reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-105 - Special judges for appellate courts

In case of the incompetency, sickness or other disability of any judge of the court of appeals or court of criminal appeals, the governor shall have the power to commission a person to fill the vacancy during the incompetency, sickness or other disability of the judge, and the person so appointed shall be paid the same salary for the time served and receive the same expense allowance as that allowed the regular judge.
Acts 1895, ch. 76, § 7; Shan., § 6317; mod. Code 1932, § 10610; Acts 1961, ch. 231, § 1; impl. am. Acts 1967, ch. 226, § 1; T.C.A. (orig. ed.), § 17-205.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-106 - Compensation of special supreme court judge

Special judges of the supreme court shall in all cases be paid the same salary for the time served and receive the same expense allowance as are allowed the regular judges.
Code 1858, § 3930 (deriv. Acts 1835-1836, ch. 68, § 2); Acts 1895, ch. 76, § 7; Shan., § 5729; mod. Code 1932, § 9918; Acts 1961, ch. 231, § 2; T.C.A. (orig. ed.), § 17-206.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-107 - General sessions judges

The provisions of this chapter in relation to the incompetency of judges and chancellors, and to the disposition of causes in which they are incompetent, shall equally apply to judges of the courts of general sessions, and the judges may interchange with each other when necessary for the dispatch of business.
Code 1858, § 3925; Shan., § 5722; Code 1932, § 9908; modified; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 17-213.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-109 - Special judge by judicial appointments

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-110 - Special judge assigned by chief justice upon certification

(a)
When any chancellor or circuit, criminal or appellate judge is, for any reason, unable to try the docket in any court of the chancellor's or judge's division or circuit, the chancellor or judge shall certify to the chief justice of the supreme court the fact of the inability, with a request that the chief justice assign some other chancellor, circuit, criminal or appellate judge to hear the case or cases that the chancellor or judge is unable to hear and decide.
(b)
It is the duty of the chief justice to designate some other chancellor or circuit or criminal judge who is not or will not be engaged in hearing causes in that chancellor's or judge's own division or circuit to repair to the place where the case or cases mentioned in subsection (a) are to be heard, and hear and decide the case or cases in all respects as if the chancellor or judge were the duly elected judge of that division or circuit.
(c)
It shall be no objection to the authority of the assigned chancellor or judge that the regular chancellor or judge is engaged in the hearing of causes in the same or another county of the same division or circuit.
Acts 1919, ch. 166, § 1; Shan. Supp., § 5917a3; Code 1932, § 9929; T.C.A. (orig. ed.), § 17-216; Acts 1987, ch. 65, § 2.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-111 - Expenses of assigned judge or chancellor

The expenses of the chancellor, judge or appellate judge who serves as assigned by the chief justice under §
17-2-109
or §
17-2-110
, or the retired judge designated or assigned in accordance with §
16-3-502(3)(B)
, shall be certified by the chancellor, judge, appellate judge or retired judge pursuant to policies and guidelines promulgated by the supreme court. The expenses shall be paid in addition to the regular salary of the judge.
Acts 1919, ch. 166, § 2; Shan Supp., § 5917a4; mod. Code 1932, § 9930; impl. am. Acts 1937, ch. 33, § 24; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 17-217; Acts 1987, ch. 65, § 3; 1993, ch. 196, § 3.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-112 - Transfers from chancery to circuit court because of incompetency

When any chancellor is incompetent to try any cause in the court for which the chancellor is responsible, a circuit judge may hear and determine the cause as chancellor, for which purpose the clerk of the chancery court shall bring before the chancellor all the papers in the cause, and the necessary entries shall be made on the minutes of the chancery court, and signed by the circuit judge presiding.
Code 1858, § 3922 (deriv. Acts 1843-1844, ch. 126, § 1); Shan., § 5718; Code 1932, § 9904; T.C.A. (orig. ed), § 17-218; Acts 2012, ch. 789, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-113 - Circuit judge acting as chancellor

Any circuit judge may also during the sittings of a chancery court, upon notification of a cause in which the chancellor is incompetent, as provided in §
17-2-112
, take the place of the chancellor on the bench and hear and determine the cause as chancellor, the necessary entry being made on the minutes of the court and signed by the circuit judge.
Code 1858, § 3923 (deriv. Acts 1843-1844, ch. 126, § 1; 1855-1856, ch. 24); Shan., § 5719; Code 1932, § 9905; T.C.A. (orig. ed.) § 17-219.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-115 - Certification of incompetency to governor

