Tennessee § 37-1-107 - Magistrates.

§ 37-1-107. Magistrates.

The judge of the juvenile court may appoint one (1) or more suitable persons to act as magistrates at the pleasure of the judge. A magistrate shall be a member of the bar and may qualify and shall hold office at the pleasure of the judge. The compensation of a magistrate shall be fixed by the judge with the approval of the county legislative body or the pertinent governing body, and paid from public funds. In any county with a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census, the child support magistrate appointed to serve the chancery court shall also serve the juvenile court. The judge may direct that any case or class of cases over which the juvenile court has jurisdiction shall be heard in the first instance by the magistrate. These cases shall be conducted in the same manner as cases heard by the judge. In the conduct of the proceedings, the magistrate shall have the powers of a judge and shall have the same authority as the judge to issue any and all process. Upon the conclusion of the hearing, the magistrate shall file an order. The magistrate shall also inform each party of the right to a hearing before the juvenile court judge, of the time limits within which a request for a hearing must be perfected, and of the manner in which to perfect the request. Any party may, within ten (10) days after entry of the magistrate's order, file a request with the court for a de novo hearing by the judge of the juvenile court. The judge shall allow a hearing if a request for hearing is filed. No later than ten (10) days after the entry of the magistrate's order, the judge may, on the judge's own initiative, order a hearing of any matter heard before a magistrate. However, if the child pleads guilty or no contest before the magistrate in a delinquency or unruly proceeding, the child waives the right to request an adjudicatory hearing before the judge and the judge may not order an adjudicatory hearing in such proceeding. If the plea includes an agreement as to disposition, the child also waives the right to request a hearing before the judge regarding disposition and the judge may not order a hearing in such proceeding. Nothing herein alters the court's jurisdiction to hear post-dispositional issues, including, but not limited to, judicial reviews or collateral challenges. There shall be no hearing in any delinquent or unruly case in which the petition is dismissed by the magistrate after a hearing on the merits. Unless the judge orders otherwise, the order of the magistrate shall be the order of the court pending the hearing. If no hearing before the judge is requested, or if the right to the hearing is expressly waived by all parties within the specified time period, the magistrate's order becomes the order of the court. A party may appeal the order pursuant to § 37-1-159. Any hearing by a magistrate on any preliminary matter shall be final and not reviewable by the judge of the juvenile court, except on the court's own initiative. The setting of bond in detention hearings and any matter that is a final adjudication of a child shall not be construed to be preliminary matters under this section and are reviewable by the judge of the juvenile court upon request or upon the court's own initiative, except as provided in this section. All parties to the hearing before the magistrate shall be parties to a de novo hearing before the judge. Acts 1975, ch. 256, §§ 2-5; 1981, ch. 458, § 1; 1983, ch. 88, § 1; 1983, ch. 254, § 2; T.C.A., § 37-207; Acts 1999, ch. 393, §§ 1, 2; 2008, ch. 646, § 1; 2009, ch. 235, § 1; 2016, ch. 716, § 1; 2019, ch. 312, § 1. Compiler's Notes. Acts 1983, ch. 254, § 5 provided that the amendment by that act shall not be construed as altering or decreasing the maximum period of eighty-four hours that a juvenile may be detained without a hearing. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2009, ch. 235, § 1 directed the code commission to revise appropriate references from “child support referees” and “juvenile referees” to “child support magistrates” and “juvenile magistrates” in the code as supplements are published and volumes are replaced. Amendments. The 2016 amendment rewrote (b) – (g), which read, “(b) The judge may direct that any case or class of cases shall be heard in the first instance by the magistrate in all cases wherein the juvenile court has jurisdiction in the manner provided for the hearing of cases by the court.“(c) A magistrate has the same authority as the judge to issue any and all process. The magistrate in the conduct of the proceedings has the powers of a trial judge.“(d) Upon the conclusion of the hearing in each case, the magistrate shall transmit to the judge all papers relating to the case, together with the magistrate's findings and recommendations in writing. Any hearing by a magistrate on any preliminary matter is final and not reviewable by the judge of the juvenile court, except on the court's own motion. The setting of bond in detention hearings and any matter that is a final adjudication of a juvenile shall not be construed to be a preliminary matter under this section and are reviewable by the judge of the juvenile court upon request or upon the court's own motion as provided in this section.“(e) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request with the court for a hearing by the judge of the juvenile court. The judge may, on the judge's own motion, order a rehearing of any matter heard before a magistrate, and shall allow a hearing if a request for such hearing is filed as herein prescribed. Unless the judge orders otherwise, the recommendation of the magistrate shall be the decree of the court pending a rehearing.“(f) In case no hearing before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the magistrate become the decree of the court when confirmed by an order of the judge. The final order of the court is, in any event, proof of such confirmation, and also of the fact that the matter was duly referred to the magistrate. A party may appeal such order pursuant to the provisions of § 37-1-159 .“(g) All prior sections governing the organization, jurisdiction, and management of juvenile courts referred to in this section, that are not in conflict with this section, remain in full force and effect, and all sections in conflict with this section are hereby repealed.” The 2019 amendment inserted the fourth through sixth sentences in (d). Effective Dates. Acts 2016, ch. 716, § 3. July 1, 2016. Acts 2019, ch. 312, § 11. May 8, 2019. Rule Reference. This section is referred to in the text of Rule 2 and in the Advisory Commission Comments of Rules 4 and 32 of the Tennessee Rules of Juvenile Procedure. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 8.2. Law Reviews. Blended Sentencing in Tennessee Courts, 44 U. Mem. L. Rev. 767 (2014). Guidelines for Juvenile Court Practice (Andrew J. Shookhoff), 19 No. 2 Tenn. B.J. 5 (1983).