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Tennessee Statutes, Title 17

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Title 17, Judges And Chancellors

5 chapters · 102 sections in this title.

All chapters in Title 17102 Ch 2, Special Judges and Interchange35 Ch 1, General Provisions21 Ch 4, Judicial Appointment and Trial Court…17 Ch 5, Board of Judicial Conduct17 Ch 3, Conferences12

102 sections·Filtered byTitle 17✕

Tenn. Code Ann. § 17-2-304 Assignment — Powers, duties and immunities
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(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 t…
Tenn. Code Ann. § 17-2-305 Compensation, benefits, quarters, personnel and expenses
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(a) (1) Senior justices and judges shall receive a salary calculated on the amount of time the senior justice or judge actually worked. The rate of payment shall be based upon the current compensation of the former office held by the senior justice or judge; provided, that where …
Tenn. Code Ann. § 17-2-306 Termination of senior status
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(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 sta…
Tenn. Code Ann. § 17-2-307 Conclusion of law practice
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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 issuanc…

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Tenn. Code Ann. § 17-2-308 Provisions of part supplemental

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(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 par…

Tenn. Code Ann. § 17-2-309 Consultations regarding appointments

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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 wh…

Tenn. Code Ann. § 17-3-101 Creation — Membership

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(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 judic…

Tenn. Code Ann. § 17-3-102 Attorney general as advisor

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The attorney general and reporter shall be an ex officio member of the conference and act as its legal advisor.

Tenn. Code Ann. § 17-3-103 Officers — Executive committee — Expenses

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(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 presi…

Tenn. Code Ann. § 17-3-104 Annual meetings

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(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 thi…

Tenn. Code Ann. § 17-3-105 Duty of members to attend — Exception — Expenses

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(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 fo…

Tenn. Code Ann. § 17-3-106 Rules of conduct for judges

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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.

Tenn. Code Ann. § 17-3-107 Crime suppression recommendations

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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 shal…

Tenn. Code Ann. § 17-3-201 Creation — Membership

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(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.

Tenn. Code Ann. § 17-3-202 Adoption of rules — Bylaws — Officers

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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 a…

Tenn. Code Ann. § 17-3-203 Annual meeting

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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 o…

Tenn. Code Ann. § 17-3-204 Duty to attend — Expenses

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(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 …

Tenn. Code Ann. § 17-3-301 Creation — Authority — Annual meeting

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(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 o…

Tenn. Code Ann. § 17-4-101 Appointment by governor — Length of term — Vacancy — Confirmation

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(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 wit…

Tenn. Code Ann. § 17-4-102 Written notice of judicial appointment by governor — Background investigations of appointees — Confirmation or rejection by general assembly

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(a) Immediately upon making an appointment to the supreme court, the court of appeals, or the court of criminal appeals, the governor shall provide written notice of the appointment to the chief clerk of the senate and the chief clerk of the house of representatives. The notice s…

Tenn. Code Ann. § 17-4-103 Legislative vote on confirmation

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(a) (1) If the general assembly is in its annual legislative session when the appointment is made, then the vote, if any, on confirmation of the governor's appointee shall occur within sixty (60) consecutive calendar days immediately following the appointment.(2) If the general a…

Tenn. Code Ann. § 17-4-104 Commencement of service

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(a) A supreme court, court of appeals, or court of criminal appeals judge confirmed in accordance with this part shall commence service in the office to which the judge was confirmed:(1) Upon confirmation, if the judge is confirmed to fill a vacancy for an unexpired term;(2) Sept…

Tenn. Code Ann. § 17-4-105 Retention elections

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(a) A judge, who has been appointed and confirmed for a full eight-year term on the supreme court, the court of appeals, or the court of criminal appeals and who takes office on September 1 at the beginning of the eight-year term or in accordance with § 17-4-104(a)(3), shall face…

