jurisdiction normally exercised by the criminal and circuit courts, jurisdiction of purely civil cases in which a jury is provided for, except insanity proceedings and condemnation of land proceedings, and jurisdiction to hear and determine divorce cases.
(c) (1) Notwithstanding any provision of subsection (b) to the contrary, this section shall apply to any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census. (2) Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and shall be certified by such officer to the secretary of state.
(1) Notwithstanding any provision of subsection (b) to the contrary, this section shall apply to any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census.
(2) Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and shall be certified by such officer to the secretary of state.
(d) Notwithstanding any other public or private act, law or charter provision, subsection (a) shall also apply to judges of city courts of all cities of this state having a population in excess of one hundred sixty thousand (160,000), according to the federal census of 1980 or any subsequent federal census.
Amended by 2022 Tenn. Acts, ch. 1120, s 1, eff. 10/1/2022.
Acts 1961, ch. 283, § 1; 1965, ch. 85, § 1; 1965, ch. 336, § 1; 1973, ch. 312, § 1; 1974, ch. 521, § 1; T.C.A., § 17-119; modified; Acts 1983, ch. 180, §§ 1, 2; 1983, ch. 201, § 1.
Tenn. Code Ann. § 17-1-107 — TN Code / Title 17 / Chapter 1 / Section 17-1-107
Uniformly reported caseload statistics
Status: in_force

No additional state trial judge positions shall be created until the Tennessee comptroller of the treasury has established uniformly reported caseload statistics, which may include a weighted caseload formula and that prioritizes the need for additional positions among the judicial districts. The Tennessee comptroller of the treasury shall certify the data to the civil justice committee of the house of representatives and the judiciary committee of the senate. Amended by 2021 Tenn. Acts, ch. 64, s 16, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 420, s 24, eff. 5/21/2019. Amended by 2019 Tenn. Acts, ch. 345, s 27, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 37, eff. 4/19/2013. Acts 1997 , ch. 430, § 2.
No additional state trial judge positions shall be created until the Tennessee comptroller of the treasury has established uniformly reported caseload statistics, which may include a weighted caseload formula and that prioritizes the need for additional positions among the judicial districts. The Tennessee comptroller of the treasury shall certify the data to the civil justice committee of the house of representatives and the judiciary committee of the senate.
Amended by 2021 Tenn. Acts, ch. 64, s 16, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 420, s 24, eff. 5/21/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 27, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 37, eff. 4/19/2013.
Acts 1997 , ch. 430, § 2.
Tenn. Code Ann. § 17-4-303 — TN Code / Title 17 / Chapter 4 / Section 17-4-303
Exclusions from membership on commission
Status: in_force

(a) No member of the commission shall be a salaried office holder of this state or the United States, nor shall any member of the commission hold any office in any political party or political organization; provided, that members of the national guard and members of any armed forces reserve organization, any district attorney general or an employee of a district attorney general, or any district public defender or an employee of a district public defender shall not be considered as salaried office holders. This subsection (a) shall not apply to any employee of the attorney general and reporter, except the attorney general and reporter and the solicitor general. (b) Any member of the commission who becomes a salaried office holder of this state or the United States or who accepts any office in any political party or political organization shall by doing so vacate the member's office as a member of the commission. (c) No member of the commission shall be a registered employer of a lobbyist in this state or a registered lobbyist in this state. Any member of the commission who becomes a registered employer of a lobbyist or a registered lobbyist in this state shall by doing so vacate the member's office as a member of the commission. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(a) No member of the commission shall be a salaried office holder of this state or the United States, nor shall any member of the commission hold any office in any political party or political organization; provided, that members of the national guard and members of any armed forces reserve organization, any district attorney general or an employee of a district attorney general, or any district public defender or an employee of a district public defender shall not be considered as salaried office holders. This subsection (a) shall not apply to any employee of the attorney general and reporter, except the attorney general and reporter and the solicitor general.
(b) Any member of the commission who becomes a salaried office holder of this state or the United States or who accepts any office in any political party or political organization shall by doing so vacate the member's office as a member of the commission.
(c) No member of the commission shall be a registered employer of a lobbyist in this state or a registered lobbyist in this state. Any member of the commission who becomes a registered employer of a lobbyist or a registered lobbyist in this state shall by doing so vacate the member's office as a member of the commission.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-3-101 — TN Code / Title 17 / Chapter 3 / Section 17-3-101
Creation - Membership
Status: in_force

(a) There is created a judicial conference for the state whose membership shall consist of all judges of courts of records whose salary is paid in whole or in part out of the state treasury, including retired judges. (b) There shall also be included in the membership of the judicial conference active and retired judges who are licensed attorneys at law of all probate courts created by private acts of the state, in counties having a population of three hundred thousand (300,000) or more, according to the federal census of 1960 and any subsequent census. Acts 1953, ch. 129, § 1 (Williams, § 738.13); 1965, ch. 262, § 1; 1969, ch. 64, § 1; T.C.A. (orig. ed.), § 17-401.
(a) There is created a judicial conference for the state whose membership shall consist of all judges of courts of records whose salary is paid in whole or in part out of the state treasury, including retired judges.
(b) There shall also be included in the membership of the judicial conference active and retired judges who are licensed attorneys at law of all probate courts created by private acts of the state, in counties having a population of three hundred thousand (300,000) or more, according to the federal census of 1960 and any subsequent census.
Acts 1953, ch. 129, § 1 (Williams, § 738.13); 1965, ch. 262, § 1; 1969, ch. 64, § 1; T.C.A. (orig. ed.), § 17-401.
Tenn. Code Ann. § 17-3-203 — TN Code / Title 17 / Chapter 3 / Section 17-3-203
Annual meeting
Status: in_force

The conference shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the general sessions courts of this state. Acts 1970, ch. 399, § 3; T.C.A., § 17-603.
The conference shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the general sessions courts of this state.
Acts 1970, ch. 399, § 3; T.C.A., § 17-603.
Tenn. Code Ann. § 17-3-201 — TN Code / Title 17 / Chapter 3 / Section 17-3-201
Creation - Membership
Status: in_force

(a) There is created the Tennessee general sessions judges conference, which shall be the official organization of the general sessions judges in this state. (b) The membership of the conference shall consist of all judges of general sessions courts in the state. Acts 1970, ch. 399, § 1; T.C.A., § 17-601.
(a) There is created the Tennessee general sessions judges conference, which shall be the official organization of the general sessions judges in this state.
(b) The membership of the conference shall consist of all judges of general sessions courts in the state.
Acts 1970, ch. 399, § 1; T.C.A., § 17-601.
Tenn. Code Ann. § 17-2-304 — TN Code / Title 17 / Chapter 2 / Section 17-2-304
Assignment - Powers, duties and immunities
Status: in_force

(a) The chief justice may, with the senior justice's or judge's consent, assign the senior justice or judge to any state court. (b) The assignment of a senior justice or judge shall be made by an order that designates the court to which the judge is assigned and the duration of the assignment. Promptly after the assignment of a senior justice or judge, the clerk of the supreme court in the grand division to which the assignment is made shall cause a certified copy of the order to be sent to the senior justice or judge and another certified copy to the presiding judge of the court to which the justice or judge is assigned. (c) A senior justice or judge assigned as provided in this section has all the powers, duties and immunities while serving under the assignment of a regularly elected and qualified justice or judge of the court to which the senior justice or judge has been assigned. Without assignment, senior justices and judges may perform routine ministerial acts, including the solemnization of marriages and the administering of oaths, but shall not admit to bail any person accused of a crime. (d) A senior justice or judge who has sat by designation and assignment on any court may, notwithstanding the expiration of the designation and assignment, decide or join in the decision and final disposition of all matters submitted to the justice or judge during the period of the assignment and may decide or join in the consideration and disposition of petitions for rehearing or further proceedings in the matters, including matters relating to cases on appeal. Acts 1990, ch. 1025, § 4.
(a) The chief justice may, with the senior justice's or judge's consent, assign the senior justice or judge to any state court.
(b) The assignment of a senior justice or judge shall be made by an order that designates the court to which the judge is assigned and the duration of the assignment. Promptly after the assignment of a senior justice or judge, the clerk of the supreme court in the grand division to which the assignment is made shall cause a certified copy of the order to be sent to the senior justice or judge and another certified copy to the presiding judge of the court to which the justice or judge is assigned.
(c) A senior justice or judge assigned as provided in this section has all the powers, duties and immunities while serving under the assignment of a regularly elected and qualified justice or judge of the court to which the senior justice or judge has been assigned. Without assignment, senior justices and judges may perform routine ministerial acts, including the solemnization of marriages and the administering of oaths, but shall not admit to bail any person accused of a crime.
(d) A senior justice or judge who has sat by designation and assignment on any court may, notwithstanding the expiration of the designation and assignment, decide or join in the decision and final disposition of all matters submitted to the justice or judge during the period of the assignment and may decide or join in the consideration and disposition of petitions for rehearing or further proceedings in the matters, including matters relating to cases on appeal.
Acts 1990, ch. 1025, § 4.
Tenn. Code Ann. § 17-3-103 — TN Code / Title 17 / Chapter 3 / Section 17-3-103
Officers - Executive committee - Expenses
Status: in_force

(a) The judicial conference shall elect annually a president, vice president, secretary, treasurer and other officers that become necessary. The secretary may also serve as the treasurer. (b) (1) There shall also be an executive committee of the conference to consist of the president, vice president, secretary, treasurer, immediate past president, president-elect and nine (9) additional members to be appointed by the president, three (3) from each grand division of the state. (2) In making the president's first appointments to the executive committee, the president shall name three (3) members from each grand division, one (1) for a term of one (1) year, and one (1) for a term of two (2) years, and one (1) for a term of three (3) years, and thereafter the president shall make all appointments for terms of three (3) years each, so that the terms of three (3) members shall expire each year, one (1) from each grand division. (3) When vacancies occur they shall be filled by appointments for the unexpired terms. (4) The executive committee shall meet at such times and places as designated by the president, upon due notice to each member. (5) Members of the executive committee shall be reimbursed for their reasonable and necessary traveling expenses incurred in attending the meetings, not to exceed two (2) meetings in any fiscal year, pursuant to policies and guidelines promulgated by the supreme court. Acts 1953, ch. 129, § 6 (Williams, § 738.18); 1957, ch. 392, § 1; 1959, ch. 284, § 1; 1963, ch. 199, § 1; T.C.A. (orig. ed.), § 17-403; Acts 1984, ch. 619, §§ 1, 2; 1993, ch. 196, § 4.
(a) The judicial conference shall elect annually a president, vice president, secretary, treasurer and other officers that become necessary. The secretary may also serve as the treasurer.
(b) (1) There shall also be an executive committee of the conference to consist of the president, vice president, secretary, treasurer, immediate past president, president-elect and nine (9) additional members to be appointed by the president, three (3) from each grand division of the state. (2) In making the president's first appointments to the executive committee, the president shall name three (3) members from each grand division, one (1) for a term of one (1) year, and one (1) for a term of two (2) years, and one (1) for a term of three (3) years, and thereafter the president shall make all appointments for terms of three (3) years each, so that the terms of three (3) members shall expire each year, one (1) from each grand division. (3) When vacancies occur they shall be filled by appointments for the unexpired terms. (4) The executive committee shall meet at such times and places as designated by the president, upon due notice to each member. (5) Members of the executive committee shall be reimbursed for their reasonable and necessary traveling expenses incurred in attending the meetings, not to exceed two (2) meetings in any fiscal year, pursuant to policies and guidelines promulgated by the supreme court.
(1) There shall also be an executive committee of the conference to consist of the president, vice president, secretary, treasurer, immediate past president, president-elect and nine (9) additional members to be appointed by the president, three (3) from each grand division of the state.
(2) In making the president's first appointments to the executive committee, the president shall name three (3) members from each grand division, one (1) for a term of one (1) year, and one (1) for a term of two (2) years, and one (1) for a term of three (3) years, and thereafter the president shall make all appointments for terms of three (3) years each, so that the terms of three (3) members shall expire each year, one (1) from each grand division.
(3) When vacancies occur they shall be filled by appointments for the unexpired terms.
(4) The executive committee shall meet at such times and places as designated by the president, upon due notice to each member.
(5) Members of the executive committee shall be reimbursed for their reasonable and necessary traveling expenses incurred in attending the meetings, not to exceed two (2) meetings in any fiscal year, pursuant to policies and guidelines promulgated by the supreme court.
Acts 1953, ch. 129, § 6 (Williams, § 738.18); 1957, ch. 392, § 1; 1959, ch. 284, § 1; 1963, ch. 199, § 1; T.C.A. (orig. ed.), § 17-403; Acts 1984, ch. 619, §§ 1, 2; 1993, ch. 196, § 4.
Tenn. Code Ann. § 17-1-403 — TN Code / Title 17 / Chapter 1 / Section 17-1-403
Sole authority authorizing secretarial assistance
Status: in_force