When any judge of any circuit court, criminal court, or chancellor, or judge or chancellor of any special court of equal dignity with circuit or chancery court, certifies to the governor that the judge or chancellor is incompetent to hold the judge's or chancellor's court, or to try any cause or causes pending in the judge's or chancellor's court, the governor shall appoint some person learned in the law and constitutionally qualified to discharge the duties of the office of judge or chancellor, to hold the court or try the cause or causes.
Acts 1871, ch. 128, § 4; Shan., § 5734; Code 1932, § 9923; T.C.A. (orig. ed.), § 17-221.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-116 - Disability of judges or chancellors

(a)
(1)
When any of the judges of the circuit courts, criminal courts, other special courts or courts of general sessions, or any of the chancellors, is unable from sickness or other physical disability to attend and hold any of the courts at the time and place required by law, the governor shall appoint and commission a special judge who shall have the same qualifications as the regular judge to attend and hold such courts for and during the absence or disability of any such judges.
(2)
If a judge or chancellor does not certify the disability to the governor, and the chief justice of the supreme court determines that the judge or chancellor has been and is so disabled as to prevent the judge or chancellor from carrying out the responsibilities and duties of the judge's or chancellor's office for a period of ninety (90) days or more, then the chief justice shall have the authority to certify the disability to the governor. The governor shall appoint and commission a special judge who shall have the same qualifications as the regular judge or chancellor to attend and hold court during the period of disability of any such judge or chancellor. The special judge shall serve until the chief justice certifies to the governor that the judge or chancellor is no longer disabled.
(b)
In the event a judge or chancellor who is certified as disabled pursuant to this section subsequently dies or retires, any special judge or chancellor serving for the deceased or retired judge shall continue to serve until such time as the successor of the deceased or retired judge or chancellor is duly elected, qualified and installed in office in the manner provided by law, and may be a candidate for this office in the election.
Code 1858, § 3927 (deriv. Acts 1835-1836, ch. 68, §§ 1, 3); Shan., § 5724; Code 1932, § 9913; Acts 1941, ch. 28, § 1; C. Supp. 1950, § 9913; Acts 1959, ch. 150, § 1; 1972, ch. 532, § 1; impl. am. Acts 1978, ch. 934, § 36; T.C.A., (orig. ed.), § 17-222; Acts 1989, ch. 153, §§ 1, 2.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-117 - Powers of special judges or chancellors

(a)
The person appointed and commissioned pursuant to §
17-2-116
shall have all the power and authority of the regular judge or chancellor in whose place the person is appointed, shall draw the same salary, have the same emoluments of office and shall continue to hold the courts and exercise the duties of the office, including the power to appoint a secretary at the same salary and under the same provisions as the regular judge or chancellor may have, which shall be in lieu of the secretarial help to which the regular judge or chancellor is entitled, until the regular judge recovers from the sickness or disability and appears on the first day of the term for the purposes of resuming the functions of judge or chancellor.
(b)
Nothing in subsection (a) shall be construed to empower the special chancellor to appoint the clerks and masters of the chancery courts, which appointive power shall remain with the regular chancellor.
Code 1858, § 3928 (deriv. Acts 1835-1836, ch. 68, §§ 1, 3); Shan., § 5726; Code 1932, § 9915; Acts 1959, ch. 150, § 1; T.C.A. (orig. ed.), § 17-223.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-118 - Substitute judges

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-119 - Contested elections - Temporary judge

The governor shall appoint a temporary judge, chancellor or district attorney general in all cases where a contest arises in the election of any of those officers, and they shall hold the offices, and have all the powers and jurisdiction pertaining to the offices, until the contest is judicially determined and the regularly elected officers are duly qualified and commissioned; and they are clothed with the same power, and shall receive the same compensation, as is allowed the officer in other cases, to be paid out of the state treasury upon a warrant of the commissioner of finance and administration.
Acts 1870-1871, ch. 73; Shan., § 5733; Code 1932, § 9922; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 17-226; modified.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-120 - Oath of special judge

Every special judge, before entering on the duties of the judge's appointment, shall take an oath before the clerk of the court to support the constitution of the United States and the constitution of Tennessee, and also the following oath of office: "I, A B, solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge all the duties incumbent upon me as a judge to the best of my abilities."
Acts 1870, ch. 78, § 2; Shan., § 5731; Code 1932, § 9920; T.C.A. (orig. ed.), § 17-227.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-121 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 118,s 1, eff. 4/4/2023.
Acts 1984, ch. 894, § 1; 1993, ch. 66, § 31.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 1 - SPECIAL JUDGES (§§ 17-2-101 — 17-2-123) › Section 17-2-122 - Failure of judge to attend - Selection of special judge