Tenn. Code Ann. § 17-4-106 Written declaration of candidacy required

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(a) An incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals who seeks to be retained in the office to which the incumbent judge was appointed and confirmed must qualify by filing with the state election commission a written declaration of c…

Tenn. Code Ann. § 17-4-301 Establishment — Composition of commission — Information

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(a) There is established as a part of the judicial branch of the state a trial court vacancy commission, referred to in this part as “the commission,” that shall have jurisdiction over all trial court vacancies occurring on or after February 1, 2016. For purposes of making the in…

Tenn. Code Ann. § 17-4-302 Membership requirements

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(a) Each member of the commission shall be a citizen of the United States, shall be at least thirty (30) years of age, and shall have been a citizen of this state for at least five (5) years immediately prior to appointment. (b) Each attorney member shall be duly licensed to prac…

Tenn. Code Ann. § 17-4-303 Exclusions from membership on commission

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(a) No member of the commission shall be a salaried office holder of this state or the United States, nor shall any member of the commission hold any office in any political party or political organization; provided, that members of the national guard and members of any armed for…

Tenn. Code Ann. § 17-4-304 Start of term — Rules

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(a) The term of office of each member of the commission shall begin on February 1, 2016. (b) The commission shall have the authority to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Tenn. Code Ann. § 17-4-305 Terms generally — Eligibility for reappointment

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(a) Except as otherwise provided in § 17-4-301(b) or § 17-4-306, the term of a member of the commission shall be six (6) years. (b) Members shall be eligible for reappointment for a successive term.

Tenn. Code Ann. § 17-4-306 Vacancy filled as original appointment — Absence from meetings — Vacation of membership

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(a) A vacancy on the commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (b) A member of the commission who has four (4) unexcused absences from commission hearings during the member's term of office must vacate the m…

Tenn. Code Ann. § 17-4-307 Compensation — Reimbursement for expenses

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(a) Members of the commission shall not receive any compensation for their services but shall be reimbursed for their official travel expenses pursuant to policies and guidelines promulgated by the supreme court. (b) Subject to budgetary restrictions, the administrative office of…

Tenn. Code Ann. § 17-4-308 Vacancies — Governor's appointment of commission nominees — Requirement by governor for additional nominees — Term of judges herein appointed — Public meeting requirement — Hearings

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(a) After February 1, 2016, when a vacancy occurs in the office of chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record by death, resignation, retirement, or otherwise, the governor shall fill the vacancy by appointing one (1) o…

Tenn. Code Ann. § 17-4-309 Nominees — requirements

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All nominees of the trial court vacancy commission shall be attorneys who are duly licensed to practice law in this state and who are fully qualified under the constitution and statutes of this state to fill the office for which they are nominated.

Tenn. Code Ann. § 17-4-310 Appointment by governor when commission fails to provide list of nominees — Expiration of term

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(a) If the trial court vacancy commission does not furnish a list of three (3) nominees to the governor within sixty (60) days after receipt of written notice from the governor that a vacancy has occurred, then the governor may fill the vacancy by appointing any person who is dul…

Tenn. Code Ann. § 17-4-311 Maintenance of records by administrative office of the courts — Notification of time and place of meetings

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The administrative office of the courts shall keep and maintain all records of the trial court vacancy commission as well as furnish the commission with any other secretarial or clerical services or assistance it may require. It is further the duty of the administrative office of…

Tenn. Code Ann. § 17-5-101 Intent of chapter

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The regulation of judicial conduct is critical to preserving the integrity of the judiciary and enhancing public confidence in the judicial system. This chapter is intended to provide an orderly and efficient method for making inquiry into the physical, mental, and moral fitness …

Tenn. Code Ann. § 17-5-102 Applicability of chapter

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(a) This chapter applies to:(1) All Tennessee judges, including, but not limited to, appellate, trial, general sessions, probate, juvenile, and municipal judges, senior judges, claims commissioners, and all other judges sitting on or presiding over any court created by the genera…

Tenn. Code Ann. § 17-5-103 Liberal construction of chapter

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This chapter must be liberally construed to accomplish the declared purposes and intents set forth in this chapter.

