reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-107 - Original jurisdiction

(a)
(1)
The county court has original jurisdiction in the following cases:
(A)
The probate of wills;
(B)
The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration;
(C)
All controversies in relation to the right of executorship or of administration;
(D)
The settlement of accounts of executors and administrators;
(E)
The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to the estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties;
(F)
To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603;
(G)
The appointment and removal of guardians for minors and conservators for persons adjudicated incompetent, and all controversies as to the right of guardianship and conservatorship, and the settlement of guardian and conservator accounts;
(H)
The partition, sale or division of land;
(I)
The changing of names and the legitimation of children;
(J)
The issuance of inquisitions of unsoundness of mind; and
(K)
The binding out of apprentices, and all controversies between master and apprentice.
(2)
In counties having a county judge, the county judge shall have the powers enumerated in subdivision (a)(1).
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, §§ 4201, 4202 (deriv. Acts 1797, ch. 41; 1805, ch. 2, § 1; 1815, ch. 115; 1835-1836, ch. 6, § 2; 1849-1850, ch. 27, § 1; 1849-1850, ch. 77, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 338, §§ 1, 2; 1853-1854, ch. 53, § 1); Acts 1873, ch. 64, § 1; Shan., §§ 6027, 6029; Code 1932, §§ 10225, 10227; impl. am. Acts 1951, ch. 202; Acts 1976, ch. 529, § 5; T.C.A. (orig. ed.), § 16-709; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2; 2011, ch. 47, § 14.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-108 - Distribution, partition, and sale of realty

(a)
The county court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition. The mode of procedure in those cases in the county courts shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1873, ch. 64, §§ 1, 2; Shan., § 6028; Code 1932, § 10226; T.C.A. (orig. ed.), § 16-710; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-109 - Powers necessary to jurisdiction

(a)
The county court is expressly vested, over all subjects enumerated in §§
16-16-107
and
16-16-108
, with all the power and authority necessary and proper to the exercise of the jurisdiction conferred.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4203; Shan., § 6030; Code 1932, § 10228; T.C.A. (orig. ed.), § 16-711; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-110 - Powers in sale of property

(a)
The court may, pursuant to §
16-16-109
, appoint commissioners to make sale of real or personal property, taking bond and security for the faithful performance of duty, when deemed necessary; may revise, set aside, or confirm the proceedings of the commissioners, as such other courts; render judgments or decrees upon notes and obligations taken in the progress of a cause, and relieve, upon petition, any purchaser or party, or person interested, by opening biddings, setting aside sales, or otherwise, like the circuit or chancery court in similar cases.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4205 (deriv. Acts 1849-1850, ch. 185, §§ 1, 2); Shan., § 6032; Code 1932, § 10230; T.C.A. (orig. ed.), § 16-712; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-111 - Powers after confirmation of sale

(a)
When land is sold by any order or decree of the county court, and the sale reported by the clerk and confirmed by the court, the county court shall have the same power and jurisdiction over the cause against the purchaser as the chancery court has by law, notwithstanding the sale has been reported and confirmed.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1873, ch. 88, § 2; Shan., § 6034; Code 1932, § 10231; T.C.A. (orig. ed.), § 16-713; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-112 - Enforcement of small liens

(a)
Jurisdiction is conferred upon the county court to enforce vendors' liens and foreclose mortgages upon all sums under fifty dollars ($50.00), and also to enforce all liens on all sums under fifty dollars ($50.00) in such cases as the chancery court alone would have jurisdiction if the amount were more than fifty dollars ($50.00). The rules of practice and pleading in use in the chancery court on sums above fifty dollars ($50.00) shall be adopted or followed.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1887, ch. 141, §§ 1, 2; 1889, ch. 30, § 1; Shan., §§ 6035, 6036; mod. Code 1932, §§ 10232, 10233; T.C.A. (orig. ed.), § 16-714; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-113 - Writs of possession

(a)
The county court shall have the same power to issue writs of possession to put the purchaser in possession in all cases that the chancery court has and shall be governed by the same rules.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1887, ch. 141, § 3; Shan., § 6037; Code 1932, § 10234; T.C.A. (orig. ed.), § 16-715; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-114 - Bastardy