(a)
Notwithstanding §
16-15-209
or §
17-2-109
or any other relevant provision to the contrary, a judge shall have the authority to appoint a special judge as provided in this section.
(b)
Sections
16-15-209
and
17-2-109
and any other relevant provision shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge an officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to their duties as judicial officer.
Acts 1997, ch. 473, § 6; 2009, ch. 235, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 2 - INTERCHANGE (§§ 17-2-201 — 17-2-209) › Section 17-2-201 - Purpose

The purpose of this part is to ensure that existing judicial resources are utilized to the fullest extent and that no additional judicial resources are created until uniform caseload statistics are developed that will establish a priority for the need for additional judges.
Acts 1997, ch. 430, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 2 - INTERCHANGE (§§ 17-2-201 — 17-2-209) › Section 17-2-202 - Duty to interchange

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 2 - INTERCHANGE (§§ 17-2-201 — 17-2-209) › Section 17-2-206 - Powers on interchange

In all such cases, the judge or chancellor holding court in the circuit or division of another, shall have the same power and jurisdiction as the judge or chancellor in whose place the judge or chancellor is acting.
Code 1858, § 3918 (deriv. Acts 1835-1836, ch. 20, § 2); Shan., § 5711; Code 1932, § 9897; T.C.A. (orig. ed.), § 17-212.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 2 - INTERCHANGE (§§ 17-2-201 — 17-2-209) › Section 17-2-207 - Interchange by special judges

A person appointed and commissioned under §§
17-2-116
and
17-2-117
shall have the same power to interchange with other judges and chancellors as the regular official in whose place the person is appointed and commissioned to act.
Code 1858, § 3929; Shan., § 5727; Code 1932, § 9916; Acts 1959, ch. 150, § 1; T.C.A. (orig. ed.), § 17-224.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 2 - INTERCHANGE (§§ 17-2-201 — 17-2-209) › Section 17-2-208 - Interchange of general sessions and juvenile court judges

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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 2 - INTERCHANGE (§§ 17-2-201 — 17-2-209) › Section 17-2-209 - Interchange in certain divorce actions

(a)
In counties with a population of over seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census, the general sessions judges may sit by interchange as a circuit court judge or chancellor for the exclusive purpose of hearing and deciding uncontested and irreconcilable differences in divorce cases.
(b)
When the circuit court clerk or clerk and master determines that a pending divorce action is uncontested as to all material facts or issues, or when the clerk determines that the ground relied upon in a pending divorce action is irreconcilable differences between the parties pursuant to §
36-4-101
, the clerk may so certify such determinations to the circuit court judge or chancellor.
(c)
The circuit court judge or chancellor may designate that a general sessions judge sit by interchange to hear and decide any divorce action determined by the clerk to be uncontested or based upon irreconcilable differences. Any decree entered by a general sessions judge sitting by interchange pursuant to this section shall be considered a decree of the circuit or chancery court and any petitions for modification of the decree shall be filed in the circuit or chancery court. All appeals from the decision of a general sessions judge sitting by interchange pursuant to this section shall be taken in the same manner as if the circuit judge or chancellor rendered the decision.
Acts 1982, ch. 696, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-301 - Short title

This part shall be known and may be cited as the "Senior Judge Enabling Act of 1990."
Acts 1990, ch. 1025, § 1.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-302 - Requests for senior designation

(a)
Any former supreme court justice, judge of an intermediate appellate court or judge of a state court of record who has at least eight (8) years of creditable service as a state justice or judge may request to be designated as a senior justice or judge.
(b)
Requests for senior designation shall be filed with the administrative director of the courts and shall be accompanied by:
(1)
Evidence that the justice or judge does not suffer from a permanent physical or mental disability that would substantially interfere with the performance of the justice's or judge's duties;
(2)
A written agreement that the justice or judge will not engage in the practice of law while serving as a senior justice or judge;
(3)
A written agreement that the justice or judge will be available to perform judicial duties for at least an aggregate period of thirty (30) weeks out of each successive twelve-month period;
(4)
A written agreement that the justice or judge will continue to file the disclosure statements required by title 8, chapter 50, part 5 during the justice's or judge's tenure as a senior justice or judge;
(5)
A written agreement that the justice or judge will abide by the code of judicial conduct; and
(6)
A duly executed oath of office, taken in the manner prescribed in §
17-1-104
, stating:
"I, ______________, do solemnly swear that I will support the Constitution of the United States and the Constitution of Tennessee, and that I will administer justice without respect of persons and impartially discharge to the best of my ability all the duties of the office of senior justice (or judge) of the state of Tennessee on which I am about to enter."
Acts 1990, ch. 1025, § 2; 1993, ch. 66, § 32; 1999, ch. 86, § 1; 2002, ch. 639, §§ 1, 2.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-303 - Issuance of commission - Term

