Tennessee § 17-2-116 - Disability of judges or chancellors.

§ 17-2-116. Disability of judges or chancellors.

When any of the judges of the circuit courts, criminal courts, other special courts or courts of general sessions, or any of the chancellors, is unable from sickness or other physical disability to attend and hold any of the courts at the time and place required by law, the governor shall appoint and commission a special judge who shall have the same qualifications as the regular judge to attend and hold such courts for and during the absence or disability of any such judges. If a judge or chancellor does not certify the disability to the governor, and the chief justice of the supreme court determines that the judge or chancellor has been and is so disabled as to prevent the judge or chancellor from carrying out the responsibilities and duties of the judge's or chancellor's office for a period of ninety (90) days or more, then the chief justice shall have the authority to certify the disability to the governor. The governor shall appoint and commission a special judge who shall have the same qualifications as the regular judge or chancellor to attend and hold court during the period of disability of any such judge or chancellor. The special judge shall serve until the chief justice certifies to the governor that the judge or chancellor is no longer disabled. In the event a judge or chancellor who is certified as disabled pursuant to this section subsequently dies or retires, any special judge or chancellor serving for the deceased or retired judge shall continue to serve until such time as the successor of the deceased or retired judge or chancellor is duly elected, qualified and installed in office in the manner provided by law, and may be a candidate for this office in the election. Code 1858, § 3927 (deriv. Acts 1835-1836, ch. 68, §§ 1, 3); Shan., § 5724; Code 1932, § 9913; Acts 1941, ch. 28, § 1; C. Supp. 1950, § 9913; Acts 1959, ch. 150, § 1; 1972, ch. 532, § 1; impl. am. Acts 1978, ch. 934, § 36; T.C.A., (orig. ed.), § 17-222; Acts 1989, ch. 153, §§ 1, 2. Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 622. Tennessee Criminal Practice and Procedure (Raybin), § 24.12. Tennessee Jurisprudence, 16 Tenn. Juris., Judges, § 2. 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. Effect of death of disabled judge on service of special judge, OAG 97-116 (9/02/97). Cited: Bedford County Hospital v. County of Bedford, 42 Tenn. App. 569, 304 S.W.2d 697, 1957 Tenn. App. LEXIS 98 (Tenn. Ct. App. 1957); La Fever v. Ware, 211 Tenn. 393, 365 S.W.2d 44, 1963 Tenn. LEXIS 358 (1963); State v. Daniel, — S.W.3d —, 2006 Tenn. Crim. App. LEXIS 834 (Tenn. Crim. App. Oct. 30, 2006).