(a)
The court has also original jurisdiction over bastardy and bastards, and general supervision of bastards.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4208 (deriv. Acts 1741, ch. 14, § 10); Shan., § 6040; Code 1932, § 10237; T.C.A. (orig. ed.), § 16-716; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-115 - Powers to exercise concurrent jurisdiction

(a)
The county court is, in cases of concurrent jurisdiction, vested with all the incidental powers belonging to or conferred by law upon the court with which its jurisdiction is concurrent, for the purpose of exercising and effectuating such jurisdiction.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4204; Shan., § 6031; Code 1932, § 10229; T.C.A. (orig. ed.), § 16-717; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-116 - Clerk

(a)
The county clerk shall be the clerk of the court held by the county judge.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4199 (deriv. Acts 1855-1856, ch. 253, § 7); Shan., § 6025; Code 1932, § 10223; T.C.A. (orig. ed.), § 16-718; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-117 - Procedure in exercising concurrent jurisdiction

(a)
The mode of procedure in the county court, where the jurisdiction is concurrent either with the circuit or chancery court, shall be as near as may be, according to the rules laid down for the conduct of similar business in those courts.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4196; Shan., § 6021; Code 1932, § 10220; T.C.A. (orig. ed.), § 16-719; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-118 - Return of process

(a)
Unless otherwise ordered by the court, all process shall be returnable to the first Monday coming five (5) days after the service of such process.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1911, ch. 3, § 2; Shan., § 6006a2; Code 1932, § 10206; T.C.A. (orig. ed.), § 16-720; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-119 - Reference of questions of fact to clerk - Designation as probate master

(a)
In the exercise of the jurisdiction conferred by §
16-16-107
, by title 33, or by [former] title 34, chapter 10, the county judge may, in the county judge's discretion, by general or special orders of reference, refer questions of fact to the county clerk, for taking of proof, either by depositions or by oral testimony, and making findings of fact with respect to the depositions or oral testimony. The county clerk or a deputy named by the county clerk may be designated as probate master and in that capacity shall have all the powers of a clerk and master in chancery.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1955, ch. 146, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; modified; T.C.A., § 16-721; Acts 2003 , ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 2 - TRANSFER OF PROBATE JURISDICTION TO CHANCERY COURT (§§ 16-16-201 — 16-16-202) › Section 16-16-202 - Construction of former statutes

All sections of Tennessee Code Annotated conferring jurisdiction in probate and related matters in the county courts, the county judge or county chair hereafter shall be construed to be applicable to the chancery court in those counties of the state to which this part applies and shall be deemed as amended accordingly. In all other counties the references are to the court having probate jurisdiction.
Acts 1980, ch. 875, § 2; T.C.A., § 16-1302; Acts 1993, ch. 241, § 26.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 17 - CITY COURTS IN HOME RULE MUNICIPALITIES (§§ 16-17-101 — 16-17-105) › Section 16-17-101 - Establishment of city courts

(a)
In each home rule municipality that does not have a city court ordained and established by the general assembly, a city court is created to try violations of municipal ordinances. The governing body of the municipality may increase the number of divisions of the court created by this subsection (a).
(b)
The governing bodies of all home-rule municipalities may also decrease the number of divisions of city courts by ordinance, but no division shall be eliminated except when a term of a city court judge expires or when a vacancy in the office of city court judge exists.
Amended by 2019 Tenn. Acts, ch. 420, s 11, eff. 5/21/2019.
Acts 1972, ch. 778, § 1; T.C.A., § 16-1201; Acts 1994, ch. 712, §1; 2003 , ch. 113, §2; 2009 , ch. 128, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 17 - CITY COURTS IN HOME RULE MUNICIPALITIES (§§ 16-17-101 — 16-17-105) › Section 16-17-102 - Judges - Appointment and election