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-304 - Assignment - Powers, duties and immunities

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-306 - Termination of senior status

(a)
Certification as a senior justice or judge shall terminate upon the expiration of the commission issued by the supreme court, except that the certification shall terminate earlier when any of the following occurs:
(1)
The senior justice or judge requests termination of the status;
(2)
The board of judicial conduct so orders;
(3)
The senior justice or judge declines more than three (3) assignments pursuant to §
17-2-304(a)
without good cause within any calendar year; or
(4)
The supreme court, after affording the senior justice or judge notice and an opportunity to respond, determines that the senior justice or judge has failed to meet or to abide by any of the requirements of §
17-2-302(b)
. Senior justices or judges aggrieved by the supreme court's decision shall have the right to request that the decision be reviewed by the board of judicial conduct. After reviewing the supreme court's decision, the board of judicial conduct shall state its findings and may make recommendations to the supreme court.
(b)
Termination of senior status for any reason shall not affect the amount of any retirement or other benefit to which the senior justice or judge would be otherwise entitled.
Acts 1990, ch. 1025, § 6; 2012, ch. 819, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-307 - Conclusion of law practice

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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-308 - Provisions of part supplemental

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 2 - SPECIAL JUDGES AND INTERCHANGE (§§ 17-2-101 — 17-2-309) › Part 3 - SENIOR JUDGE ENABLING ACT (§§ 17-2-301 — 17-2-309) › Section 17-2-309 - Consultations regarding appointments

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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 1 - JUDICIAL CONFERENCES (§§ 17-3-101 — 17-3-107) › Section 17-3-101 - Creation - Membership

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 1 - JUDICIAL CONFERENCES (§§ 17-3-101 — 17-3-107) › Section 17-3-102 - Attorney general as advisor

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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 1 - JUDICIAL CONFERENCES (§§ 17-3-101 — 17-3-107) › Section 17-3-103 - Officers - Executive committee - Expenses

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 1 - JUDICIAL CONFERENCES (§§ 17-3-101 — 17-3-107) › Section 17-3-104 - Annual meetings

(a)
The conference shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its several members, to the end that there shall be a more prompt and efficient administration of justice in the courts of this state.
(b)
The conference shall set the time and place of each annual meeting.
Acts 1953, ch. 129, §§ 3, 6 (Williams, §§ 738.15, 738.18); modified; T.C.A. (orig. ed.), § 17-404.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 1 - JUDICIAL CONFERENCES (§§ 17-3-101 — 17-3-107) › Section 17-3-105 - Duty of members to attend - Exception - Expenses

(a)
It is the official duty of each member of the conference, with the exception of retired judges, to attend its annual meetings unless otherwise officially engaged or for other good and sufficient reasons.
(b)
Every member shall be entitled to have the member's expenses paid for attendance. The expenses shall be paid pursuant to policies and guidelines promulgated by the supreme court.
Amended by 2017 Tenn. Acts, ch. 131,s 1, eff. 4/17/2017.
Acts 1953, ch. 129, § 7 (Williams, § 738.19); 1957, ch. 392, § 2; T.C.A. (orig. ed.), § 17-405; Acts 1983, ch. 380, § 1; 1993, ch. 196, § 5.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 1 - JUDICIAL CONFERENCES (§§ 17-3-101 — 17-3-107) › Section 17-3-106 - Rules of conduct for judges

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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 1 - JUDICIAL CONFERENCES (§§ 17-3-101 — 17-3-107) › Section 17-3-107 - Crime suppression recommendations

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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 2 - GENERAL SESSIONS JUDGES CONFERENCE (§§ 17-3-201 — 17-3-204) › Section 17-3-201 - Creation - Membership

