Judicial selection in Tennessee

Judicial selection in Tennessee
Tennessee Supreme Court
Method:	Assisted appointment
Term:	8 years
Tennessee Court of Appeals
Method:	Assisted appointment
Term:	8 years
Tennessee Court of Criminal Appeals
Method:	Assisted appointment
Term:	8 years
Tennessee Chancery Courts
Method:	Partisan election and Nonpartisan election
Term:	8 years
Tennessee Criminal Court
Method:	Partisan election and Nonpartisan election
Term:	8 years
Tennessee Circuit Court
Method:	Partisan election and Nonpartisan election
Term:	8 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Tennessee, including:

• Tennessee Supreme Court,
• Tennessee Court of Appeals,
• Tennessee Court of Criminal Appeals,
• Tennessee Circuit Court
• Tennessee Criminal Court
• Tennessee Chancery Courts
• Tennessee Probate Court, and
• Limited jurisdiction courts

As of April 2023, judges and justices for all three appellate courts were appointed by the governor with help from a judicial nominating commission, approved by the legislature, and faced retention elections at the end of their terms. Trial Court judges were nominated by a mix of partisan elections and nonpartisan elections.

Click here to notify us of changes to judicial selection methods in this state.

Tennessee Supreme Court

See also: Tennessee Supreme Court

The five justices on the Tennessee Supreme Court are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee must be confirmed by the Tennessee General Assembly. Justices face retention elections at the end of their terms.^[1][2][3]

The appointment system was adjusted in 2014 with the passage of a state ballot measure titled Tennessee Judicial Selection, Amendment 2. The measure added the required confirmation by the Tennessee legislature. While Tennessee state law changed in 2014 to eliminate the judicial nominating commission and require legislative approval of the governor’s appointee, Gov. Bill Haslam’s Executive Order No. 54 and Gov. Bill Lee’s subsequent Executive Order No. 87 re-established the judicial nominating commission for appointments. Accordingly, Tennessee’s process is effectively assisted appointment with legislative confirmation.

Qualifications

To serve on this court, a judge must be:

• authorized to practice law in the state;
• a state resident for five years; and
• at least 35 years old.^[2]

Chief justice

According to the Tennessee Constitution, the justices of the supreme court select the chief justice.^[4] The chief justice serves a four-year term.

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the governor appoints a replacement justice from a list from a judicial nominating commission. The nominee must be confirmed by both chambers of the state legislature. If filling an interim vacancy, the appointee stands for retention in the next general election at least 30 days after the vacancy occurred. The retained judge serves out the remainder of the unexpired term before again running for retention to serve a full eight-year term.^[1][2] Judges are voted upon by the voters of the whole state.^[5]

The map below highlights how vacancies are filled in state supreme courts across the country.

Tennessee Court of Appeals

See also: Tennessee Court of Appeals

The twelve judges on the Tennessee Court of Appeals are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee must be confirmed by the Tennessee General Assembly. Judges face retention elections at the end of their terms.^[1][2][3]

The appointment system was adjusted in 2014 with the passage of a state ballot measure titled Tennessee Judicial Selection, Amendment 2. The measure added the required confirmation by the Tennessee legislature. While Tennessee state law changed in 2014 to eliminate the judicial nominating commission and require legislative approval of the governor’s appointee, Gov. Bill Haslam’s Executive Order No. 54 and Gov. Bill Lee’s subsequent Executive Order No. 87 re-established the judicial nominating commission for appointments. Accordingly, Tennessee’s process is effectively assisted appointment with legislative confirmation.

Qualifications

To serve this court, a judge must be:

• authorized to practice law in the state;
• a district resident;
• a state resident for five years; and
• at least 30 years old.^[2]

Vacancies

If a midterm vacancy occurs on the court, the governor appoints a replacement judge from a list from a judicial nominating commission. The nominee must be confirmed by both chambers of the state legislature. If filling an interim vacancy, the appointee stands for retention in the next general election at least 30 days after the vacancy occurred. The retained judge serves out the remainder of the unexpired term before again running for retention to serve a full eight-year term.^[1][2] Judges are voted upon by the voters of the whole state.^[5]

Tennessee Court of Criminal Appeals

See also: Tennessee Court of Criminal Appeals

The twelve judges on the Tennessee Court of Criminal Appeals are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee must be confirmed by the Tennessee General Assembly. Judges face retention elections at the end of their terms.^[1][2][3]

The appointment system was adjusted in 2014 with the passage of a state ballot measure titled Tennessee Judicial Selection, Amendment 2. The measure added the required confirmation by the Tennessee legislature. While Tennessee state law changed in 2014 to eliminate the judicial nominating commission and require legislative approval of the governor’s appointee, Gov. Bill Haslam’s Executive Order No. 54 and Gov. Bill Lee’s subsequent Executive Order No. 87 re-established the judicial nominating commission for appointments. Accordingly, Tennessee’s process is effectively assisted appointment with legislative confirmation.