It is declared to be the legislative intent that this part shall supersede any and all existing general laws authorizing secretarial assistance for trial judges and chancellors or providing for their compensation, and that this part constitutes the sole authority for such purposes. Acts 1967, ch. 175, § 3; T.C.A., § 17-122.
It is declared to be the legislative intent that this part shall supersede any and all existing general laws authorizing secretarial assistance for trial judges and chancellors or providing for their compensation, and that this part constitutes the sole authority for such purposes.
Acts 1967, ch. 175, § 3; T.C.A., § 17-122.
Tenn. Code Ann. § 17-2-303 — TN Code / Title 17 / Chapter 2 / Section 17-2-303
Issuance of commission - Term
Status: in_force

(a) The supreme court is authorized to appoint senior judges only after it has made an affirmative finding that the effective administration of justice in one (1) or more judicial districts requires additional judicial resources. (b) (1) If the supreme court, at its discretion, determines that a former justice or judge is physically and mentally capable of performing valuable judicial service on a continuing basis and that the justice's or judge's service will promote the effective administration of justice, then the supreme court shall cause an appropriate commission to be issued under its seal for the period provided in subsection (c); provided, that such commission shall be issued only to a former justice or judge who left the justice's or judge's most recent term of judicial service in good standing with the board of judicial conduct or any successor to the board. (2) Except as provided in subdivision (b)(3), no such commission shall be issued to any former justice or judge who, during the justice's or judge's most recent term of judicial service, sought reelection or retention but was defeated in the reelection or retention bid. (3) Notwithstanding subdivision (b)(2), if the election following the most recent term of judicial service for a judge in a state court of record results in the judge not being reelected, the judge is authorized to be issued a commission if the judge has been elected at least twice and served at least two (2) full eight-year terms. (c) The supreme court's designation shall be for a term of four (4) years unless the justice or judge has reached seventy (70) years of age, whereupon the term of the designation shall be for two (2) years or for any shorter period deemed proper by the supreme court. Senior justices and judges shall be eligible for reappointment. (d) The supreme court's decision with regard to the initial designation or the renewal of senior designation is final and cannot be reviewed in any manner. Amended by 2018 Tenn. Acts, ch. 829,s 1, eff. 4/27/2018. Amended by 2016 Tenn. Acts, ch. 1023,s 1, eff. 4/28/2016. Acts 1990, ch. 1025, § 3; 2002, ch. 639, § 3.
(a) The supreme court is authorized to appoint senior judges only after it has made an affirmative finding that the effective administration of justice in one (1) or more judicial districts requires additional judicial resources.
(b) (1) If the supreme court, at its discretion, determines that a former justice or judge is physically and mentally capable of performing valuable judicial service on a continuing basis and that the justice's or judge's service will promote the effective administration of justice, then the supreme court shall cause an appropriate commission to be issued under its seal for the period provided in subsection (c); provided, that such commission shall be issued only to a former justice or judge who left the justice's or judge's most recent term of judicial service in good standing with the board of judicial conduct or any successor to the board. (2) Except as provided in subdivision (b)(3), no such commission shall be issued to any former justice or judge who, during the justice's or judge's most recent term of judicial service, sought reelection or retention but was defeated in the reelection or retention bid. (3) Notwithstanding subdivision (b)(2), if the election following the most recent term of judicial service for a judge in a state court of record results in the judge not being reelected, the judge is authorized to be issued a commission if the judge has been elected at least twice and served at least two (2) full eight-year terms.
(1) If the supreme court, at its discretion, determines that a former justice or judge is physically and mentally capable of performing valuable judicial service on a continuing basis and that the justice's or judge's service will promote the effective administration of justice, then the supreme court shall cause an appropriate commission to be issued under its seal for the period provided in subsection (c); provided, that such commission shall be issued only to a former justice or judge who left the justice's or judge's most recent term of judicial service in good standing with the board of judicial conduct or any successor to the board.
(2) Except as provided in subdivision (b)(3), no such commission shall be issued to any former justice or judge who, during the justice's or judge's most recent term of judicial service, sought reelection or retention but was defeated in the reelection or retention bid.
(3) Notwithstanding subdivision (b)(2), if the election following the most recent term of judicial service for a judge in a state court of record results in the judge not being reelected, the judge is authorized to be issued a commission if the judge has been elected at least twice and served at least two (2) full eight-year terms.
(c) The supreme court's designation shall be for a term of four (4) years unless the justice or judge has reached seventy (70) years of age, whereupon the term of the designation shall be for two (2) years or for any shorter period deemed proper by the supreme court. Senior justices and judges shall be eligible for reappointment.
(d) The supreme court's decision with regard to the initial designation or the renewal of senior designation is final and cannot be reviewed in any manner.
Amended by 2018 Tenn. Acts, ch. 829,s 1, eff. 4/27/2018.
Amended by 2016 Tenn. Acts, ch. 1023,s 1, eff. 4/28/2016.
Acts 1990, ch. 1025, § 3; 2002, ch. 639, § 3.
Tenn. Code Ann. § 17-2-101 — TN Code / Title 17 / Chapter 2 / Section 17-2-101
Grounds of incompetency
Status: in_force

No judge or chancellor shall be competent, except by consent of all parties, to sit in the following cases: (1) Where the judge or chancellor is interested in the event of any cause; (2) Where the judge or chancellor is connected with either party, by affinity or consanguinity, within the sixth degree, computing by the civil law; (3) Where the judge or chancellor has been of counsel in the cause; (4) Where the judge or chancellor has presided on the trial in an inferior court; or (5) In criminal cases for felony, where the person upon whom, or upon whose property, the felony has been committed, is connected with the judge or chancellor by affinity or consanguinity within the sixth degree, computing by the civil law. Code 1858, § 3913 (deriv. Acts 1825, ch. 54, § 2; 1835-1836, ch. 68, § 1; 1843-1844, ch. 25, § 1); Shan., § 5706; Code 1932, § 9892; T.C.A. (orig. ed.), § 17-201.
No judge or chancellor shall be competent, except by consent of all parties, to sit in the following cases:
(1) Where the judge or chancellor is interested in the event of any cause;
(2) Where the judge or chancellor is connected with either party, by affinity or consanguinity, within the sixth degree, computing by the civil law;
(3) Where the judge or chancellor has been of counsel in the cause;
(4) Where the judge or chancellor has presided on the trial in an inferior court; or
(5) In criminal cases for felony, where the person upon whom, or upon whose property, the felony has been committed, is connected with the judge or chancellor by affinity or consanguinity within the sixth degree, computing by the civil law.
Code 1858, § 3913 (deriv. Acts 1825, ch. 54, § 2; 1835-1836, ch. 68, § 1; 1843-1844, ch. 25, § 1); Shan., § 5706; Code 1932, § 9892; T.C.A. (orig. ed.), § 17-201.
Tenn. Code Ann. § 17-4-308 — TN Code / Title 17 / Chapter 4 / Section 17-4-308
Vacancies - Governor's appointment of commission nominees - Requirement by governor for additional nominees - Term of judges herein appointed - Public meeting requirement - Hearings
Status: in_force