(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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 2 - GENERAL SESSIONS JUDGES CONFERENCE (§§ 17-3-201 — 17-3-204) › Section 17-3-202 - Adoption of rules - Bylaws - Officers

The Tennessee general sessions judges conference is authorized to adopt and, from time to time, amend rules, regulations or bylaws that it considers necessary for the conduct of its affairs. The rules, regulations or bylaws may provide for officers that the conference considers advisable, for the method of selection of the officers, for the selection of a time and place within the state for annual meetings of the conference, and for other matters consistent with the general laws of the state that the conference chooses.
Acts 1970, ch. 399, § 2; T.C.A., § 17-602.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 2 - GENERAL SESSIONS JUDGES CONFERENCE (§§ 17-3-201 — 17-3-204) › Section 17-3-203 - Annual meeting

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.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 2 - GENERAL SESSIONS JUDGES CONFERENCE (§§ 17-3-201 — 17-3-204) › Section 17-3-204 - Duty to attend - Expenses

(a)
It is the official duty of each member of the conference to attend the annual meeting unless unable to do so because of physical incapacity.
(b)
Each member shall be compensated for the member's actual expenses in attending the annual meeting. The expenses shall be paid upon a verified statement of expenses being filed with the county mayor by any member incurring the expenses. Expenses shall be paid by the trustee upon warrant of the county mayor from the general fund of the county in which the member serves as judge.
Acts 1970, ch. 399, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 17-604; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 3 - CONFERENCES (§§ 17-3-101 — 17-3-301) › Part 3 - MUNICIPAL JUDGES CONFERENCE (§ 17-3-301) › Section 17-3-301 - Creation - Authority - Annual meeting

(a)
There is created the Tennessee municipal judges conference, which shall be the official organization of the municipal judges in this state. The membership of the conference shall consist of all judges of municipal courts in the state. The judges shall annually elect a board of governors for the conference.
(b)
The Tennessee municipal judges conference is authorized to adopt and, from time to time, amend rules or bylaws that it deems necessary or prudent for the conduct of its affairs. The rules or bylaws shall provide for membership on the board of governors that the conference considers advisable, for the selection of a time and place within the state for annual meetings of the conference, and for other matters consistent with the general laws of the state that the conference chooses.
(c)
The conference shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the municipal courts in this state. The annual meeting shall provide educational seminars or training for the membership in addition to the business sessions.
(d)
(1)
It is the official duty of each member of the conference to attend the annual meeting unless unable to do so because of physical incapacity.
(2)
Each member shall be compensated for the member's reasonable expenses in attending the annual meeting. The expenses shall be paid upon a verified statement of expenses being filed with the administrative office of the courts (AOC) by any member incurring such expenses. Expenses shall be paid by the AOC from funds received pursuant to §
16-18-304(a)
for training and continuing education courses for municipal court judges. If the designated account fails to accrue sufficient funds to defray the expenses incurred, the member's municipality is responsible for payment of the expenses.
Amended by 2018 Tenn. Acts, ch. 620,Secs.s1, s2 eff. 4/2/2018.
Acts 2004, ch. 914, § 4.
2023 Tennessee Code › Title 17 - JUDGES AND CHANCELLORS (§§ 17-1-101 — 17-5-311) › Chapter 4 - JUDICIAL NOMINATION AND PERFORMANCE EVALUATION (§§ 17-4-101 — 17-4-311) › Part 1 - JUDICIAL NOMINATION (§§ 17-4-101 — 17-4-106) › Section 17-4-101 - Appointment by governor - Length of term - Vacancy - Confirmation

(a)
The governor shall appoint a qualified person to the supreme court, the court of appeals, or the court of criminal appeals:
(1)
For a full eight-year term whenever an incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals fails to file with the state election commission a written declaration of candidacy or withdraws a declaration of candidacy within the deadlines established by §
17-4-106
or is not retained in a retention election held at the end of an eight-year term; or
(2)
To fill a vacancy occurring as a result of death, resignation, retirement, failure to be retained at a retention election held any time other than the end of an eight-year term, or otherwise.
(b)
The governor's appointee shall not take office until the appointee has been confirmed by the general assembly by vote or by default as provided in this part.
(c)
Upon notice of an impending vacancy, the process of appointment and confirmation in accordance with this part may proceed; however, a confirmed appointee shall not take office until the vacancy actually occurs.
Amended by 2016 Tenn. Acts, ch. 528,s 9, eff. 1/28/2016.
Acts 2009, ch. 517, § 1.