Tenn. Code Ann. § 17-5-201 Members of board of judicial conduct — Chair and vice chair — Investigative panels and hearing panels — Promulgation of rules

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(a) As of July 1, 2019, the existing membership of the Tennessee board of judicial conduct is vacated and reconstituted to consist of sixteen (16) members as follows:(1) Two (2) current or former trial judges, to be appointed by the Tennessee trial judges association;(2) One (1) …

Tenn. Code Ann. § 17-5-202 Monthly and quarterly reports — Records retention policy

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(a) (1) By the twentieth day of each month, the board shall compile and transmit to the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate a report containing at least the following information for the previous …

Tenn. Code Ann. § 17-5-203 Notice provided to speakers

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(a) The chair of the board shall provide the speaker of the senate and the speaker of the house of representatives with the name, type of judge, judicial district, if applicable, the reason for the reprimand, and the number of previous reprimands within five (5) business days of …

Tenn. Code Ann. § 17-5-301 Powers of board — Disciplinary counsel

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(a) The board is given broad powers to investigate, hear, and determine charges sufficient to warrant sanctions or removal, and to carry out its duties in all other matters as set forth in this chapter. (b) The board is specifically authorized to administer oaths and affirmations…

Tenn. Code Ann. § 17-5-302 Investigation and action if reason to believe judge is disabled

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(a) The board is authorized, on its own motion, or pursuant to the complaint of a person having reason to believe a judge is disabled, to investigate and take appropriate action, including recommendation of removal from office, in any case in which an active judge is suffering fr…

Tenn. Code Ann. § 17-5-303 Investigations of complaints by disciplinary counsel — Recommendation by disciplinary counsel — Action by investigative panel

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(a) The disciplinary counsel shall evaluate all information coming to the disciplinary counsel's attention by complaint, upon the request of any member of the board, or from any other credible source that alleges judicial misconduct or incapacity within fourteen (14) days of the …

Tenn. Code Ann. § 17-5-304 Investigation and dismissal of groundless complaint

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If it is determined that the charges against a judge are frivolous or unfounded, or beyond the permissible scope of the board's inquiry, the matter will be closed and all documents, records, and papers pertaining to the charges must be destroyed and the board's docket must recite…

Tenn. Code Ann. § 17-5-305 Immunity of members of board, disciplinary counsel, and their staff

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Members of the board, the disciplinary counsel, and their staff are immune from civil suit for all conduct in the course of their official duties, except in cases of gross negligence or willful misconduct.

Tenn. Code Ann. § 17-5-306 Formal charges — Answer — Failure to appear — Stated sanction

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(a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses under § 17-5-301(j), or is suffering from a disability as set forth in § 17-5-302, it is the duty of dis…

Tenn. Code Ann. § 17-5-307 Hearing — Quorum — Clear and convincing evidence

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(a) The matter must be set for hearing within thirty (30) days from the date the answer is filed. The hearing is a full evidentiary hearing at which the judge is entitled to due process, including the right to be represented by counsel, the right of compulsory process to secure t…

Tenn. Code Ann. § 17-5-308 Dismissal of charges or imposition of sanctions — Findings and judgment — Moot removal recommendation

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(a) The board, acting through the hearing panel, may dismiss the charges or impose any sanction authorized in § 17-5-301(f)(1) at the conclusion of the hearing. (b) The board shall issue a formal finding of fact and opinion within thirty (30) days of the conclusion of the hearing…

Tenn. Code Ann. § 17-5-309 Appeal by aggrieved judge

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(a) The aggrieved judge or the complainant may appeal to the supreme court, pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, within fourteen (14) days from the date of entry of the judgment of the board following the conclusion of the hearing held pursuant to § …