Tennessee § 17-1-106 - Judges to be lawyers — Exceptions.

§ 17-1-106. Judges to be lawyers — Exceptions.

In addition to the qualifications provided for judges by Tenn. Const. art. VI, §§ 3 and 4, judges of the supreme court, court of 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 being authorized to practice law in the courts of this state. 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 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. 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. 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. 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. 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. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 7.1, 24.10. Tennessee Jurisprudence, 16 Tenn. Juris., Judges, § 4. Law Reviews. Constitutional Law — Necessary Qualifications for Judgeships, 30 Tenn. L. Rev. 640. The Constitutional Policy That Judges Be Learned in the Law (Frederic S. Le Clercq), 47 Tenn. L. Rev. 689. Cited: Crawford v. Gilpatrick, 646 S.W.2d 433, 1983 Tenn. LEXIS 608 (Tenn. 1983); Cousin v. Sundquist, 145 F.3d 818, 1998 FED App. 171P, 1998 U.S. App. LEXIS 10796 (6th Cir. Tenn. 1998), cert. denied, 525 U.S. 1138 , 119 S. Ct. 1026 , 143 L. Ed. 2 d 37, 1999 U.S. LEXIS 1020 (U.S. Feb. 22, 1999); City of White House v. Whitley, 979 S.W.2d 262, 1998 Tenn. LEXIS 573 (Tenn. 1998).