(a) After February 1, 2016, when a vacancy occurs in the office of chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record by death, resignation, retirement, or otherwise, the governor shall fill the vacancy by appointing one (1) of the three (3) persons nominated by the commission. The governor may require the commission to submit one (1) other panel of three (3) additional nominees. Within sixty (60) days following receipt of the additional panel of nominees, the governor shall fill the vacancy by appointing any one (1) of the six (6) nominees certified by the commission. (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. (c) The commission shall, at the earliest practicable date, hold a public meeting in the judicial district from which the vacancy is to be filled. (d) Notice of the time, place, and purpose of the meeting shall be given by newspapers, radio news, or television news and by such other means as the commission deems proper. (e) Any person shall be entitled to attend the meeting and express orally or in writing the citizen's approval of or objections to any suggested nominee for the trial court vacancy. Any licensed attorney may appear and make a statement, oral or written, in support of the attorney's own nomination. (f) After one (1) public hearing, the commission may hold such additional interviews with the candidates as it deems necessary. The commission shall make independent investigation and inquiry to determine the qualifications of possible nominees for the trial court vacancy and shall endeavor to encourage qualified attorneys to accept nomination and agree to serve if appointed to the trial court vacancy. All hearings, interviews, and meetings of the commission shall be conducted publicly and shall comply with title 8, chapter 44, part 1. Deliberations among the commission members shall occur immediately after the conclusion of the interviews. The commission shall adjourn the public hearing and interviews and deliberate in executive session. The deliberations shall not be open to the public and shall not be required to comply with title 8, chapter 44, part 1. At the conclusion of deliberations among commission members, the commission shall reconvene the public hearing for purposes of voting. When selecting nominees, commission members shall vote anonymously by written ballots, but such ballots shall be collected, announced, and tallied at the meeting by the presiding officer, and a majority of those present and voting shall decide questions. After receiving the commission's panel or panels of nominees, but prior to making an appointment pursuant to subsection (a), the governor shall direct the Tennessee bureau of investigation or other appropriate agencies to perform appropriate financial and criminal background investigations and inquiries of the prospective appointees, and the governor shall review and assess the results of the background investigations and inquiries. (g) (1) The application for the position of trial judge shall contain an authorization form permitting the commission to request from the board of judicial conduct and the board of professional responsibility any information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on the applicant. Signing the authorization form has the effect of waiving any statutory or common law confidentiality that may attach to those documents. (2) If an applicant signs the authorization form, upon request of the commission, the board of judicial conduct and the board of professional responsibility shall furnish the commission with all information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on a person who applies to be a candidate to fill a trial court vacancy. (h) As soon as practicable, and no later than sixty (60) days from receipt of written notice from the governor that a vacancy has occurred, the commission, with the assent of a majority of all the members to which it is entitled under § 17-4-301(a) , shall select three (3) persons whom the commission deems best qualified and available to fill the vacancy, and shall certify the names of the three (3) persons to the governor as nominees for the trial court vacancy. However, if the commission is reliably informed that a vacancy is impending for any other reason, then the commission may meet, select such persons, and certify the names of the nominees to the governor prior to actual receipt of written notice from the governor that a vacancy has occurred. (i) If the judicial district is one (1) of the five (5) smallest judicial districts according to the 2010 federal census or any subsequent federal census, the commission may submit two (2) names to the governor, although the governor may require the commission to submit one (1) other panel of two (2) additional nominees. (j) At the next regular August election occurring more than thirty (30) days after the vacancy occurs, the qualified voters of the district shall elect a candidate to fill the remainder of the unexpired term or a complete term, as provided in the general election law in title 2; provided, however, the qualifying deadline for candidates to fill the vacancy shall be determined by the date of the vacancy as follows: (1) If the vacancy occurs on or before the tenth day prior to the regular qualifying deadline, then the regular qualifying deadline shall apply; (2) If the vacancy occurs after the tenth day before the qualifying deadline but on or before the thirty-eighth day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the tenth day after the vacancy is created; (3) If the vacancy occurs after the thirty-eighth day but on or before the thirty-first day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election; and (4) Candidates qualifying under subdivisions (j)(2) and (3) must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline; however, no candidate shall withdraw after twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
(a) After February 1, 2016, when a vacancy occurs in the office of chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record by death, resignation, retirement, or otherwise, the governor shall fill the vacancy by appointing one (1) of the three (3) persons nominated by the commission. The governor may require the commission to submit one (1) other panel of three (3) additional nominees. Within sixty (60) days following receipt of the additional panel of nominees, the governor shall fill the vacancy by appointing any one (1) of the six (6) nominees certified by the commission.
(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.
(c) The commission shall, at the earliest practicable date, hold a public meeting in the judicial district from which the vacancy is to be filled.
(d) Notice of the time, place, and purpose of the meeting shall be given by newspapers, radio news, or television news and by such other means as the commission deems proper.
(e) Any person shall be entitled to attend the meeting and express orally or in writing the citizen's approval of or objections to any suggested nominee for the trial court vacancy. Any licensed attorney may appear and make a statement, oral or written, in support of the attorney's own nomination.
(f) After one (1) public hearing, the commission may hold such additional interviews with the candidates as it deems necessary. The commission shall make independent investigation and inquiry to determine the qualifications of possible nominees for the trial court vacancy and shall endeavor to encourage qualified attorneys to accept nomination and agree to serve if appointed to the trial court vacancy. All hearings, interviews, and meetings of the commission shall be conducted publicly and shall comply with title 8, chapter 44, part 1. Deliberations among the commission members shall occur immediately after the conclusion of the interviews. The commission shall adjourn the public hearing and interviews and deliberate in executive session. The deliberations shall not be open to the public and shall not be required to comply with title 8, chapter 44, part 1. At the conclusion of deliberations among commission members, the commission shall reconvene the public hearing for purposes of voting. When selecting nominees, commission members shall vote anonymously by written ballots, but such ballots shall be collected, announced, and tallied at the meeting by the presiding officer, and a majority of those present and voting shall decide questions. After receiving the commission's panel or panels of nominees, but prior to making an appointment pursuant to subsection (a), the governor shall direct the Tennessee bureau of investigation or other appropriate agencies to perform appropriate financial and criminal background investigations and inquiries of the prospective appointees, and the governor shall review and assess the results of the background investigations and inquiries.
(g) (1) The application for the position of trial judge shall contain an authorization form permitting the commission to request from the board of judicial conduct and the board of professional responsibility any information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on the applicant. Signing the authorization form has the effect of waiving any statutory or common law confidentiality that may attach to those documents. (2) If an applicant signs the authorization form, upon request of the commission, the board of judicial conduct and the board of professional responsibility shall furnish the commission with all information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on a person who applies to be a candidate to fill a trial court vacancy.
(1) The application for the position of trial judge shall contain an authorization form permitting the commission to request from the board of judicial conduct and the board of professional responsibility any information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on the applicant. Signing the authorization form has the effect of waiving any statutory or common law confidentiality that may attach to those documents.
(2) If an applicant signs the authorization form, upon request of the commission, the board of judicial conduct and the board of professional responsibility shall furnish the commission with all information, records, files, or other documents, whether in an electronic format or written form, that the board maintains on a person who applies to be a candidate to fill a trial court vacancy.
(h) As soon as practicable, and no later than sixty (60) days from receipt of written notice from the governor that a vacancy has occurred, the commission, with the assent of a majority of all the members to which it is entitled under § 17-4-301(a) , shall select three (3) persons whom the commission deems best qualified and available to fill the vacancy, and shall certify the names of the three (3) persons to the governor as nominees for the trial court vacancy. However, if the commission is reliably informed that a vacancy is impending for any other reason, then the commission may meet, select such persons, and certify the names of the nominees to the governor prior to actual receipt of written notice from the governor that a vacancy has occurred.
(i) If the judicial district is one (1) of the five (5) smallest judicial districts according to the 2010 federal census or any subsequent federal census, the commission may submit two (2) names to the governor, although the governor may require the commission to submit one (1) other panel of two (2) additional nominees.
(j) At the next regular August election occurring more than thirty (30) days after the vacancy occurs, the qualified voters of the district shall elect a candidate to fill the remainder of the unexpired term or a complete term, as provided in the general election law in title 2; provided, however, the qualifying deadline for candidates to fill the vacancy shall be determined by the date of the vacancy as follows: (1) If the vacancy occurs on or before the tenth day prior to the regular qualifying deadline, then the regular qualifying deadline shall apply; (2) If the vacancy occurs after the tenth day before the qualifying deadline but on or before the thirty-eighth day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the tenth day after the vacancy is created; (3) If the vacancy occurs after the thirty-eighth day but on or before the thirty-first day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election; and (4) Candidates qualifying under subdivisions (j)(2) and (3) must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline; however, no candidate shall withdraw after twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election.
(1) If the vacancy occurs on or before the tenth day prior to the regular qualifying deadline, then the regular qualifying deadline shall apply;
(2) If the vacancy occurs after the tenth day before the qualifying deadline but on or before the thirty-eighth day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the tenth day after the vacancy is created;
(3) If the vacancy occurs after the thirty-eighth day but on or before the thirty-first day prior to the next regular August election, then the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election; and
(4) Candidates qualifying under subdivisions (j)(2) and (3) must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline; however, no candidate shall withdraw after twelve o'clock (12:00) noon, prevailing time, on the twenty-eighth day before the election.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-5-306 — TN Code / Title 17 / Chapter 5 / Section 17-5-306
Formal charges - Answer - Failure to appear - Stated sanction
Status: in_force

(a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses under § 17-5-301(j) , or is suffering from a disability as set forth in § 17-5-302 , it is the duty of disciplinary counsel to give the judge under investigation written notice of the details of the formal charges. (b) The formal charges must give fair and adequate notice of the nature of the alleged misconduct or incapacity. The disciplinary counsel shall file the formal charges with the board. The disciplinary counsel shall cause a copy of the formal charges to be served on the judge or the judge's counsel by certified mail and shall file proof of service with the board. (c) The judge has fourteen (14) days from the date of receipt of written notice of the formal charge to file an answer with the board and serve a copy on the disciplinary counsel. (d) A judge who raises a defense based on a mental or physical condition waives any medical privilege. (e) If the judge fails to answer the formal charges, then the failure to answer constitutes an admission of the factual allegations. (f) If the judge fails to appear when specifically ordered to do so by the hearing panel or the board, the judge is deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or board shall not continue or delay proceedings because of the judge's failure to appear. (g) (1) The judge may agree with the disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction at any time after the filing of formal charges and before final disposition. The agreement must be submitted to the hearing panel assigned to the case, which shall either: (A) Reject the agreement; or (B) Approve the agreement and enter the order to sanction the judge. (2) If the stated sanction is rejected by the hearing panel, the agreement must be withdrawn and cannot be used against the judge in any proceedings. (3) A judge who consents to a stated sanction shall sign an affidavit stating that: (A) The judge consents to the sanction; (B) The consent is freely and voluntarily rendered; (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and (D) The facts set forth in the affidavit are true. (4) The affidavit must be filed with the board upon its approval by the hearing panel. The affidavit remains confidential until it is filed with the board. The final order of sanction must be based on the formal charges and the conditional admission. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1995, ch. 208, § 12; 2012, ch. 819, § 4.
(a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses under § 17-5-301(j) , or is suffering from a disability as set forth in § 17-5-302 , it is the duty of disciplinary counsel to give the judge under investigation written notice of the details of the formal charges.
(b) The formal charges must give fair and adequate notice of the nature of the alleged misconduct or incapacity. The disciplinary counsel shall file the formal charges with the board. The disciplinary counsel shall cause a copy of the formal charges to be served on the judge or the judge's counsel by certified mail and shall file proof of service with the board.
(c) The judge has fourteen (14) days from the date of receipt of written notice of the formal charge to file an answer with the board and serve a copy on the disciplinary counsel.
(d) A judge who raises a defense based on a mental or physical condition waives any medical privilege.
(e) If the judge fails to answer the formal charges, then the failure to answer constitutes an admission of the factual allegations.
(f) If the judge fails to appear when specifically ordered to do so by the hearing panel or the board, the judge is deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or board shall not continue or delay proceedings because of the judge's failure to appear.
(g) (1) The judge may agree with the disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction at any time after the filing of formal charges and before final disposition. The agreement must be submitted to the hearing panel assigned to the case, which shall either: (A) Reject the agreement; or (B) Approve the agreement and enter the order to sanction the judge. (2) If the stated sanction is rejected by the hearing panel, the agreement must be withdrawn and cannot be used against the judge in any proceedings. (3) A judge who consents to a stated sanction shall sign an affidavit stating that: (A) The judge consents to the sanction; (B) The consent is freely and voluntarily rendered; (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and (D) The facts set forth in the affidavit are true. (4) The affidavit must be filed with the board upon its approval by the hearing panel. The affidavit remains confidential until it is filed with the board. The final order of sanction must be based on the formal charges and the conditional admission.
(1) The judge may agree with the disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction at any time after the filing of formal charges and before final disposition. The agreement must be submitted to the hearing panel assigned to the case, which shall either: (A) Reject the agreement; or (B) Approve the agreement and enter the order to sanction the judge.
(A) Reject the agreement; or
(B) Approve the agreement and enter the order to sanction the judge.
(2) If the stated sanction is rejected by the hearing panel, the agreement must be withdrawn and cannot be used against the judge in any proceedings.
(3) A judge who consents to a stated sanction shall sign an affidavit stating that: (A) The judge consents to the sanction; (B) The consent is freely and voluntarily rendered; (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and (D) The facts set forth in the affidavit are true.
(A) The judge consents to the sanction;
(B) The consent is freely and voluntarily rendered;
(C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and
(D) The facts set forth in the affidavit are true.
(4) The affidavit must be filed with the board upon its approval by the hearing panel. The affidavit remains confidential until it is filed with the board. The final order of sanction must be based on the formal charges and the conditional admission.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1995, ch. 208, § 12; 2012, ch. 819, § 4.
Tenn. Code Ann. § 17-3-107 — TN Code / Title 17 / Chapter 3 / Section 17-3-107
Crime suppression recommendations
Status: in_force

It is the duty of the conference to give consideration to the enactment of laws and rules of procedure that in its judgment may be necessary to the more effective suppression of crime and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly. Acts 1953, ch. 129, § 4 (Williams, § 738.16); T.C.A. (orig. ed.), § 17-407.
It is the duty of the conference to give consideration to the enactment of laws and rules of procedure that in its judgment may be necessary to the more effective suppression of crime and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly.
Acts 1953, ch. 129, § 4 (Williams, § 738.16); T.C.A. (orig. ed.), § 17-407.
Tenn. Code Ann. § 17-5-103 — TN Code / Title 17 / Chapter 5 / Section 17-5-103
Liberal construction of chapter
Status: in_force

This chapter must be liberally construed to accomplish the declared purposes and intents set forth in this chapter. Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 3; T.C.A., § 17-803.
This chapter must be liberally construed to accomplish the declared purposes and intents set forth in this chapter.
Amended by 2019 Tenn. Acts, ch. 496,s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 3; T.C.A., § 17-803.
Tenn. Code Ann. § 17-4-311 — TN Code / Title 17 / Chapter 4 / Section 17-4-311
Maintenance of records by administrative office of the courts - Notification of time and place of meetings
Status: in_force

The administrative office of the courts shall keep and maintain all records of the trial court vacancy commission as well as furnish the commission with any other secretarial or clerical services or assistance it may require. It is further the duty of the administrative office of the courts to notify all commission members of the date, time, and place of any commission meetings. Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
The administrative office of the courts shall keep and maintain all records of the trial court vacancy commission as well as furnish the commission with any other secretarial or clerical services or assistance it may require. It is further the duty of the administrative office of the courts to notify all commission members of the date, time, and place of any commission meetings.
Added by 2016 Tenn. Acts, ch. 528,s 17, eff. 1/28/2016.
Tenn. Code Ann. § 17-4-105 — TN Code / Title 17 / Chapter 4 / Section 17-4-105
Retention elections
Status: in_force