The judge of the city court shall be appointed on the nomination of the mayor and concurred in by the city council or other legislative body, but the appointed judge shall serve only until the next general election, at which time a judge or judges will be elected.
Acts 1972, ch. 778, § 2; modified; T.C.A., §16-1202; Acts 2009 , ch. 128, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 17 - CITY COURTS IN HOME RULE MUNICIPALITIES (§§ 16-17-101 — 16-17-105) › Section 16-17-104 - Increase of divisions - Powers

In those home rule municipalities that have city courts and whose divisions have been increased by the legislative body, the new divisions have the same power as other divisions and are under the same direction and control as provided in this part and the municipality's charter.
Acts 1972, ch. 778, § 4; T.C.A., §16-1204; Acts 2009 , ch. 128, § 3.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 17 - CITY COURTS IN HOME RULE MUNICIPALITIES (§§ 16-17-101 — 16-17-105) › Section 16-17-105 - Costs - Limitation

Municipal court costs shall be set and collected in accordance with §
16-18-304
, and the litigation tax shall be levied and collected in accordance with §
16-18-305
.
Acts 1972, ch. 778, § 5; T.C.A., § 16-1205; Acts 2004, ch. 914, § 6(e)(2).
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 1 - ESTABLISHMENT OF OFFICE (§§ 16-18-101 — 16-18-102) › Section 16-18-101 - Governing body may provide for office of municipal judge

In any municipality in this state having a mayor's court or a municipal court presided over by the mayor of the municipality or the city recorder of the municipality and having no other provision for a municipal judge for the municipality, the governing body of the municipality is authorized by ordinance to provide for the office of municipal judge.
Acts 1973, ch. 330, § 1; 1975, ch. 231, § 1; T.C.A., § 17-123; modified; T.C.A., § 17-1-501.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 1 - ESTABLISHMENT OF OFFICE (§§ 16-18-101 — 16-18-102) › Section 16-18-102 - Contents of ordinance

The ordinance providing for the office of municipal judge shall provide:
(1)
That the municipal judge is vested with the judicial powers and functions of the mayor or city recorder of such municipality, and is subject to the provisions of law and the municipality's charter governing the mayor's court or the municipal court presided over by the mayor or city recorder;
(2)
For qualifications of the municipal judge;
(3)
That the municipal judge shall be appointed by the governing body of the municipality, to serve at the pleasure of the governing body;
(4)
That vacancies in the office shall be filled for the unexpired term by the governing body;
(5)
For oath of office and bonding of the municipal judge before entering upon the duties of this office;
(6)
That the cost of making the bond of the municipal judge shall be paid by the municipality;
(7)
That the salary of the municipal judge shall be fixed by the governing body before the municipal judge's appointment, and shall not be altered during the municipal judge's term of service; and
(8)
For the designation of a person to serve as judge during the absence or disability of the municipal judge.
Acts 1973, ch. 330, §§ 1, 2; 1975, ch. 231, § 1; T.C.A., § 17-123; modified; T.C.A., § 17-1-502.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 2 - POPULARLY ELECTED CITY JUDGES (§§ 16-18-201 — 16-18-207) › Section 16-18-201 - Ordinances - Election

Any incorporated city or town may by ordinance provide for the election of a city judge or judges by popular vote. The popular election of the judge or judges may be an alternative to the method provided in the charter or applicable general law provisions or in addition to that method, with one (1) or more judges being chosen under charter or applicable general law provisions and one (1) or more being chosen by popular vote pursuant to this part. In the election for city judge, only qualified voters of the city or town may vote.
Acts 1993, ch. 115, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 2 - POPULARLY ELECTED CITY JUDGES (§§ 16-18-201 — 16-18-207) › Section 16-18-202 - Qualifications

Any city judge elected by popular vote must meet the requirements established in Tenn. Const. art. VI, § 4 for judges of inferior courts.
Acts 1993, ch. 115, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 2 - POPULARLY ELECTED CITY JUDGES (§§ 16-18-201 — 16-18-207) › Section 16-18-203 - Term of office

