Administration of Oaths of Office

  1. Law
  2. Tennessee Code
  3. Public Officers and Employees
  4. Eligibility, Commissions, and Oaths
  5. Administration of Oaths of Office

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  1. In all cases in which it is not otherwise provided by law, the oaths of office may be administered by any officer authorized to administer an oath. Such oaths shall be written out and subscribed by the person taking them, and shall be accompanied with the certificate of the officer administering the oaths, specifying the day and year when taken.
  2. The governor or an active or retired supreme court justice may administer the oath to a supreme court justice. The governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to an inferior court judge. Except as otherwise provided by law, the governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to any elected or appointed official.
  3. The oath may be administered at any time after an appointment, in the case of appointed officials, or in the case of elected officials after the election, but before the judge or public official assumes office, so long as the results of the election establishing that the person taking the oath won the election are certified by the appropriate legal authority. Even though an official may file an oath before the scheduled start of a term of office, the official may not take office until the term officially begins.

Code 1858, § 753; Shan., § 1074; Code 1932, § 1816; Acts 1973, ch. 66, § 1; T.C.A. (orig. ed.), § 8-1807; Acts 2003, ch. 5, §§ 1, 2; 2009, ch. 172, § 1; 2015, ch. 38, § 2.

Compiler's Notes. For the Preamble to the act concerning legislative intent, please refer to Acts 2015, ch. 38.

Cross-References. Attorney general and reporter, oath of assistants, §8-6-103.

Chain bearers, oath, §8-12-106.

Commissioners of the poor, oath, §71-5-2202.

Comptroller of the treasury, oath, §8-4-104.

Constable, oath, §8-10-108.

Coroner's oath, §8-9-104.

Notary's oath, §8-16-105.

Oath of temporary appointees to fill military service vacancies, §8-48-207.

Register's oath of office, §8-13-102.

Secretary of state, oath, §8-3-103.

Sheriff's oath, §8-8-104.

State treasurer, oath, §8-5-104.

Surveyor's oath of office, §8-12-102.

Trustee's oath, §8-11-102.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Public Officers, § 4.

Attorney General Opinions. General authority of judges of general sessions to administer oaths is not limited by T.C.A. §§8-18-107,8-18-109(b) or17-1-105, OAG 03-043, 2003 Tenn. AG LEXIS 48 (4/15/03).


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