Tennessee § 17-4-104 - Commencement of service.

§ 17-4-104. Commencement of service.

A supreme court, court of appeals, or court of criminal appeals judge confirmed in accordance with this part shall commence service in the office to which the judge was confirmed: Upon confirmation, if the judge is confirmed to fill a vacancy for an unexpired term; September 1, if the judge is confirmed to a full eight-year term prior to the September 1 on which the term begins; or Upon confirmation, if the judge is confirmed to a full eight-year term after the eight-year term has commenced on September 1. The eight-year term of a supreme court, court of appeals, or court of criminal appeals judge confirmed after September 1 shall end on the same date as a judge confirmed on or prior to September 1. If the governor's appointee is rejected by the general assembly or is withdrawn by the governor within sixty (60) calendar days of the applicable date set out in § 17-4-103(a), then the governor shall appoint another individual for a full term or to fill a vacancy as provided in this part. Any appointee who has been rejected by the general assembly is not eligible for reappointment to the same court, until after the next regular August election occurring at least one (1) year following the appointment. Acts 2009, ch. 517, § 1; 2012, ch. 853, § 2; 2016, ch. 528, § 12. 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6, 7; 1994, ch. 942, §§ 3-14, 16-20; 1999, ch. 315, §§ 2-10; 2001, ch. 459, §§ 3-8), concerning judicial selection, was repealed by Acts 2009, ch. 517, § 1, effective July 1, 2009.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 2012 amendment added the second sentence to (a). The 2016 amendment rewrote the section which read: “(a) No member of the judicial nominating commission shall be a salaried office holder of this state or the United States, nor shall any member of the commission hold any office in any political party or political organization; provided, that members of the national guard and members of any armed forces reserve organization, any district attorney general or an employee of a district attorney general or any district public defender or an employee of a district public defender shall not be considered as salaried office holders. This subsection (a) shall not apply to the solicitor general or any employee of the attorney general and reporter, any of whom shall be eligible to serve as a member of the judicial nominating commission.“(b) Any member of the judicial nominating commission who becomes a salaried office holder of this state or the United States or who accepts any office in any political party or political organization ipso facto vacates the member's office as a member of the commission.“(c) No member of the judicial nominating commission shall be a registered employer of a lobbyist in this state or a registered lobbyist in this state. Any member of the commission who becomes a registered employer of a lobbyist or a registered lobbyist in this state ipso facto vacates the member's office as a member of the commission.” Effective Dates. Acts 2009, ch. 517, § 6. July 1, 2009. Acts 2012, ch. 853, § 5. April 27, 2012. Acts 2016, ch. 528, § 23. January 28, 2016. Attorney General Opinions. Service as University of Tennessee assistant general counsel and member of judicial selection commission, OAG 00-054 (3/23/00).