The term of office of the city judge elected pursuant to this part shall be eight (8) years, except for any initial term that may be shorter. Once the ordinance is adopted providing for the popularly elected judge, the municipal governing body may appoint a qualified person to serve in that position until the next regular August general state election. The first city judge popularly elected pursuant to this part shall be elected at the next regular August general state election that takes place at least thirty (30) days after the ordinance is passed calling for the judge's election. The person elected at this election shall serve only until replaced by a successor to be chosen at the next regular judicial election held in accordance with the Constitution of Tennessee, Article VII, § 5. All subsequent elections for city judge pursuant to this part shall be held in accordance with the Constitution of Tennessee, Article VII, § 5.
Acts 1993, ch. 115, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 2 - POPULARLY ELECTED CITY JUDGES (§§ 16-18-201 — 16-18-207) › Section 16-18-204 - Vacancies

A vacancy in the office of the popularly elected city judge shall be filled by appointment by the governing body. The person appointed, however, may serve only until the next regular August general state election. At this election, a person shall be elected to serve any unexpired term if the full term is not to be filled at the election. In the temporary absence or inability of the city judge, the governing body shall appoint a qualified person to serve until the judge's return.
Acts 1993, ch. 115, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 2 - POPULARLY ELECTED CITY JUDGES (§§ 16-18-201 — 16-18-207) › Section 16-18-205 - Salary

(a)
The salary of the popularly elected city judge shall be established in one (1) of the following ways:
(1)
The salary may be fixed by the governing body by ordinance or resolution prior to the term of office and shall not be increased nor diminished during the term;
(2)
(A)
The salary shall be set in private act or general law charter provisions or other general law provisions applicable to the particular city or town. Present salary provisions in charters that are applicable to nonpopularly elected city judges may be used for popularly elected judges, and may be amended from time to time as long as the salary is neither increased nor diminished during the term of office;
(B)
If there is no charter or general law provision applicable to the particular city or town setting the city judge's salary, the salary of the popularly elected judge shall be as follows:
Municipalities with a populationof 100,000 or more ....................$2,000 per month.
Municipalities with a populationof 25,000 to 99,999....................1,000 per month.
Municipalities with a populationless than 25,000....................500 per month;
(C)
All populations shall be as determined by the latest federal census. This salary shall prevail until a different one is set for the city or town by charter or general law. This salary, however, may not be increased nor diminished during a term of office. The salary of the popularly elected city judge shall be paid monthly from the general fund of the city or town.
(b)
Except as otherwise provided in this section relative to the salary of the popularly elected judge, the city governing body shall set the annual budget of the city court.
Acts 1993, ch. 115, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 2 - POPULARLY ELECTED CITY JUDGES (§§ 16-18-201 — 16-18-207) › Section 16-18-207 - City court clerk - Election - Term of office - Duties - Removal - Vacancies

(a)
The municipal governing body may by ordinance require the city court clerk serving the popularly elected city judge to be elected by the voters of the city or town for a term of four (4) years. The elected clerk may be an alternative or in addition to the court clerk provided for by charter. The initial term may be a transitional term established by ordinance to make the clerk's election coincide at every other election with the election of the city judge. The elected clerk shall perform the duties set out in the charter and ordinances of the city or town for the city court clerk.
(b)
The elected clerk may be removed by the city judge:
(1)
Upon conviction of a misdemeanor in office or of a felony;
(2)
For failing to give security as required by law or ordinance;
(3)
For failing to pay over public moneys or moneys collected officially;
(4)
For incapacity, neglect of duty or misbehavior in office; or
(5)
For any other cause to which the penalty of removal is attached by law.
(c)
A vacancy in the office of the elected city court clerk may be filled temporarily by appointment by the city judge until the next regular municipal or general election. At this election, a person shall be elected to serve any unexpired term if the full term is not to be filled at the election.
(d)
If a city or town chooses to have an elected clerk but does not wish to elect a city court clerk specifically for the city or town, the clerk of the general sessions court in the county may by agreement with the city or town serve as the clerk of the city court.
Acts 1993, ch. 115, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-301 - Short title - Construction of terms

