Composition — Election of Judges — Qualifications — Concurrence Necessary for Decisions

  1. Law
  2. Tennessee Code
  3. Courts
  4. Supreme Court
  5. Membership
  6. Composition — Election of Judges — Qualifications — Concurrence Necessary for Decisions

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  1. The supreme court shall consist of five (5) judges, one (1) of whom shall reside in each grand division, and no more than two (2) in the same grand division.
  2. A judge must have been a resident of the grand division from which the judge is appointed for at least one (1) year immediately preceding appointment. For purposes of this subsection (b), “resident” has the same meaning as defined in § 2-1-104.
  3. Each judge shall be at least thirty-five (35) years of age at the time of appointment, shall have been a resident of the state for at least five (5) consecutive years immediately preceding appointment, and shall be licensed to practice law in this state. For purposes of this subsection (c), “resident” has the same meaning as defined in § 2-1-104.
  4. A judge's term of office shall be eight (8) years.
  5. The concurrence of three (3) of the judges is necessary to a decision in every case.

Code 1858, § 4495 (deriv. Acts 1835-1836, ch. 3, § 1); Acts 1870, ch. 24, §§ 1, 6, 9, 10 (as mod. by Const., art. 6, §§ 2, 3); Shan., §§ 375, 6328; Code 1932, §§ 632, 10630; modified; Acts 1974, ch. 708, § 1; T.C.A., §§ 2-308, 2-3-202; T.C.A. (orig. ed.), § 16-301; Acts 2016, ch. 528, §§ 2, 3.

Compiler's Notes. For the Preamble to the act concerning an orderly procedure for the appointment, confirmation, and retention of appellate court judges as required by Tennessee Constitution, Article VI, Section 3, please refer to Acts 2016, ch. 528.

Amendments. The 2016 amendment rewrote (b) which read: “Judges of the supreme court shall be elected as follows: one (1) of the supreme court judges shall be elected from each of the three (3) grand divisions and two (2) of the supreme court judges shall be elected from the state at large. Each candidate shall reside in the grand division for which the candidate is elected and the two (2) candidates elected for the state at large shall not reside in the same grand division.”; and rewrote (c) which read: “Each judge shall be thirty-five (35) years of age and shall, before election, have been a resident of the state for five (5) years.”

Effective Dates. Acts 2016, ch. 528, § 23. January 28, 2016.

Cross-References. Composition of supreme court, Tenn. Const., art. VI, § 2.

Concurrence of supreme court judges needed for decision, Tenn. Const., art. VI, § 2.

Election of judges, §§2-3-202,17-1-103.

Grand divisions, title 4, ch.1, part 2.

Qualifications of supreme court judges, election, and term, Tenn. Const., art. VI, § 3.

Law Reviews.

The Tennessee Court System — Supreme Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 191.

Attorney General Opinions. Residency requirements for the appellate courts, OAG 94-141 (11/28/94).

Factors used to determine residency status, OAG 95-019 (3/27/95).

Comparative Legislation. Supreme Court:

Ala.  Code §12-2-1 et seq.

Ark.  Code §16-11-101 et seq.

Ga. O.C.G.A. §15-2-1 et seq.

Ky. Rev. Stat. Ann. § 21A.010 et seq.

Miss.  Code Ann. §9-3-1 et seq.

Mo. Rev. Stat. § 477.010 et seq.

N.C. Gen. Stat. § 7A-10 et seq.; § 7A-25 et seq.

Va. Code § 17-93 et seq.


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