Tennessee § 6-21-501 - City judges — Jurisdiction — Qualifications and compensation — Elections — Temporary replacement.

§ 6-21-501. City judges — Jurisdiction — Qualifications and compensation — Elections — Temporary replacement.

There shall be a city court presided over by a city judge. The board of commissioners may appoint a city judge who shall serve at the will of the board. The city judge shall have such qualifications and receive such compensation as the board may provide by ordinance. At the regular general election in August 1990, the candidate for city judge who receives the highest number of votes shall be elected to the position of city judge for a term of eight (8) years and shall be a licensed attorney authorized to practice in the courts of this state. The city judge shall be not less than thirty (30) years of age and shall be a resident of the county within which the city lies. The city judge shall receive such compensation as the board by ordinance may establish; provided, that such compensation shall not be altered for the term for which the city judge is elected. All fees shall be paid into the treasury of the city and are not to be considered as part of the compensation of the city judge. In the absence or disability of the city judge, a general sessions court judge of the county within which the city lies shall sit temporarily as city judge. Any vacancy in the office of city judge shall be filled by the board until the next regularly scheduled election is conducted. This subsection (b) is local in effect and shall become effective in a particular municipality upon the contingency of a two-thirds (2/3) vote of the legislative body of the municipality approving this subsection (b). Unless the municipality's charter provides otherwise, by the same vote, the legislative body of the municipality may revoke the approval of this subsection (b), and this subsection (b) shall become ineffective upon the end of the term of the city judge elected under this subsection (b). This subsection (b) only applies in counties having a population in excess of two hundred fifty thousand (250,000), according to the 1980 federal census or any subsequent federal census. This subsection (b) does not apply in any county having a population greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent census. This subsection (b) shall not apply in any county having a population of not less than four hundred seventy thousand (470,000) nor more than four hundred eighty thousand (480,000), according to the 1980 federal census of population or any subsequent federal census. If a city judge is unable to preside over city court for any reason, then, to the extent a general sessions court judge agrees to serve temporarily as city judge, the judge shall appoint a general sessions judge of the county within which the city lies to sit in the city judge's stead. If there is not a general sessions judge available, then the city judge shall appoint an attorney, meeting the same qualifications as a general sessions judge, to sit temporarily. Acts 1921, ch. 173, art. 9, § 1; Shan. Supp., § 1997a164; Code 1932, § 3561; Acts 1965, ch. 330, § 1; 1979, ch. 309, § 1; T.C.A. (orig. ed.), § 6-2119; Acts 1981, ch. 176, § 1; 1982, ch. 888, § 1; 1982, ch. 889, § 1; 1989, ch. 191, § 1; 1989, ch. 520, §§ 1, 2, 4-6; 1990, ch. 622, § 1; 1996, ch. 633, § 1; 2004, ch. 914, § 6b; 2011, ch. 453, § 7. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Judges, municipal, minimum salary in municipalities of over 170,000 population, § 6-56-109 . Law Reviews. Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011). Attorney General Opinions. Municipal judge serving as assistant public defender for county, OAG 98-0123, 1998 Tenn. AG LEXIS 123 (7/17/98). City courts have jurisdiction to enforce a child curfew law against a parent, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00). Cited: Elizabethton v. Carter County, 204 Tenn. 452, 321 S.W.2d 822, 1958 Tenn. LEXIS 276 (1958).