(a)
This part shall be known and may be cited as the "Municipal Court Reform Act of 2004."
(b)
As used in this part:
(1)
"Any law to the contrary" includes, but is not limited to, any conflicting provision of any general statute, local law, private act, charter provision, municipal law or municipal ordinance; and
(2)
"Municipal court" includes the city, town, mayor's, recorder's or municipal court, or other similarly functioning court, however designated, for any city, town, municipality or metropolitan government, whether the court exists pursuant to general statute, local law, private act, charter provision, municipal law, municipal ordinance or other legal authorization.
Acts 2004, ch. 914, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-303 - Administration of oaths

Notwithstanding any law to the contrary, every popularly elected or appointed judge of a municipal court is authorized to administer oaths.
Acts 2004, ch. 914, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-304 - Court costs as prescribed by municipal law or ordinance - Allocation of fees - Training and continuing education for judges and clerks - Fees when exercising concurrent general sessions court jurisdiction

(a)
Notwithstanding any law to the contrary, municipal court costs shall be set and collected in the amount prescribed by municipal law or ordinance. From such amount, one dollar ($1.00) shall be forwarded by the municipal court clerk to the state treasurer for deposit and shall be credited to the account for the administrative office of the courts (AOC) for the sole purpose of defraying the administrative director's expenses in providing training and continuing education courses for municipal court judges and municipal court clerks. The AOC shall allocate fifty percent (50%) of such funds exclusively for the purpose of providing training and continuing education for municipal court clerks. The AOC is authorized to contract with qualified persons, entities or organizations in order to provide required training or continuing education for municipal court judges. The AOC shall contract with the municipal technical advisory service of the University of Tennessee institute for public service in order to provide required training or continuing education for municipal court clerks and may contract with other qualified persons, entities or organizations to provide additional or alternate training to municipal court clerks.
(b)
Notwithstanding any law to the contrary, to the extent that a municipal court is exercising its duly conferred, concurrent general sessions court jurisdiction in a given case, this section does not apply and costs in such case shall be assessed, collected and distributed in the same manner as such costs are assessed, collected and distributed in the court of general sessions.
Acts 2004, ch. 914, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-305 - Levy of state privilege tax on litigation - Collection - Liability for failure to collect or disburse tax - Tax when exercising concurrent general sessions court jurisdiction

(a)
Notwithstanding §
67-4-602
, or any other law to the contrary, there is levied a state privilege tax on litigation of thirteen dollars and seventy-five cents ($13.75) in all cases in a municipal court. All taxes levied pursuant to this subsection (a) shall be collected in accordance with §
67-4-603
and shall be paid into the state treasury and allocated in accordance with §
67-4-606
.
(b)
There is also levied a state privilege tax on litigation of one dollar ($1.00) for each and every violation of any municipal law or ordinance governing use of a public parking space. The tax is due and shall be collected even if the offender does not appear before the court. Notwithstanding this section or any other law to the contrary, the only litigation privilege tax collected for a violation of any municipal law or ordinance governing the use of a public parking space shall be the one dollar ($1.00) litigation tax levied by this subsection (b). The revenue generated by the privilege tax levied by this subsection (b) shall be apportioned in accordance with §
67-4-606
.
(c)
Notwithstanding §
67-4-602
, or any other law to the contrary, no other state privilege tax on litigation shall be levied or collected with respect to litigation in a municipal court; provided, however, that this section shall not be construed to repeal existing authority for the levy of a municipal litigation tax, nor shall this section be construed to grant new authority for the levy of a municipal litigation tax.
(d)
Any state privilege tax imposed pursuant to this section that the clerk of the court fails to collect and pay over to the department of revenue shall be a debt of the clerk. Any clerk of the court failing or refusing to collect and pay over to the department state litigation taxes imposed pursuant to this section shall be liable for the taxes and the clerk's official bondsman shall also be liable for the taxes, and the commissioner or the commissioner's delegate may collect the amount of the tax from the clerk or the clerk's official bondsman pursuant to title 67, chapter 1, part 14.
(e)
Notwithstanding any law to the contrary, to the extent that a municipal court is exercising its duly conferred concurrent general sessions jurisdiction in a given case, this section does not apply and litigation taxes in the case shall be levied and collected in the same manner as taxes are levied and collected in the general sessions court.
(f)
For receiving and paying over all privilege taxes on litigation, the clerk of a municipal court is entitled to a commission of two percent (2%).
Acts 2004, ch. 914, § 2; 2005, ch. 429, §§ 20, 27.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-306 - Fine for contempt of municipal court