(a) A judge, who has been appointed and confirmed for a full eight-year term on the supreme court, the court of appeals, or the court of criminal appeals and who takes office on September 1 at the beginning of the eight-year term or in accordance with § 17-4-104(a)(3) , shall face a retention election at the next regular August election immediately preceding the end of the eight-year term, as provided in § 17-4-106 . (b) A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals more than thirty (30) days prior to the next regular August election, shall stand for election in a retention election for the remainder of the term at the next regular August election following confirmation as provided in § 17-4-106 . (c) A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals thirty (30) days or less prior to a regular August election, shall stand for election in a retention election at the next regular August election occurring more than thirty (30) days following the judge's confirmation as provided in § 17-4-106 . (d) All incumbent judges of the supreme court, the court of appeals, and the court of criminal appeals who intend to stand for election for another eight-year term, shall stand for election in a retention election at the regular August election immediately preceding the end of the eight-year term as provided in § 17-4-106 . (e) The judges appointed in 2014, 2015, and prior to January 28, 2016, to fill vacancies on the supreme court, the court of appeals, and the court of criminal appeals, whose names were not included on the regular August 2014 ballot, shall, upon filing a timely written declaration of candidacy pursuant to § 17-4-106 not later than twelve o'clock (12:00) noon, prevailing time, on April 7, 2016, stand for election in a retention election in the regular August election in 2016. Amended by 2016 Tenn. Acts, ch. 528,s 13, eff. 1/28/2016. Acts 2009, ch. 517, § 1.
(a) A judge, who has been appointed and confirmed for a full eight-year term on the supreme court, the court of appeals, or the court of criminal appeals and who takes office on September 1 at the beginning of the eight-year term or in accordance with § 17-4-104(a)(3) , shall face a retention election at the next regular August election immediately preceding the end of the eight-year term, as provided in § 17-4-106 .
(b) A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals more than thirty (30) days prior to the next regular August election, shall stand for election in a retention election for the remainder of the term at the next regular August election following confirmation as provided in § 17-4-106 .
(c) A judge, who has been appointed and confirmed to fill a vacancy for an unexpired term on the supreme court, the court of appeals, or the court of criminal appeals thirty (30) days or less prior to a regular August election, shall stand for election in a retention election at the next regular August election occurring more than thirty (30) days following the judge's confirmation as provided in § 17-4-106 .
(d) All incumbent judges of the supreme court, the court of appeals, and the court of criminal appeals who intend to stand for election for another eight-year term, shall stand for election in a retention election at the regular August election immediately preceding the end of the eight-year term as provided in § 17-4-106 .
(e) The judges appointed in 2014, 2015, and prior to January 28, 2016, to fill vacancies on the supreme court, the court of appeals, and the court of criminal appeals, whose names were not included on the regular August 2014 ballot, shall, upon filing a timely written declaration of candidacy pursuant to § 17-4-106 not later than twelve o'clock (12:00) noon, prevailing time, on April 7, 2016, stand for election in a retention election in the regular August election in 2016.
Amended by 2016 Tenn. Acts, ch. 528,s 13, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.
Tenn. Code Ann. § 17-2-308 — TN Code / Title 17 / Chapter 2 / Section 17-2-308
Provisions of part supplemental
Status: in_force

(a) This part is intended to be in addition to and supplemental to this chapter and §§ 8-36-806 and 16-3-502(2) and shall not be construed to supersede these provisions as they exist on January 1, 1991. (b) In the case of conflict between this part and any other statute, this part will control and shall not be used to supplant or replace an existing judge or an additional judge who is to be elected pursuant to § 16-2-505 . Acts 1990, ch. 1025, § 8.
(a) This part is intended to be in addition to and supplemental to this chapter and §§ 8-36-806 and 16-3-502(2) and shall not be construed to supersede these provisions as they exist on January 1, 1991.
(b) In the case of conflict between this part and any other statute, this part will control and shall not be used to supplant or replace an existing judge or an additional judge who is to be elected pursuant to § 16-2-505 .
Acts 1990, ch. 1025, § 8.
Tenn. Code Ann. § 17-5-301 — TN Code / Title 17 / Chapter 5 / Section 17-5-301
Powers of board - Disciplinary counsel
Status: in_force

