Tennessee § 17-4-101 - Appointment by governor — Length of term — Vacancy — Confirmation.

§ 17-4-101. Appointment by governor — Length of term — Vacancy — Confirmation.

The governor shall appoint a qualified person to the supreme court, the court of appeals, or the court of criminal appeals: For a full eight-year term whenever an incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals fails to file with the state election commission a written declaration of candidacy or withdraws a declaration of candidacy within the deadlines established by § 17-4-106 or is not retained in a retention election held at the end of an eight-year term; or To fill a vacancy occurring as a result of death, resignation, retirement, failure to be retained at a retention election held any time other than the end of an eight-year term, or otherwise. The governor's appointee shall not take office until the appointee has been confirmed by the general assembly by vote or by default as provided in this part. Upon notice of an impending vacancy, the process of appointment and confirmation in accordance with this part may proceed; however, a confirmed appointee shall not take office until the vacancy actually occurs. Acts 2009, ch. 517, § 1; 2016, ch. 528, § 9. Compiler's Notes. Former part 1, §§ 17-4-101 — 17-4-112 , 17-4-114 — 17-4-118 (Acts 1971, ch. 198, §§ 1-12, 14-16; impl. am. Acts 1972, ch 740, § 6; Acts 1973, ch. 265, §§ 1-7; 1974, ch. 433, § 1; 1976, ch. 712, § 1; 1982, ch. 590, § 1; T.C.A., §§ 17-701 — 17-712, 17-714 — 17-716, modified; Acts 1986, ch. 624, §§ 1-4; 1989, ch. 431, § 1; 1993, ch. 66, §§ 37, 38; 1993, ch. 196, §§ 6, 7; 1994, ch. 942, §§ 3-14, 16-20; 1999, ch. 315, §§ 2-10; 2001, ch. 459, §§ 3-8), concerning judicial selection, was repealed by Acts 2009, ch. 517, § 1, effective July 1, 2009. For provisions concerning judicial nomination, see this part. 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: “It is the declared purpose and intent of the general assembly by the passage of this chapter to:“(1) Assist the governor in finding and appointing the best qualified persons available for service on the appellate courts of this state, and to assist the electorate of this state in electing the best qualified persons to the courts;“(2) Better insulate the judges of the courts from political influence and pressure;“(3) Improve the administration of justice;“(4) Enhance the prestige of and respect for the courts by minimizing the necessity of political activities by appellate judges; and“(5) Make the courts less political.” Effective Dates. Acts 2009, ch. 517, § 6. July 1, 2009. Acts 2016, ch. 528, § 23. January 28, 2016. Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Judges, § 5. Law Reviews. A Response to Professor Fitzpatrick: The Rest of the Story (Penny J. White & Malia Reddick), 75 Tenn. L. Rev. 501 (2008). Errors, Omissions, and the Tennessee Plan (Brian T. Fitzpatrick), 39 U. Mem. L. Rev. 85 (2008). Ethical Obligations of Judges (Joe G. Riley), 23 Mem. St. U.L. Rev. 507 (1993). Modified “Missouri Plan” Passes in Legislature, 30 No. 3 Tenn. B.J. 6 (1994). Attorney General Opinions. Residency requirements for the appellate courts, OAG 94-141 (11/28/94). Comparative Legislation. Nominating commissions: Ky. Rev. Stat. Ann. § 34.010 et seq. Mo. S. Ct. R. 10.01 et seq.