Notwithstanding any law to the contrary, contempt of a municipal court shall be punishable by fine in the amount of fifty dollars ($50.00), or such lesser amount as may be imposed in the judge's discretion.
Acts 2004, ch. 914, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-307 - Appeal of municipal court judgment - Bond

Notwithstanding any law to the contrary, any person dissatisfied with the judgment of a municipal court, in any case or cases heard and determined by the court acting pursuant to §
16-18-302(a)
, may, within ten (10) days thereafter, Sundays exclusive, appeal to the circuit court of the county, upon giving bond in the amount of two hundred fifty dollars ($250) for the person's appearance and the faithful prosecution of the appeal. As used in this section, person includes, but is not limited to, a natural person, corporation, business entity or the municipality.
Acts 2004, ch. 914, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-308 - Concurrent holding of any other office or employment

(a)
Notwithstanding any law to the contrary, a judge of a municipal court may not concurrently hold any other office or employment with the municipality. This section does not apply to any municipal official or employee who, on March 1, 2005, concurrently holds office as judge of the municipal court; provided, however, that if the official or employee either discontinues service as a municipal official or employee or discontinues service as judge of the municipal court, then the exemption granted by this section no longer applies.
(b)
Notwithstanding the provisions of subsection (a) to the contrary, if a municipal charter provides that the person who serves as judge of the municipal court shall also serve as the recorder for the municipality, then the person may concurrently hold both offices.
Acts 2004, ch. 914, § 2; 2009, ch. 505, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-310 - Clerk of municipal court - Conviction notification to Tennessee bureau of investigation

(a)
Notwithstanding any law to the contrary, at all times there shall be a person elected, appointed or otherwise designated to serve as clerk of the municipal court. Immediately upon each such election, appointment or designation, the chief administrative officer of the municipality shall promptly certify the results of the election, appointment or designation to the administrative office of the courts and shall supply such additional information concerning the clerk as required by the administrative director.
(b)
Notwithstanding any law to the contrary, the clerk of the municipal court shall maintain an accurate and detailed record and summary report of all financial transactions and affairs of the court. The record and report shall accurately reflect all disposed cases, assessments, collections, suspensions, waivers and transmittals of litigation taxes, court costs, forfeitures, fines, fees and any other receipts and disbursements. An audit of the financial records and transactions of the municipal court shall be made each year as part of any audit performed pursuant to §
6-56-105
.
(c)
The clerk of the municipal court, when exercising concurrent general sessions court jurisdiction, shall notify the Tennessee bureau of investigation by electronic submission of final disposition of criminal proceedings against a person as soon as practicable but no later than three (3) business days after final disposition of the criminal proceedings.
Amended by 2024 Tenn. Acts, ch. 554,s 3, eff. 3/11/2024.
Amended by 2023EX1 Tenn. Acts, ch. 2,s 5, eff. 9/8/2023.
Amended by 2022 Tenn. Acts, ch. 716, s 2, eff. 3/18/2022.
Acts 2004, ch. 914, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 18 - MUNICIPAL COURTS-JUDGES (§§ 16-18-101 — 16-18-312) › Part 3 - MUNICIPAL COURT REFORM ACT (§§ 16-18-301 — 16-18-312) › Section 16-18-312 - Special substitute judges - Sitting by interchange for other judges

(a)
If a municipal judge is unable to preside over municipal court for any reason, then a special substitute municipal judge shall be determined pursuant to an ordinance of the governing body of such municipal court. In the absence of such an ordinance, then the municipal judge may designate in writing, to be filed with the clerk of the municipal court, the name of a special substitute judge to hold court in the municipal judge's place and stead. The special substitute judge must meet the qualifications of a municipal judge and the special substitute judge shall take the same oath and have the same authority as the regular municipal judge to hold court for the occasion. Such appointment of a special substitute judge is effective for no more than thirty (30) days, after which a new appointment is required.
(b)
Municipal court judges and general sessions court judges are empowered to sit by interchange for other municipal court judges.
Amended by 2019 Tenn. Acts, ch. 72, s 1, eff. 7/1/2019.
Acts 2006, ch. 1004, § 5.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 19 - MENTAL HEALTH TREATMENT ACT (§§ 16-19-101 — 16-19-108) › Section 16-19-101 - Short title