(a) The board is given broad powers to investigate, hear, and determine charges sufficient to warrant sanctions or removal, and to carry out its duties in all other matters as set forth in this chapter. (b) The board is specifically authorized to administer oaths and affirmations, to issue process to compel the attendance of witnesses and the production of evidence, to conduct hearings, and to use, exercise, and enjoy any of the powers normally exercised by courts of record in this state. The Tennessee Rules of Civil Procedure are applicable, and the Tennessee Rules of Evidence govern the presentation of proof. The board shall conduct discovery and review the materials collected in camera; provided, that only materials relevant to the investigation shall be made public. (c) No action of the board is valid unless concurred in by a majority of the members voting upon the action. (d) The attorney serving as disciplinary counsel for the board immediately preceding July 1, 2019 shall relinquish the position and a new disciplinary counsel is to be appointed by the board. The disciplinary counsel shall serve at the pleasure of the board and may be removed by the board. The disciplinary counsel shall report to the board upon appointment. The disciplinary counsel may employ additional attorneys or staff for administrative support, subject to the approval of the board. Compensation for the disciplinary counsel and additional personnel is fixed by the board. This section shall not be construed to preclude disciplinary counsel employed by the board of professional responsibility from acting as disciplinary counsel and the staff and physical resources of the board of professional responsibility from being utilized, with the approval of the court, to assist in the performance of the disciplinary counsel's functions effectively and without delay. The board shall compensate the board of professional responsibility for the use of any such staff and physical resources. (e) The disciplinary counsel has the authority and duty to: (1) Receive and screen complaints, refer complaints to other agencies when appropriate, conduct preliminary investigations, make recommendations to the investigative panel of the board and, upon authorization, conduct full investigations, notify complainants about the status and disposition of their complaints, make recommendations to the investigative panel on the disposition of complaints after full investigation, file formal charges subject to approval of the investigative panel when directed to do so by the investigative panel, and prosecute formal charges; (2) Maintain permanent records of the operations of the disciplinary counsel's office, including receipt of complaints, screening, investigation, and filing of formal charges in judicial discipline and incapacity matters; (3) Draft decisions, orders, reports, and other documents on behalf of the hearing and investigative panels if directed by the board; (4) Compile statistics to aid in the administration of the system, including, but not limited to, a log of all complaints received, investigative files, and statistical summaries of docket processing and case dispositions, consistent with § 17-5-202 ; (5) Seek investigative assistance from the Tennessee bureau of investigation, or from any district attorney general and, in appropriate cases, employ private investigators or experts, as necessary, to investigate and process matters before the board. Such action may only be taken in concurrence with the applicable investigative panel; and (6) Perform other duties at the direction of a majority of the board. (f) (1) The board has the power to impose any, or any combination, of the following: (A) Suspension without impairment of compensation for such period as the board determines; (B) Imposition of limitations and conditions on the performance of judicial duties, including the issuance of a cease and desist order; (C) Private reprimand by the investigative panel. A private reprimand, whether imposed by the board or by an investigative panel, may be used in subsequent proceedings as evidence of prior misconduct solely upon the issue of the sanctions to be imposed; (D) Entry into a deferred discipline agreement; (E) Public reprimand; and (F) Entry of judgment recommending removal of the judge from office. (2) Disciplinary counsel fees and costs related to the hearing by a hearing panel shall not be taxed against the judge unless the sanction imposed requests the judge's removal from office. (g) For purposes of this part, the following definitions apply: (1) "Deferred discipline agreement" means a response to misconduct that is minor and can be addressed through treatment, training, or a rehabilitation program under which the judge agrees with the recommendation of the investigative panel of the board to undergo evaluation or treatment, or both; participate in educational programs; or take any other corrective action. Any other disciplinary sanction arising from the same conduct is suspended during the term of a deferred discipline agreement, and no further sanction may be imposed upon the successful completion of the deferred disciplinary agreement by the judge. The disciplinary counsel may proceed with other appropriate action upon a judge's failure to comply with the disciplinary agreement; (2) "Private reprimand" means a form of nonpublic discipline imposed by a letter that details the finding of minor judicial misconduct and enumerates the reasons that such conduct is improper or brings discredit upon the judiciary or the administration of justice; and (3) "Public reprimand" means a private reprimand that is released to the public. (h) A sanction imposed by the board does not violate the prohibition of Constitution of Tennessee, Article VI, § 7. (i) The board or the investigatory panel shall consider the following criteria in determining the sanction or combination of sanctions appropriate for the level of culpability involved in the judge's misconduct: (1) Whether the misconduct is an isolated instance or evidences a pattern of conduct; (2) The nature, extent, and frequency of occurrence of the acts of misconduct; (3) Whether the misconduct occurred in or out of the courtroom; (4) Whether the misconduct occurred while the judge was acting in an official capacity; (5) Whether the judge has acknowledged or recognized the occurrence, nature, and impropriety of the acts; (6) Whether the judge has made an effort to change or modify the conduct; (7) The level of sanction, if any, previously rendered against other judges for the same conduct; (8) Whether there have been prior complaints about the judge, except where prior complaints have been found to be frivolous, unfounded, or without jurisdiction pursuant to § 17-5-304 ; (9) The effect of the misconduct upon the integrity of, and respect for, the judiciary; (10) The extent to which the judge exploited the judicial position for personal gain or satisfaction; and (11) The sanction or sanctions imposed against other judges for the same or similar misconduct under the same or similar circumstances. (j) (1) The board may consider the following offenses in determining the sanction or combination of sanctions appropriate for the level of culpability involved in the judge's conduct: (A) Willful misconduct relating to the official duties of the office; (B) Willful or persistent failure to perform the duties of the office; (C) A violation of the code of judicial conduct as set out in Rule 10 of the Rules of the Tennessee Supreme Court; (D) A violation of the Tennessee Rules of Professional Conduct as set out in Rule 8 of the Rules of the Tennessee Supreme Court, as is applicable to judges; (E) A persistent pattern of intemperate, irresponsible, or injudicious conduct; (F) A persistent pattern of discourtesy to litigants, witnesses, jurors, court personnel, or lawyers; (G) A persistent pattern of delay in disposing of pending litigation; and (H) Any other conduct calculated to bring the judiciary into public disrepute or to adversely affect the administration of justice. (2) The legal analysis, findings of fact, and conclusions of law of a written opinion or order by a judge are not grounds for sanction under this subsection (j); provided, that the personal views of a judge contained within a written opinion or order by a judge are not protected by this subdivision (j)(2). Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 11; T.C.A., § 17-811; Acts 1995, ch. 208, § 8; 2002, ch. 564, §§ 4 - 9; 2012 , ch. 819, § 4.
(a) The board is given broad powers to investigate, hear, and determine charges sufficient to warrant sanctions or removal, and to carry out its duties in all other matters as set forth in this chapter.
(b) The board is specifically authorized to administer oaths and affirmations, to issue process to compel the attendance of witnesses and the production of evidence, to conduct hearings, and to use, exercise, and enjoy any of the powers normally exercised by courts of record in this state. The Tennessee Rules of Civil Procedure are applicable, and the Tennessee Rules of Evidence govern the presentation of proof. The board shall conduct discovery and review the materials collected in camera; provided, that only materials relevant to the investigation shall be made public.
(c) No action of the board is valid unless concurred in by a majority of the members voting upon the action.
(d) The attorney serving as disciplinary counsel for the board immediately preceding July 1, 2019 shall relinquish the position and a new disciplinary counsel is to be appointed by the board. The disciplinary counsel shall serve at the pleasure of the board and may be removed by the board. The disciplinary counsel shall report to the board upon appointment. The disciplinary counsel may employ additional attorneys or staff for administrative support, subject to the approval of the board. Compensation for the disciplinary counsel and additional personnel is fixed by the board. This section shall not be construed to preclude disciplinary counsel employed by the board of professional responsibility from acting as disciplinary counsel and the staff and physical resources of the board of professional responsibility from being utilized, with the approval of the court, to assist in the performance of the disciplinary counsel's functions effectively and without delay. The board shall compensate the board of professional responsibility for the use of any such staff and physical resources.
(e) The disciplinary counsel has the authority and duty to: (1) Receive and screen complaints, refer complaints to other agencies when appropriate, conduct preliminary investigations, make recommendations to the investigative panel of the board and, upon authorization, conduct full investigations, notify complainants about the status and disposition of their complaints, make recommendations to the investigative panel on the disposition of complaints after full investigation, file formal charges subject to approval of the investigative panel when directed to do so by the investigative panel, and prosecute formal charges; (2) Maintain permanent records of the operations of the disciplinary counsel's office, including receipt of complaints, screening, investigation, and filing of formal charges in judicial discipline and incapacity matters; (3) Draft decisions, orders, reports, and other documents on behalf of the hearing and investigative panels if directed by the board; (4) Compile statistics to aid in the administration of the system, including, but not limited to, a log of all complaints received, investigative files, and statistical summaries of docket processing and case dispositions, consistent with § 17-5-202 ; (5) Seek investigative assistance from the Tennessee bureau of investigation, or from any district attorney general and, in appropriate cases, employ private investigators or experts, as necessary, to investigate and process matters before the board. Such action may only be taken in concurrence with the applicable investigative panel; and (6) Perform other duties at the direction of a majority of the board.
(1) Receive and screen complaints, refer complaints to other agencies when appropriate, conduct preliminary investigations, make recommendations to the investigative panel of the board and, upon authorization, conduct full investigations, notify complainants about the status and disposition of their complaints, make recommendations to the investigative panel on the disposition of complaints after full investigation, file formal charges subject to approval of the investigative panel when directed to do so by the investigative panel, and prosecute formal charges;
(2) Maintain permanent records of the operations of the disciplinary counsel's office, including receipt of complaints, screening, investigation, and filing of formal charges in judicial discipline and incapacity matters;
(3) Draft decisions, orders, reports, and other documents on behalf of the hearing and investigative panels if directed by the board;
(4) Compile statistics to aid in the administration of the system, including, but not limited to, a log of all complaints received, investigative files, and statistical summaries of docket processing and case dispositions, consistent with § 17-5-202 ;
(5) Seek investigative assistance from the Tennessee bureau of investigation, or from any district attorney general and, in appropriate cases, employ private investigators or experts, as necessary, to investigate and process matters before the board. Such action may only be taken in concurrence with the applicable investigative panel; and
(6) Perform other duties at the direction of a majority of the board.
(f) (1) The board has the power to impose any, or any combination, of the following: (A) Suspension without impairment of compensation for such period as the board determines; (B) Imposition of limitations and conditions on the performance of judicial duties, including the issuance of a cease and desist order; (C) Private reprimand by the investigative panel. A private reprimand, whether imposed by the board or by an investigative panel, may be used in subsequent proceedings as evidence of prior misconduct solely upon the issue of the sanctions to be imposed; (D) Entry into a deferred discipline agreement; (E) Public reprimand; and (F) Entry of judgment recommending removal of the judge from office. (2) Disciplinary counsel fees and costs related to the hearing by a hearing panel shall not be taxed against the judge unless the sanction imposed requests the judge's removal from office.
(1) The board has the power to impose any, or any combination, of the following: (A) Suspension without impairment of compensation for such period as the board determines; (B) Imposition of limitations and conditions on the performance of judicial duties, including the issuance of a cease and desist order; (C) Private reprimand by the investigative panel. A private reprimand, whether imposed by the board or by an investigative panel, may be used in subsequent proceedings as evidence of prior misconduct solely upon the issue of the sanctions to be imposed; (D) Entry into a deferred discipline agreement; (E) Public reprimand; and (F) Entry of judgment recommending removal of the judge from office.
(A) Suspension without impairment of compensation for such period as the board determines;
(B) Imposition of limitations and conditions on the performance of judicial duties, including the issuance of a cease and desist order;
(C) Private reprimand by the investigative panel. A private reprimand, whether imposed by the board or by an investigative panel, may be used in subsequent proceedings as evidence of prior misconduct solely upon the issue of the sanctions to be imposed;
(D) Entry into a deferred discipline agreement;
(E) Public reprimand; and
(F) Entry of judgment recommending removal of the judge from office.
(2) Disciplinary counsel fees and costs related to the hearing by a hearing panel shall not be taxed against the judge unless the sanction imposed requests the judge's removal from office.
(g) For purposes of this part, the following definitions apply: (1) "Deferred discipline agreement" means a response to misconduct that is minor and can be addressed through treatment, training, or a rehabilitation program under which the judge agrees with the recommendation of the investigative panel of the board to undergo evaluation or treatment, or both; participate in educational programs; or take any other corrective action. Any other disciplinary sanction arising from the same conduct is suspended during the term of a deferred discipline agreement, and no further sanction may be imposed upon the successful completion of the deferred disciplinary agreement by the judge. The disciplinary counsel may proceed with other appropriate action upon a judge's failure to comply with the disciplinary agreement; (2) "Private reprimand" means a form of nonpublic discipline imposed by a letter that details the finding of minor judicial misconduct and enumerates the reasons that such conduct is improper or brings discredit upon the judiciary or the administration of justice; and (3) "Public reprimand" means a private reprimand that is released to the public.
(1) "Deferred discipline agreement" means a response to misconduct that is minor and can be addressed through treatment, training, or a rehabilitation program under which the judge agrees with the recommendation of the investigative panel of the board to undergo evaluation or treatment, or both; participate in educational programs; or take any other corrective action. Any other disciplinary sanction arising from the same conduct is suspended during the term of a deferred discipline agreement, and no further sanction may be imposed upon the successful completion of the deferred disciplinary agreement by the judge. The disciplinary counsel may proceed with other appropriate action upon a judge's failure to comply with the disciplinary agreement;
(2) "Private reprimand" means a form of nonpublic discipline imposed by a letter that details the finding of minor judicial misconduct and enumerates the reasons that such conduct is improper or brings discredit upon the judiciary or the administration of justice; and
(3) "Public reprimand" means a private reprimand that is released to the public.
(h) A sanction imposed by the board does not violate the prohibition of Constitution of Tennessee, Article VI, § 7.
(i) The board or the investigatory panel shall consider the following criteria in determining the sanction or combination of sanctions appropriate for the level of culpability involved in the judge's misconduct: (1) Whether the misconduct is an isolated instance or evidences a pattern of conduct; (2) The nature, extent, and frequency of occurrence of the acts of misconduct; (3) Whether the misconduct occurred in or out of the courtroom; (4) Whether the misconduct occurred while the judge was acting in an official capacity; (5) Whether the judge has acknowledged or recognized the occurrence, nature, and impropriety of the acts; (6) Whether the judge has made an effort to change or modify the conduct; (7) The level of sanction, if any, previously rendered against other judges for the same conduct; (8) Whether there have been prior complaints about the judge, except where prior complaints have been found to be frivolous, unfounded, or without jurisdiction pursuant to § 17-5-304 ; (9) The effect of the misconduct upon the integrity of, and respect for, the judiciary; (10) The extent to which the judge exploited the judicial position for personal gain or satisfaction; and (11) The sanction or sanctions imposed against other judges for the same or similar misconduct under the same or similar circumstances.
(1) Whether the misconduct is an isolated instance or evidences a pattern of conduct;
(2) The nature, extent, and frequency of occurrence of the acts of misconduct;
(3) Whether the misconduct occurred in or out of the courtroom;
(4) Whether the misconduct occurred while the judge was acting in an official capacity;
(5) Whether the judge has acknowledged or recognized the occurrence, nature, and impropriety of the acts;
(6) Whether the judge has made an effort to change or modify the conduct;
(7) The level of sanction, if any, previously rendered against other judges for the same conduct;
(8) Whether there have been prior complaints about the judge, except where prior complaints have been found to be frivolous, unfounded, or without jurisdiction pursuant to § 17-5-304 ;
(9) The effect of the misconduct upon the integrity of, and respect for, the judiciary;
(10) The extent to which the judge exploited the judicial position for personal gain or satisfaction; and
(11) The sanction or sanctions imposed against other judges for the same or similar misconduct under the same or similar circumstances.
(j) (1) The board may consider the following offenses in determining the sanction or combination of sanctions appropriate for the level of culpability involved in the judge's conduct: (A) Willful misconduct relating to the official duties of the office; (B) Willful or persistent failure to perform the duties of the office; (C) A violation of the code of judicial conduct as set out in Rule 10 of the Rules of the Tennessee Supreme Court; (D) A violation of the Tennessee Rules of Professional Conduct as set out in Rule 8 of the Rules of the Tennessee Supreme Court, as is applicable to judges; (E) A persistent pattern of intemperate, irresponsible, or injudicious conduct; (F) A persistent pattern of discourtesy to litigants, witnesses, jurors, court personnel, or lawyers; (G) A persistent pattern of delay in disposing of pending litigation; and (H) Any other conduct calculated to bring the judiciary into public disrepute or to adversely affect the administration of justice. (2) The legal analysis, findings of fact, and conclusions of law of a written opinion or order by a judge are not grounds for sanction under this subsection (j); provided, that the personal views of a judge contained within a written opinion or order by a judge are not protected by this subdivision (j)(2).
(1) The board may consider the following offenses in determining the sanction or combination of sanctions appropriate for the level of culpability involved in the judge's conduct: (A) Willful misconduct relating to the official duties of the office; (B) Willful or persistent failure to perform the duties of the office; (C) A violation of the code of judicial conduct as set out in Rule 10 of the Rules of the Tennessee Supreme Court; (D) A violation of the Tennessee Rules of Professional Conduct as set out in Rule 8 of the Rules of the Tennessee Supreme Court, as is applicable to judges; (E) A persistent pattern of intemperate, irresponsible, or injudicious conduct; (F) A persistent pattern of discourtesy to litigants, witnesses, jurors, court personnel, or lawyers; (G) A persistent pattern of delay in disposing of pending litigation; and (H) Any other conduct calculated to bring the judiciary into public disrepute or to adversely affect the administration of justice.
(A) Willful misconduct relating to the official duties of the office;
(B) Willful or persistent failure to perform the duties of the office;
(C) A violation of the code of judicial conduct as set out in Rule 10 of the Rules of the Tennessee Supreme Court;
(D) A violation of the Tennessee Rules of Professional Conduct as set out in Rule 8 of the Rules of the Tennessee Supreme Court, as is applicable to judges;
(E) A persistent pattern of intemperate, irresponsible, or injudicious conduct;
(F) A persistent pattern of discourtesy to litigants, witnesses, jurors, court personnel, or lawyers;
(G) A persistent pattern of delay in disposing of pending litigation; and
(H) Any other conduct calculated to bring the judiciary into public disrepute or to adversely affect the administration of justice.
(2) The legal analysis, findings of fact, and conclusions of law of a written opinion or order by a judge are not grounds for sanction under this subsection (j); provided, that the personal views of a judge contained within a written opinion or order by a judge are not protected by this subdivision (j)(2).
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 11; T.C.A., § 17-811; Acts 1995, ch. 208, § 8; 2002, ch. 564, §§ 4 - 9; 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-5-303 — TN Code / Title 17 / Chapter 5 / Section 17-5-303
Investigations of complaints by disciplinary counsel - Recommendation by disciplinary counsel - Action by investigative panel
Status: in_force

