Tenn. Code § 17-1-106

Current through Acts 2023-2024, ch. 1069
Section 17-1-106 - Judges to be lawyers - Exceptions
(a) In addition to the qualifications provided for judges by the Constitution of Tennessee, Article VI, §§ 3 and 4, judges of the supreme court, court of appeals, court of criminal appeals, chancery courts, circuit courts, criminal courts, and courts exercising the jurisdiction imposed in one (1) or more of the chancery courts, circuit courts, or criminal courts shall be learned in the law, which must be evidenced by the judge:
(1) Being authorized to practice law in the courts of this state;
(2) Being in good standing with the board of professional responsibility; and
(3) Not having been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law within the ten (10) years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this subdivision (a)(3) does not apply to those serving in a judicial position as of October 1, 2022.
(b)
(1) This section shall not apply to courts of general sessions in counties of this state having a population according to the federal census of 1960 or any subsequent federal census as follows:

not less than

nor more than

4,000

4,500

4,700

4,800

4,900

4,950

5,100

5,200

5,250

5,300

5,900

6,000

6,250

6,300

7,250

7,300

7,800

7,825

8,000

8,400

8,400

8,500

8,500

8,600

9,500

9,571

10,600

10,700

11,500

11,511

11,512

11,525

11,850

11,900

11,900

11,950

12,170

12,200

12,500

12,600

13,000

13,500

14,300

14,400

15,400

15,500

16,100

16,200

17,000

17,500

18,000

18,500

18,800

18,850

19,000

19,100

19,100

20,000

21,000

21,100

21,450

21,500

21,500

21,600

22,200

22,300

24,200

24,240

25,500

25,600

26,950

27,000

27,650

27,700

28,600

28,650

30,400

30,500

39,100

39,200

41,550

41,600

42,150

42,200

250,000

300,000

(2) This section shall not apply to judges of the county courts nor to chairs of county courts in the various counties of this state except in those counties where such judges or chairs exercise general criminal jurisdiction normally exercised by the criminal and circuit courts, jurisdiction of purely civil cases in which a jury is provided for, except insanity proceedings and condemnation of land proceedings, and jurisdiction to hear and determine divorce cases.
(c)
(1) Notwithstanding any provision of subsection (b) to the contrary, this section shall apply to any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census.
(2) Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and shall be certified by such officer to the secretary of state.
(d) Notwithstanding any other public or private act, law or charter provision, subsection (a) shall also apply to judges of city courts of all cities of this state having a population in excess of one hundred sixty thousand (160,000), according to the federal census of 1980 or any subsequent federal census.

T.C.A. § 17-1-106

Amended by 2022 Tenn. Acts, ch. 1120, s 1, eff. 10/1/2022.
Acts 1961, ch. 283, § 1; 1965, ch. 85, § 1; 1965, ch. 336, § 1; 1973, ch. 312, § 1; 1974, ch. 521, § 1; T.C.A., § 17-119; modified; Acts 1983, ch. 180, §§ 1, 2; 1983, ch. 201, § 1.