This chapter is known and may be cited as the "Mental Health Treatment Act of 2022."
Added by 2022 Tenn. Acts, ch. 1071, s 1, eff. 5/25/2022.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 19 - MENTAL HEALTH TREATMENT ACT (§§ 16-19-101 — 16-19-108) › Section 16-19-102 - Legislative intent

(a)
It is the intent of the general assembly through this chapter to create programs to facilitate the implementation of new, and the continuation of existing, mental health treatment court programs in all counties within this state.
(b)
The goals of the mental health treatment court programs created under this chapter include the following:
(1)
To reduce the use of jail and prison beds and other correctional services by offenders with mental health disorders by diverting them into treatment programs;
(2)
To improve court efficiency by substituting a problem-solving model for traditional criminal court processing and linking defendants to effective treatment and supports for mental illness;
(3)
To improve the quality of life of people with severe and persistent mental illnesses and increase their participation in effective treatment;
(4)
To promote the public safety by reducing the incidence of crimes committed as a result of mental health disorders; and
(5)
To promote effective interaction and the use of resources among local criminal justice agencies and community agencies.
Added by 2022 Tenn. Acts, ch. 1071, s 1, eff. 5/25/2022.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 19 - MENTAL HEALTH TREATMENT ACT (§§ 16-19-101 — 16-19-108) › Section 16-19-103 - Definitions

As used in this chapter:
(1)
"Nonadversarial approach" means that the district attorney general and the defense attorney work together for the benefit of the mental health treatment program participants and the mental health treatment court program;
(2)
"Severe and persistent mental illness" means a diagnosis of one (1) or more qualifying mental illnesses or disorders, which shall be determined by the department of mental health and substance abuse services;
(3)
"Sexual offender" means any person who has been convicted of or charged with a sexual offense or violent sexual offense as those terms are defined in §
40-39-202
; and
(4)
"Violent offender" means a person who has been convicted of or charged with an offense, during the course of which there occurred the death of or serious bodily injury to any person.
Added by 2022 Tenn. Acts, ch. 1071, s 1, eff. 5/25/2022.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 19 - MENTAL HEALTH TREATMENT ACT (§§ 16-19-101 — 16-19-108) › Section 16-19-104 - No right of treatment conferred - Operation

(a)
This chapter creates mental health treatment court programs within the state that follows the general principles referenced in §
16-19-107
and that is approved by the department of mental health and substance abuse and established by the judge of a court in this state exercising criminal jurisdiction.
(b)
This chapter does not confer a right or an expectation of a right to treatment for an offender within the criminal justice system.
(c)
A recovery court program, including but not limited to, a veterans treatment court program or a drug court treatment program, shall operate separate and apart from a mental health treatment court program.
Added by 2022 Tenn. Acts, ch. 1071, s 1, eff. 5/25/2022.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 19 - MENTAL HEALTH TREATMENT ACT (§§ 16-19-101 — 16-19-108) › Section 16-19-105 - Administration by the department of mental health and substance abuse services

(a)
The department of mental health and substance abuse services shall administer mental health treatment court programs by:
(1)
Defining, developing, and gathering outcome measures for mental health treatment court programs relating to the purposes and goals in §
16-19-102
;
(2)
Collecting, reporting, and disseminating mental health treatment court program data;
(3)
Supporting a state mental health treatment mentor program;
(4)
Sponsoring and coordinating mental health treatment court program training;
(5)
Administering and evaluating mental health treatment court programs; and
(6)
Developing standards of operation for mental health treatment court programs to ensure that funds are allocated to meet the greatest need.
(b)
In accomplishing the tasks listed in subsection (a), the department shall consult and collaborate with the Tennessee district attorney general's conference and the public defenders conference.
Added by 2022 Tenn. Acts, ch. 1071, s 1, eff. 5/25/2022.