(a) The disciplinary counsel shall evaluate all information coming to the disciplinary counsel's attention by complaint, upon the request of any member of the board, or from any other credible source that alleges judicial misconduct or incapacity within fourteen (14) days of the date of a written complaint being filed, a request being submitted, or the receipt of information from a credible source alleging judicial misconduct or incapacity. (b) In instances in which a complaint is filed, the complaint must be submitted in writing, must contain the name of the complainant, must be signed by the complainant, and must allege specific facts directly relating to the alleged misconduct or incapacity of the judge in question. The disciplinary counsel shall review all complaints and if, in the judgment of the disciplinary counsel, the complaint establishes probable cause that the conduct complained of occurred and violates § 17-5-301(j) , the disciplinary counsel shall conduct a preliminary investigation, subject to review by the investigative panel pursuant to subdivision (c)(3). The preliminary investigation must be completed within sixty (60) days of the receipt of the complaint, unless the chair authorizes additional time for the completion of the investigation. If the disciplinary counsel believes the complaint fails to establish probable cause that either the conduct occurred or the conduct constituted a violation of § 17-5-301(j) , the disciplinary counsel shall recommend dismissal of the complaint or, if appropriate, refer the matter to another agency. The recommendation for dismissal is subject to review by the investigative panel pursuant to subdivision (c)(3). (c) (1) The disciplinary counsel may conduct interviews and examine evidence to determine whether the specific facts alleged are true and, if so, whether the facts establish probable cause that a violation of § 17-5-301(j) has occurred; however, the disciplinary counsel shall not issue a subpoena to obtain testimony or evidence until the investigative panel authorizes a full investigation pursuant to subdivision (c)(3). (2) If the disciplinary counsel believes there is evidence supporting the allegations against a judge, the disciplinary counsel shall recommend to the investigative panel assigned to the case that the panel authorize a full investigation. The disciplinary counsel may also recommend a full investigation when the disciplinary counsel believes there is evidence that would establish probable cause that a violation of § 17-5-301(j) has occurred and such evidence could be obtained by subpoena or further investigation. In all other cases, the disciplinary counsel must recommend that the matter be dismissed. The disciplinary counsel shall make the recommendation to the investigative panel within fourteen (14) days of the disciplinary counsel's completion of the preliminary investigation. (3) The investigative panel shall review the disciplinary counsel's recommendations and either dismiss the complaint or authorize a full investigation within fourteen (14) days of receipt of the disciplinary counsel's recommendation. The disciplinary counsel has no authority to dismiss a complaint without the review of and approval by the investigative panel, except when the complaint alleges conduct the entirety of which has been the subject of a prior complaint, is untimely, or alleges matters beyond the permissible scope of the board's inquiry. (d) (1) Within fourteen (14) days after the investigative panel authorizes a full investigation, the disciplinary counsel shall give the following notice to the judge by certified mail: (A) A specific statement of the allegations being investigated and the canons or rules allegedly violated, with the provision that the investigation can be expanded, if appropriate; (B) The judge's duty to respond; (C) The judge's opportunity to meet with the disciplinary counsel; and (D) The name of the complainant, unless the investigative panel determines that there is good cause to withhold such information. (2) The investigative panel may defer the giving of notice; however, notice must be given pursuant to this section before making a determination other than dismissal of the complaint. (3) The disciplinary counsel shall request the judge to file a written response within fourteen (14) days after service of the notice. (e) (1) The disciplinary counsel shall complete its investigation within thirty-five (35) days of being authorized by the investigative panel. The disciplinary counsel shall notify the investigative panel of disciplinary counsel's recommendation within seven (7) days of completion of the disciplinary counsel's investigation. The disciplinary counsel may recommend to the investigative panel any, or any combination, of the following: (A) Dismissal; (B) Private reprimand, deferred discipline agreement, public reprimand, or any other sanction authorized under § 17-5-301(f)(1) ; (C) The filing of formal charges; (D) Referral to an appropriate agency; or (E) A stay of the thirty-five-day period for completing the investigation as prescribed in this subdivision (e)(1). (2) The investigative panel shall act on the disciplinary counsel's recommendation within ten (10) days of its receipt. The investigative panel may adopt, reject, or modify the recommendation of the disciplinary counsel. If the investigative panel finds a violation for which the imposition of a sanction is not warranted, it may dismiss the complaint. If the investigative panel finds that there is reasonable cause to believe the judge committed a judicial offense: (A) It may direct the disciplinary counsel to file formal charges; (B) (i) It may propose any, or any combination, of the following to the judge: (a) Private reprimand; (b) Deferred discipline agreement; (c) Public reprimand; or (d) Any other sanction authorized under § 17-5-301(f)(1) ; and (ii) If the judge consents, the investigative panel shall impose the sanction or implement the deferred sanction agreement; or (C) If the judge does not consent to the proposed sanction or the deferred discipline agreement, the investigative panel may direct the disciplinary counsel to either file formal charges or dismiss the complaint. (f) If the investigative panel finds there is reasonable cause to believe the judge committed a judicial offense, and the investigative panel directs the disciplinary counsel to file a formal charge, then upon the filing of the formal charge, all records, actions, and proceedings of the board shall be subject to § 10-7-503 and title 8, chapter 44, except that the board may deliberate in private. (g) Upon the filing of an indictment, presentment, or information charging a judge with a felony under the law of any state or under federal law, the board may immediately place the judge on interim suspension. (h) A complaint must be filed within one (1) year of the time that the party filing the complaint knew or reasonably should have known of the alleged misconduct. When the last episode of an alleged pattern of misconduct occurs within the one-year period, all prior acts or omissions related to the alleged pattern of misconduct may be considered, except a prior act or omission for which a complaint was filed and dismissed as unfounded or frivolous without a full investigation by the board. (i) (1) Prior to entering into a deferred discipline agreement, the investigative panel must require the judge to sign an affidavit stating that: (A) The judge consents to the recommendation of the investigative panel; (B) The consent is freely and voluntarily rendered; (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and (D) The facts set forth in the affidavit are true. (2) The affidavit must be filed with the board upon its approval by the investigative or hearing panel. Amended by 2024 Tenn. Acts, ch. 922,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 976, s 4, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 976, s 3, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019. Acts 1979, ch. 356, § 13; T.C.A., § 17-813; Acts 1995, ch. 208, §§ 9, 10; 2012 , ch. 819, § 4.
(a) The disciplinary counsel shall evaluate all information coming to the disciplinary counsel's attention by complaint, upon the request of any member of the board, or from any other credible source that alleges judicial misconduct or incapacity within fourteen (14) days of the date of a written complaint being filed, a request being submitted, or the receipt of information from a credible source alleging judicial misconduct or incapacity.
(b) In instances in which a complaint is filed, the complaint must be submitted in writing, must contain the name of the complainant, must be signed by the complainant, and must allege specific facts directly relating to the alleged misconduct or incapacity of the judge in question. The disciplinary counsel shall review all complaints and if, in the judgment of the disciplinary counsel, the complaint establishes probable cause that the conduct complained of occurred and violates § 17-5-301(j) , the disciplinary counsel shall conduct a preliminary investigation, subject to review by the investigative panel pursuant to subdivision (c)(3). The preliminary investigation must be completed within sixty (60) days of the receipt of the complaint, unless the chair authorizes additional time for the completion of the investigation. If the disciplinary counsel believes the complaint fails to establish probable cause that either the conduct occurred or the conduct constituted a violation of § 17-5-301(j) , the disciplinary counsel shall recommend dismissal of the complaint or, if appropriate, refer the matter to another agency. The recommendation for dismissal is subject to review by the investigative panel pursuant to subdivision (c)(3).
(c) (1) The disciplinary counsel may conduct interviews and examine evidence to determine whether the specific facts alleged are true and, if so, whether the facts establish probable cause that a violation of § 17-5-301(j) has occurred; however, the disciplinary counsel shall not issue a subpoena to obtain testimony or evidence until the investigative panel authorizes a full investigation pursuant to subdivision (c)(3). (2) If the disciplinary counsel believes there is evidence supporting the allegations against a judge, the disciplinary counsel shall recommend to the investigative panel assigned to the case that the panel authorize a full investigation. The disciplinary counsel may also recommend a full investigation when the disciplinary counsel believes there is evidence that would establish probable cause that a violation of § 17-5-301(j) has occurred and such evidence could be obtained by subpoena or further investigation. In all other cases, the disciplinary counsel must recommend that the matter be dismissed. The disciplinary counsel shall make the recommendation to the investigative panel within fourteen (14) days of the disciplinary counsel's completion of the preliminary investigation. (3) The investigative panel shall review the disciplinary counsel's recommendations and either dismiss the complaint or authorize a full investigation within fourteen (14) days of receipt of the disciplinary counsel's recommendation. The disciplinary counsel has no authority to dismiss a complaint without the review of and approval by the investigative panel, except when the complaint alleges conduct the entirety of which has been the subject of a prior complaint, is untimely, or alleges matters beyond the permissible scope of the board's inquiry.
(1) The disciplinary counsel may conduct interviews and examine evidence to determine whether the specific facts alleged are true and, if so, whether the facts establish probable cause that a violation of § 17-5-301(j) has occurred; however, the disciplinary counsel shall not issue a subpoena to obtain testimony or evidence until the investigative panel authorizes a full investigation pursuant to subdivision (c)(3).
(2) If the disciplinary counsel believes there is evidence supporting the allegations against a judge, the disciplinary counsel shall recommend to the investigative panel assigned to the case that the panel authorize a full investigation. The disciplinary counsel may also recommend a full investigation when the disciplinary counsel believes there is evidence that would establish probable cause that a violation of § 17-5-301(j) has occurred and such evidence could be obtained by subpoena or further investigation. In all other cases, the disciplinary counsel must recommend that the matter be dismissed. The disciplinary counsel shall make the recommendation to the investigative panel within fourteen (14) days of the disciplinary counsel's completion of the preliminary investigation.
(3) The investigative panel shall review the disciplinary counsel's recommendations and either dismiss the complaint or authorize a full investigation within fourteen (14) days of receipt of the disciplinary counsel's recommendation. The disciplinary counsel has no authority to dismiss a complaint without the review of and approval by the investigative panel, except when the complaint alleges conduct the entirety of which has been the subject of a prior complaint, is untimely, or alleges matters beyond the permissible scope of the board's inquiry.
(d) (1) Within fourteen (14) days after the investigative panel authorizes a full investigation, the disciplinary counsel shall give the following notice to the judge by certified mail: (A) A specific statement of the allegations being investigated and the canons or rules allegedly violated, with the provision that the investigation can be expanded, if appropriate; (B) The judge's duty to respond; (C) The judge's opportunity to meet with the disciplinary counsel; and (D) The name of the complainant, unless the investigative panel determines that there is good cause to withhold such information. (2) The investigative panel may defer the giving of notice; however, notice must be given pursuant to this section before making a determination other than dismissal of the complaint. (3) The disciplinary counsel shall request the judge to file a written response within fourteen (14) days after service of the notice.
(1) Within fourteen (14) days after the investigative panel authorizes a full investigation, the disciplinary counsel shall give the following notice to the judge by certified mail: (A) A specific statement of the allegations being investigated and the canons or rules allegedly violated, with the provision that the investigation can be expanded, if appropriate; (B) The judge's duty to respond; (C) The judge's opportunity to meet with the disciplinary counsel; and (D) The name of the complainant, unless the investigative panel determines that there is good cause to withhold such information.
(A) A specific statement of the allegations being investigated and the canons or rules allegedly violated, with the provision that the investigation can be expanded, if appropriate;
(B) The judge's duty to respond;
(C) The judge's opportunity to meet with the disciplinary counsel; and
(D) The name of the complainant, unless the investigative panel determines that there is good cause to withhold such information.
(2) The investigative panel may defer the giving of notice; however, notice must be given pursuant to this section before making a determination other than dismissal of the complaint.
(3) The disciplinary counsel shall request the judge to file a written response within fourteen (14) days after service of the notice.
(e) (1) The disciplinary counsel shall complete its investigation within thirty-five (35) days of being authorized by the investigative panel. The disciplinary counsel shall notify the investigative panel of disciplinary counsel's recommendation within seven (7) days of completion of the disciplinary counsel's investigation. The disciplinary counsel may recommend to the investigative panel any, or any combination, of the following: (A) Dismissal; (B) Private reprimand, deferred discipline agreement, public reprimand, or any other sanction authorized under § 17-5-301(f)(1) ; (C) The filing of formal charges; (D) Referral to an appropriate agency; or (E) A stay of the thirty-five-day period for completing the investigation as prescribed in this subdivision (e)(1). (2) The investigative panel shall act on the disciplinary counsel's recommendation within ten (10) days of its receipt. The investigative panel may adopt, reject, or modify the recommendation of the disciplinary counsel. If the investigative panel finds a violation for which the imposition of a sanction is not warranted, it may dismiss the complaint. If the investigative panel finds that there is reasonable cause to believe the judge committed a judicial offense: (A) It may direct the disciplinary counsel to file formal charges; (B) (i) It may propose any, or any combination, of the following to the judge: (a) Private reprimand; (b) Deferred discipline agreement; (c) Public reprimand; or (d) Any other sanction authorized under § 17-5-301(f)(1) ; and (ii) If the judge consents, the investigative panel shall impose the sanction or implement the deferred sanction agreement; or (C) If the judge does not consent to the proposed sanction or the deferred discipline agreement, the investigative panel may direct the disciplinary counsel to either file formal charges or dismiss the complaint.
(1) The disciplinary counsel shall complete its investigation within thirty-five (35) days of being authorized by the investigative panel. The disciplinary counsel shall notify the investigative panel of disciplinary counsel's recommendation within seven (7) days of completion of the disciplinary counsel's investigation. The disciplinary counsel may recommend to the investigative panel any, or any combination, of the following: (A) Dismissal; (B) Private reprimand, deferred discipline agreement, public reprimand, or any other sanction authorized under § 17-5-301(f)(1) ; (C) The filing of formal charges; (D) Referral to an appropriate agency; or (E) A stay of the thirty-five-day period for completing the investigation as prescribed in this subdivision (e)(1).
(A) Dismissal;
(B) Private reprimand, deferred discipline agreement, public reprimand, or any other sanction authorized under § 17-5-301(f)(1) ;
(C) The filing of formal charges;
(D) Referral to an appropriate agency; or
(E) A stay of the thirty-five-day period for completing the investigation as prescribed in this subdivision (e)(1).
(2) The investigative panel shall act on the disciplinary counsel's recommendation within ten (10) days of its receipt. The investigative panel may adopt, reject, or modify the recommendation of the disciplinary counsel. If the investigative panel finds a violation for which the imposition of a sanction is not warranted, it may dismiss the complaint. If the investigative panel finds that there is reasonable cause to believe the judge committed a judicial offense: (A) It may direct the disciplinary counsel to file formal charges; (B) (i) It may propose any, or any combination, of the following to the judge: (a) Private reprimand; (b) Deferred discipline agreement; (c) Public reprimand; or (d) Any other sanction authorized under § 17-5-301(f)(1) ; and (ii) If the judge consents, the investigative panel shall impose the sanction or implement the deferred sanction agreement; or (C) If the judge does not consent to the proposed sanction or the deferred discipline agreement, the investigative panel may direct the disciplinary counsel to either file formal charges or dismiss the complaint.
(A) It may direct the disciplinary counsel to file formal charges;
(B) (i) It may propose any, or any combination, of the following to the judge: (a) Private reprimand; (b) Deferred discipline agreement; (c) Public reprimand; or (d) Any other sanction authorized under § 17-5-301(f)(1) ; and (ii) If the judge consents, the investigative panel shall impose the sanction or implement the deferred sanction agreement; or
(i) It may propose any, or any combination, of the following to the judge: (a) Private reprimand; (b) Deferred discipline agreement; (c) Public reprimand; or (d) Any other sanction authorized under § 17-5-301(f)(1) ; and
(a) Private reprimand;
(b) Deferred discipline agreement;
(c) Public reprimand; or
(d) Any other sanction authorized under § 17-5-301(f)(1) ; and
(ii) If the judge consents, the investigative panel shall impose the sanction or implement the deferred sanction agreement; or
(C) If the judge does not consent to the proposed sanction or the deferred discipline agreement, the investigative panel may direct the disciplinary counsel to either file formal charges or dismiss the complaint.
(f) If the investigative panel finds there is reasonable cause to believe the judge committed a judicial offense, and the investigative panel directs the disciplinary counsel to file a formal charge, then upon the filing of the formal charge, all records, actions, and proceedings of the board shall be subject to § 10-7-503 and title 8, chapter 44, except that the board may deliberate in private.
(g) Upon the filing of an indictment, presentment, or information charging a judge with a felony under the law of any state or under federal law, the board may immediately place the judge on interim suspension.
(h) A complaint must be filed within one (1) year of the time that the party filing the complaint knew or reasonably should have known of the alleged misconduct. When the last episode of an alleged pattern of misconduct occurs within the one-year period, all prior acts or omissions related to the alleged pattern of misconduct may be considered, except a prior act or omission for which a complaint was filed and dismissed as unfounded or frivolous without a full investigation by the board.
(i) (1) Prior to entering into a deferred discipline agreement, the investigative panel must require the judge to sign an affidavit stating that: (A) The judge consents to the recommendation of the investigative panel; (B) The consent is freely and voluntarily rendered; (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and (D) The facts set forth in the affidavit are true. (2) The affidavit must be filed with the board upon its approval by the investigative or hearing panel.
(1) Prior to entering into a deferred discipline agreement, the investigative panel must require the judge to sign an affidavit stating that: (A) The judge consents to the recommendation of the investigative panel; (B) The consent is freely and voluntarily rendered; (C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and (D) The facts set forth in the affidavit are true.
(A) The judge consents to the recommendation of the investigative panel;
(B) The consent is freely and voluntarily rendered;
(C) There is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit; and
(D) The facts set forth in the affidavit are true.
(2) The affidavit must be filed with the board upon its approval by the investigative or hearing panel.
Amended by 2024 Tenn. Acts, ch. 922,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 976, s 4, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 976, s 3, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 496, s 1, eff. 7/1/2019.
Acts 1979, ch. 356, § 13; T.C.A., § 17-813; Acts 1995, ch. 208, §§ 9, 10; 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-1-205 — TN Code / Title 17 / Chapter 1 / Section 17-1-205
Appointment of receivers
Status: in_force

