Tennessee § 17-2-118 - Substitute judges.

§ 17-2-118. Substitute judges.

If, for good cause, including, but not limited to, by reason of illness, physical incapacitation, vacation or absence from the city or judicial district on a matter related to the judge's judicial office, the judge of a state or county trial court of record is unable to hold court, the judge shall appoint a substitute judge to hold court, preside and adjudicate. A substitute judge shall possess all of the qualifications of a judge of the court in which the substitute is appointed. No substitute judge may be appointed for a period of more than three (3) days; provided, that the judge appointed pursuant to this section may finish any trial that is commenced during the period of appointment. A substitute judge appointed pursuant to this section shall have no authority to award fees except those that are statutory. A substitute judge shall not preside over a cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall plainly state that the substitute judge has not been duly elected by the citizens of the judicial district or appointed by the governor but has been appointed pursuant to this section. Further, the consent form shall include the name of the lawyer appointed as substitute judge, the judge of the court in which the substitute judge is sitting, the date for which the substitute judge was appointed and the reason for the regular judge's absence. The consent form shall be transmitted and maintained on file for public inspection at the administrative office of the courts in Nashville. Subsections (a)-(e) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge: A duly elected or appointed judge of any inferior court; or A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer. Notwithstanding subsections (a)-(e), a judge shall have the authority to appoint a substitute judge as provided in subdivision (f)(1). Acts 1870, ch. 78, §§ 1, 3, 4; Shan., §§ 5730, 5732; mod. Code 1932, §§ 9919, 9921; T.C.A., (orig. ed.), § 17-225; modified; Acts 1996, ch. 943, § 1; 1999, ch. 23, § 2; 2009, ch. 235, § 1. Compiler's Notes. Acts 2009, ch. 235, § 1 directed the code commission to change all references from “child support referee” to “child support magistrate” and all references from “juvenile referee” to “juvenile magistrate” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Amendments. The 2009 amendment substituted “child support magistrate” for “child support referee” and “juvenile magistrate” for “juvenile referee” in (f)(1)(B). Effective Dates. Acts 2009, ch. 235, § 2. May 20, 2009. Rule Reference. This section is referred to in Tenn. Sup. Ct. R. 11, § VII. Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 623. Tennessee Criminal Practice and Procedure (Raybin), § 24.12. Tennessee Jurisprudence, 16 Tenn. Juris., Judges, §§ 22, 24. Law Reviews. Constitutional Law — Necessary Qualifications for Judgeships, 30 Tenn. L. Rev. 640. Attorney General Opinions. Supreme Court has no authority to prohibit use of special judges, OAG 96-127 (11/12/96). Application of limitations to retired judge, OAG 97-113 (8/14/97). Consent form requirement not applicable to retired judge assigned under § 8-36-806 , OAG 97-113 (8/14/97). Compensation for clerk and master serving as substitute judge not authorized, OAG 99-087 (4/8/99). Cited: Moore v. Love, 171 Tenn. 682, 107 S.W.2d 982, 1936 Tenn. LEXIS 101 (1937); La Fever v. Ware, 211 Tenn. 393, 365 S.W.2d 44, 1963 Tenn. LEXIS 358 (1963); State ex rel. Anglin v. Mitchell, 596 S.W.2d 779, 1980 Tenn. LEXIS 415 (Tenn. 1980); In re Valle, 31 S.W.3d 566, 2000 Tenn. App. LEXIS 107 (Tenn. Ct. App. 2000); Dep't of Children's Servs. v. Sails (In re M.A.P.), — S.W.3d —, 2009 Tenn. App. LEXIS 431 (Tenn. Ct. App. July 10, 2009); State ex rel. Creighton v. Foster, — S.W.3d —, 2011 Tenn. App. LEXIS 173 (Tenn. Ct. App. Apr. 7, 2011).