Tennessee § 17-1-301 - Vacancies in office.

§ 17-1-301. Vacancies in office.

If a vacancy occurs during the term of office of a judge of the supreme court, the court of appeals, or the court of criminal appeals, then the governor shall appoint a qualified person to fill the vacancy. The governor's appointee shall be confirmed and shall stand for election in a retention election in accordance with chapter 4, part 1 of this title. If a vacancy occurs in the office of a chancellor, circuit court judge, criminal court judge, or judge of any other state trial court of record, the vacancy shall be filled in accordance with chapter 4, part 3 of this title. Acts 1870, ch. 24, § 6; 1871, ch. 128, §§ 1, 2; 1895, ch. 76, § 6; Shan., §§ 381, 6316; mod. Code 1932, §§ 637, 10609; modified; Acts 1965, ch. 289, § 1; impl. am. Acts 1967, ch. 226, § 3; 1969, ch. 138, § 1; 1979, ch. 384, § 1; T.C.A. (orig. ed.), § 17-112; Acts 1999, ch. 315, § 1; 2007, ch. 190, § 1; 2016, ch. 528, § 7. 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 the section which read: “(a) If a vacancy occurs during the term of office of a judge of a circuit, chancery or criminal court, or any other state trial court of record, then the vacancy must be filled by the qualified voters of the judicial district at the next regular August election occurring more than thirty (30) days after the vacancy arises. For the purposes of this subsection (a), a vacancy shall be deemed to exist if, prior to September 1, the duly elected successor to any judicial office becomes ineligible as a result of death or other disqualifying event. In accordance with § 17-4-118 , the governor shall appoint a person to discharge the duties of such office until August 31 following the election.“(b) If a vacancy occurs during the term of office of a judge of the court of appeals or court of criminal appeals, then the vacancy must be filled in accordance with chapter 4 of this title, from the grand division in which the vacancy occurs.“(c) If a vacancy occurs during the term of office of a judge of the supreme court, then the vacancy must be filled in accordance with chapter 4 of this title and the requirements of Tenn. Const. art. VI, § 2.” Effective Dates. Acts 2016, ch. 528, § 23. January 28, 2016. Cross-References. Court of appeals and court of criminal appeals, vacancy, § 17-4-112 . Election to fill vacancy, § 8-18-104 . Grand divisions, title 4, ch. 1, part 2. Impeachment of judges or chancellors, title 8, ch. 46. Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Judges, § 7. 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. Attorney General Opinions. Residency requirements for the appellate courts, OAG 94-141 (11/28/94). Filling supreme court vacancy after negative retention election vote, OAG 96-117 (9/9/96). Cited: Barry v. Lauck, 45 Tenn. 588, 1868 Tenn. LEXIS 52 (1868); Gold v. Fite, 61 Tenn. 237, 1872 Tenn. LEXIS 366 (1872); La Fever v. Ware, 211 Tenn. 393, 365 S.W.2d 44, 1963 Tenn. LEXIS 358 (1963); Cornelius v. McWilliams, 641 S.W.2d 508, 1982 Tenn. App. LEXIS 494 (Tenn. Ct. App. 1982).