The judges of the circuit courts and chancellors may also concurrently appoint receivers in vacation, whenever necessary in the proceedings of either the circuit or chancery courts, and the clerks of the courts, when required by the fiat, shall take bond with good security, from the receiver or applicant, as the case may be, for the faithful discharge of the duties of receiver. Code 1858, § 3948 (deriv. Acts 1833, ch. 47, § 1); Shan., § 5752; Code 1932, § 9948; T.C.A. (orig. ed.), § 17-110.
The judges of the circuit courts and chancellors may also concurrently appoint receivers in vacation, whenever necessary in the proceedings of either the circuit or chancery courts, and the clerks of the courts, when required by the fiat, shall take bond with good security, from the receiver or applicant, as the case may be, for the faithful discharge of the duties of receiver.
Code 1858, § 3948 (deriv. Acts 1833, ch. 47, § 1); Shan., § 5752; Code 1932, § 9948; T.C.A. (orig. ed.), § 17-110.
Tenn. Code Ann. § 17-1-105 — TN Code / Title 17 / Chapter 1 / Section 17-1-105
Practice of law prohibited - Exception for wind up of practice of newly elected or appointed judge or chancellor
Status: in_force

No judge or chancellor shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge or chancellor may have been employed as counsel previous to the judge's or chancellor's election. A newly elected or appointed judge or chancellor can practice law only in an effort to wind up the judge or chancellor's practice, ceasing to practice as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming office. Code 1858, § 3912 (deriv. Acts 1851-1852, ch. 331, § 1); Shan., § 5705; Code 1932, § 9891; T.C.A. (orig. ed.), § 17-105; Acts 2012 , ch. 789, § 3.
No judge or chancellor shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge or chancellor may have been employed as counsel previous to the judge's or chancellor's election. A newly elected or appointed judge or chancellor can practice law only in an effort to wind up the judge or chancellor's practice, ceasing to practice as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming office.
Code 1858, § 3912 (deriv. Acts 1851-1852, ch. 331, § 1); Shan., § 5705; Code 1932, § 9891; T.C.A. (orig. ed.), § 17-105; Acts 2012 , ch. 789, § 3.
Tenn. Code Ann. § 17-2-307 — TN Code / Title 17 / Chapter 2 / Section 17-2-307
Conclusion of law practice
Status: in_force

A former justice or judge who is engaged in the practice of law at the time of designation as a senior justice or judge shall conclude all legal practice as soon as practicable on a timetable approved by the chief justice. The chief justice may, if warranted, withhold the issuance of the senior justice's or judge's commission pending resolution of all or any part of the former justice's or judge's practice. Acts 1990, ch. 1025, § 7; 1993, ch. 66, § 34; 2002, ch. 639, § 8.
A former justice or judge who is engaged in the practice of law at the time of designation as a senior justice or judge shall conclude all legal practice as soon as practicable on a timetable approved by the chief justice. The chief justice may, if warranted, withhold the issuance of the senior justice's or judge's commission pending resolution of all or any part of the former justice's or judge's practice.
Acts 1990, ch. 1025, § 7; 1993, ch. 66, § 34; 2002, ch. 639, § 8.
Tenn. Code Ann. § 17-3-106 — TN Code / Title 17 / Chapter 3 / Section 17-3-106
Rules of conduct for judges
Status: in_force

The conference shall have full power and authority to prescribe rules of official conduct of all judges, the rules to be in compliance with the code of judicial ethics as promulgated by the American Bar Association but not otherwise. Acts 1953, ch. 129, § 5 (Williams, § 738.17); T.C.A. (orig. ed.), § 17-406.
The conference shall have full power and authority to prescribe rules of official conduct of all judges, the rules to be in compliance with the code of judicial ethics as promulgated by the American Bar Association but not otherwise.
Acts 1953, ch. 129, § 5 (Williams, § 738.17); T.C.A. (orig. ed.), § 17-406.
Tenn. Code Ann. § 17-3-102 — TN Code / Title 17 / Chapter 3 / Section 17-3-102
Attorney general as advisor
Status: in_force

The attorney general and reporter shall be an ex officio member of the conference and act as its legal advisor. Acts 1953, ch. 129, § 2 (Williams, § 738.14); T.C.A. (orig. ed.), § 17-402.
The attorney general and reporter shall be an ex officio member of the conference and act as its legal advisor.
Acts 1953, ch. 129, § 2 (Williams, § 738.14); T.C.A. (orig. ed.), § 17-402.
Tenn. Code Ann. § 17-2-121 — TN Code / Title 17 / Chapter 2 / Section 17-2-121
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 118,s 1, eff. 4/4/2023. Acts 1984, ch. 894, § 1; 1993, ch. 66, § 31.
Repealed by 2023 Tenn. Acts, ch. 118,s 1, eff. 4/4/2023.
Acts 1984, ch. 894, § 1; 1993, ch. 66, § 31.
Tenn. Code Ann. § 17-2-309 — TN Code / Title 17 / Chapter 2 / Section 17-2-309
Consultations regarding appointments
Status: in_force

