2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-101 — 17-1-403) › Part 1 - QUALIFICATIONS AND SELECTION (§§ 17-1-101 — 17-1-107) › Section 17-1-106 - Judges to be lawyers - Exceptions

(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.