The supreme court shall advise and consult with the chairs of the civil justice and finance, ways and means committees of the house of representatives and the judiciary and finance, ways and means committees of the senate and with the commissioner of finance and administration whenever it has reason to believe that the effective administration of justice requires the appointment of one (1) or more senior justices or judges. Amended by 2021 Tenn. Acts, ch. 64, s 17, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 28, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 797, s 13, eff. 4/14/2016. Amended by 2013 Tenn. Acts, ch. 236, s 46, eff. 4/19/2013. Acts 1990, ch. 1025, § 10; 1993, ch. 66, §§ 35, 36.
The supreme court shall advise and consult with the chairs of the civil justice and finance, ways and means committees of the house of representatives and the judiciary and finance, ways and means committees of the senate and with the commissioner of finance and administration whenever it has reason to believe that the effective administration of justice requires the appointment of one (1) or more senior justices or judges.
Amended by 2021 Tenn. Acts, ch. 64, s 17, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 28, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 797, s 13, eff. 4/14/2016.
Amended by 2013 Tenn. Acts, ch. 236, s 46, eff. 4/19/2013.
Acts 1990, ch. 1025, § 10; 1993, ch. 66, §§ 35, 36.
Tenn. Code Ann. § 17-1-201 — TN Code / Title 17 / Chapter 1 / Section 17-1-201
Attendance at court required
Status: in_force

Every judge and chancellor is required to hold the terms of courts for which the judge or chancellor is responsible at the regular times appointed by law, unless prevented by sickness of the judge or the judge's family or by some other unavoidable necessity. Code 1858, § 3937 (deriv. Acts 1853-1854, ch. 39, § 2); Shan., § 5741; Code 1932, § 9933; T.C.A. (orig. ed.), § 17-106.
Every judge and chancellor is required to hold the terms of courts for which the judge or chancellor is responsible at the regular times appointed by law, unless prevented by sickness of the judge or the judge's family or by some other unavoidable necessity.
Code 1858, § 3937 (deriv. Acts 1853-1854, ch. 39, § 2); Shan., § 5741; Code 1932, § 9933; T.C.A. (orig. ed.), § 17-106.
Tenn. Code Ann. § 17-1-203 — TN Code / Title 17 / Chapter 1 / Section 17-1-203
Powers in other districts
Status: in_force

The judges and chancellors are, notwithstanding § 17-1-102 , judges and chancellors for the state at large, and as such, may, upon interchange and upon other lawful ground, exercise the duties of office in any other judicial district in the state. Code 1858, § 3915 (deriv. Acts 1822, ch. 10, §§ 1, 2; 1826, ch. 2, § 2; 1855-1856, ch. 24); Shan., § 5708; Code 1932, § 9894; modified; T.C.A. (orig. ed.), § 17-108.
The judges and chancellors are, notwithstanding § 17-1-102 , judges and chancellors for the state at large, and as such, may, upon interchange and upon other lawful ground, exercise the duties of office in any other judicial district in the state.
Code 1858, § 3915 (deriv. Acts 1822, ch. 10, §§ 1, 2; 1826, ch. 2, § 2; 1855-1856, ch. 24); Shan., § 5708; Code 1932, § 9894; modified; T.C.A. (orig. ed.), § 17-108.
Tenn. Code Ann. § 17-1-302 — TN Code / Title 17 / Chapter 1 / Section 17-1-302
Reserved
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 528, s 8, eff. 1/28/2016. Code 1858, §§ 312-314 (deriv. Acts 1853-1854, ch. 32, § 6); Acts 1895, ch. 76, § 6; impl. am. Acts 1907, ch. 436; Shan., §§ 382-384, 6316; mod. Code 1932, §§ 638-640, 10609; Acts 1969, ch. 138, § 2; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1979, ch. 384, § 1; T.C.A. (orig. ed.), § 17-113.
Repealed by 2016 Tenn. Acts, ch. 528, s 8, eff. 1/28/2016.
Code 1858, §§ 312-314 (deriv. Acts 1853-1854, ch. 32, § 6); Acts 1895, ch. 76, § 6; impl. am. Acts 1907, ch. 436; Shan., §§ 382-384, 6316; mod. Code 1932, §§ 638-640, 10609; Acts 1969, ch. 138, § 2; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1979, ch. 384, § 1; T.C.A. (orig. ed.), § 17-113.
Tenn. Code Ann. § 17-1-304 — TN Code / Title 17 / Chapter 1 / Section 17-1-304
Powers after vacation of office
Status: in_force

(a) Whenever any trial judge vacates the office of judge for any cause whatsoever, other than the death or permanent insanity of the judge, the judge shall have and retain, as to cases pending before the judge, the trial of which has begun prior to the judge's vacation of office, all the powers in connection with the cases that the judge might have exercised therein, had the vacation of office not occurred. (b) The judge's powers in this respect shall not extend beyond sixty (60) days from the date of such vacation of office. (c) The powers shall especially include, but shall not be limited to, the right to render judgments, to hear and determine motions for new trial, to grant appeals and to approve bills of exceptions. (d) The powers may be exercised by the judge either within or without the geographical limits assigned by law to the judge. Acts 1945, ch. 21, § 1; C. Supp. 1950, § 9949.1; Acts 1973, ch. 116, § 1; T.C.A. (orig. ed.), § 17-116.
(a) Whenever any trial judge vacates the office of judge for any cause whatsoever, other than the death or permanent insanity of the judge, the judge shall have and retain, as to cases pending before the judge, the trial of which has begun prior to the judge's vacation of office, all the powers in connection with the cases that the judge might have exercised therein, had the vacation of office not occurred.
(b) The judge's powers in this respect shall not extend beyond sixty (60) days from the date of such vacation of office.
(c) The powers shall especially include, but shall not be limited to, the right to render judgments, to hear and determine motions for new trial, to grant appeals and to approve bills of exceptions.
(d) The powers may be exercised by the judge either within or without the geographical limits assigned by law to the judge.
Acts 1945, ch. 21, § 1; C. Supp. 1950, § 9949.1; Acts 1973, ch. 116, § 1; T.C.A. (orig. ed.), § 17-116.
Tenn. Code Ann. § 17-1-301 — TN Code / Title 17 / Chapter 1 / Section 17-1-301
Vacancies in office
Status: in_force

(a) If a vacancy occurs during the term of office of a judge of the supreme court, the court of appeals, or the court of criminal appeals, then the governor shall appoint a qualified person to fill the vacancy. The governor's appointee shall be confirmed and shall stand for election in a retention election in accordance with chapter 4, part 1 of this title. (b) If a vacancy occurs in the office of a chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record, the vacancy shall be filled in accordance with chapter 4, part 3 of this title. Amended by 2016 Tenn. Acts, ch. 528,s 7, eff. 1/28/2016. Acts 1870, ch. 24, § 6; 1871, ch. 128, §§ 1, 2; 1895, ch. 76, § 6; Shan., §§ 381, 6316; mod. Code 1932, §§ 637, 10609; modified; Acts 1965, ch. 289, § 1; impl. am. Acts 1967, ch. 226, § 3; 1969, ch. 138, § 1; 1979, ch. 384, § 1; T.C.A. (orig. ed.), § 17-112; Acts 1999, ch. 315, § 1; 2007, ch. 190, § 1.
(a) If a vacancy occurs during the term of office of a judge of the supreme court, the court of appeals, or the court of criminal appeals, then the governor shall appoint a qualified person to fill the vacancy. The governor's appointee shall be confirmed and shall stand for election in a retention election in accordance with chapter 4, part 1 of this title.
(b) If a vacancy occurs in the office of a chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record, the vacancy shall be filled in accordance with chapter 4, part 3 of this title.
Amended by 2016 Tenn. Acts, ch. 528,s 7, eff. 1/28/2016.
Acts 1870, ch. 24, § 6; 1871, ch. 128, §§ 1, 2; 1895, ch. 76, § 6; Shan., §§ 381, 6316; mod. Code 1932, §§ 637, 10609; modified; Acts 1965, ch. 289, § 1; impl. am. Acts 1967, ch. 226, § 3; 1969, ch. 138, § 1; 1979, ch. 384, § 1; T.C.A. (orig. ed.), § 17-112; Acts 1999, ch. 315, § 1; 2007, ch. 190, § 1.
Tenn. Code Ann. § 17-2-202 — TN Code / Title 17 / Chapter 2 / Section 17-2-202
Duty to interchange
Status: in_force

(a) Each state trial court judge has an affirmative duty to interchange if: (1) A judge has died or is unable to hold court; (2) Two (2) or more judges have agreed to a mutually convenient interchange; or (3) The chief justice of the supreme court has assigned by order a judge to another court pursuant to Tenn. Sup. Ct. R. 11. (b) A failure to comply with an interchange order of the supreme court is a judicial offense under § 17-5-301(j)(1)(B) . The chief justice shall report such failure to comply immediately to the presiding judge of the board of judicial conduct. The clerk of the supreme court shall maintain such reports for public inspection. Acts 1859-1860, ch. 105, § 3; Shan., § 5713; mod. Code 1932, § 9899; T.C.A. (orig. ed.), § 17-208; Acts 1997 , ch. 430, § 1; 2012 , ch. 789, § 5; 2012 , ch. 819, § 4.
(a) Each state trial court judge has an affirmative duty to interchange if: (1) A judge has died or is unable to hold court; (2) Two (2) or more judges have agreed to a mutually convenient interchange; or (3) The chief justice of the supreme court has assigned by order a judge to another court pursuant to Tenn. Sup. Ct. R. 11.
(1) A judge has died or is unable to hold court;
(2) Two (2) or more judges have agreed to a mutually convenient interchange; or
(3) The chief justice of the supreme court has assigned by order a judge to another court pursuant to Tenn. Sup. Ct. R. 11.
(b) A failure to comply with an interchange order of the supreme court is a judicial offense under § 17-5-301(j)(1)(B) . The chief justice shall report such failure to comply immediately to the presiding judge of the board of judicial conduct. The clerk of the supreme court shall maintain such reports for public inspection.
Acts 1859-1860, ch. 105, § 3; Shan., § 5713; mod. Code 1932, § 9899; T.C.A. (orig. ed.), § 17-208; Acts 1997 , ch. 430, § 1; 2012 , ch. 789, § 5; 2012 , ch. 819, § 4.
Tenn. Code Ann. § 17-2-208 — TN Code / Title 17 / Chapter 2 / Section 17-2-208
Interchange of general sessions and juvenile court judges
Status: in_force

Notwithstanding any other law to the contrary, judges of courts of general sessions and juvenile courts may interchange with each other whenever causes exist making an interchange necessary or for mutual convenience. The interchanging judge shall not be required to be a resident of the county of the judge for whom such judge is sitting, but must otherwise possess the same qualifications as such judge. Acts 1973, ch. 41, § 1; T.C.A., § 17-229; Acts 1997, ch. 473, § 2.
Notwithstanding any other law to the contrary, judges of courts of general sessions and juvenile courts may interchange with each other whenever causes exist making an interchange necessary or for mutual convenience. The interchanging judge shall not be required to be a resident of the county of the judge for whom such judge is sitting, but must otherwise possess the same qualifications as such judge.
Acts 1973, ch. 41, § 1; T.C.A., § 17-229; Acts 1997, ch. 473, § 2.
Tenn. Code Ann. § 17-1-102 — TN Code / Title 17 / Chapter 1 / Section 17-1-102
Residence
Status: in_force

Each judge and chancellor of a circuit, criminal or chancery court is required to reside in the judicial district or division for which the judge and chancellor is elected, and a removal from the judicial district or division creates a vacancy in the office. Code 1858, § 3914 (deriv. Acts 1809 (Sept.), ch. 49, § 7; 1835-1836, ch. 5, § 2); Shan., § 5707; Code 1932, § 9893; modified; T.C.A. (orig. ed.), § 17-102.
Each judge and chancellor of a circuit, criminal or chancery court is required to reside in the judicial district or division for which the judge and chancellor is elected, and a removal from the judicial district or division creates a vacancy in the office.
Code 1858, § 3914 (deriv. Acts 1809 (Sept.), ch. 49, § 7; 1835-1836, ch. 5, § 2); Shan., § 5707; Code 1932, § 9893; modified; T.C.A. (orig. ed.), § 17-102.