Qualifications

To serve this court, a judge must be:

• authorized to practice law in the state;
• a district resident;
• a state resident for five years; and
• at least 30 years old.^[2]

Vacancies

If a midterm vacancy occurs on the court, the governor appoints a replacement judge from a list from a judicial nominating commission. The nominee must be confirmed by both chambers of the state legislature. If filling an interim vacancy, the appointee stands for retention in the next general election at least 30 days after the vacancy occurred. The retained judge serves out the remainder of the unexpired term before again running for retention to serve a full eight-year term.^[1][2] Judges are voted upon by the voters of the whole state.^[5]

Tennessee Circuit Court

See also: Tennessee Circuit Court

Judges of the Tennessee Circuit Court are elected in partisan elections or nonpartisan elections.^[2][6] Circuit Court judges serve eight-year terms. To continue to serve, they must run for re-election.^[2]

Qualifications

To serve on the Tennessee Circuit Court, a judge must be:

• authorized to practice law in state;
• a circuit resident for at least one year;
• a state resident for five years; and
• at least 30 years old.^[2]

Presiding judge

The presiding judge of each trial court is selected by peer vote, serving in that capacity for one year.^[7]

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement from a list of three names submitted by the Trial Court Vacancy Commission. The replacement serves out the remainder of the unexpired term, after which he or she must run in the next general election to remain on the court.^[2]

Tennessee Criminal Court

See also: Tennessee Criminal Court

Judges of the Tennessee Criminal Court are elected in partisan elections or nonpartisan elections.^[2][6] Criminal Court judges serve eight-year terms, after which they must run for re-election if they wish to remain on the court.^[2]

Qualifications

To serve on the Tennessee Criminal Court, a judge must be:

• authorized to practice law in state;
• a district resident for at least 1 year;
• a state resident 5 years; and
• at least 30 years old.^[2]

Presiding judge

The presiding judge is selected by peer vote, serving in that capacity for one year.^[7]

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement from a list of three names submitted by the Trial Court Vacancy Commission. The replacement serves out the remainder of the unexpired term, after which he or she must run in the next general election to remain on the court.^[2]

Tennessee Chancery Courts

See also: Tennessee Chancery Courts

Judges of the Tennessee Chancery Courts are elected in partisan elections or nonpartisan elections.^[2][6] Chancery Court judges serve eight-year terms, after which they must run for re-election if they wish to remain on the court.^[2]

Qualifications

To serve on the Chancery Court, a judge must be:

• authorized to practice law in state;
• a district resident for at least 1 year;
• a state resident 5 years; and
• at least 30 years old.^[2]

Presiding judge

The presiding judge is selected by peer vote, serving in that capacity for one year.^[7]

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement from a list of three names submitted by the Trial Court Vacancy Commission. The replacement serves out the remainder of the unexpired term, after which he or she must run in the next general election to remain on the court.^[2]

Tennessee Probate Court

See also: Tennessee Probate Court

Judges of the Tennessee Probate Court are elected in partisan elections or nonpartisan elections.^[2][6] Probate Court judges serve eight-year terms, after which they must run for re-election if they wish to remain on the court.^[2]

Qualifications

To serve on the Probate Court, a judge must be:

• authorized to practice law in state;
• a district resident for at least 1 year;
• a state resident 5 years; and
• at least 30 years old.^[2]

Presiding judge

The presiding judge is selected by peer vote, serving in that capacity for one year.^[7]

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement from a list of three names submitted by the Trial Court Vacancy Commission. The replacement serves out the remainder of the unexpired term, after which he or she must run in the next general election to remain on the court.^[2]

Limited jurisdiction courts

Tennessee has three types of limited jurisdiction courts: Tennessee General Sessions Court, Tennessee Juvenile Court, and Tennessee Municipal Court.

Tennessee General Sessions Court

Judges of the Tennessee General Sessions Court are chosen in partisan elections or nonpartisan elections. They serve eight-year terms and must run for re-election if they wish to serve additional terms.^[8]Cite error: Invalid <ref> tag; invalid names, e.g. too many^[6] For more information on these elections, visit the Tennessee judicial elections page.

Tennessee Juvenile Court

Judges of the Tennessee Juvenile Court are chosen in partisan elections or nonpartisan elections.^[9] They serve eight-year terms, and must run for re-election if they wish to serve additional terms. ^[8]Cite error: Invalid <ref> tag; invalid names, e.g. too many^[6] For more information on these elections, visit the Tennessee judicial elections page.

Tennessee Municipal Court

Judges of the Tennessee Municipal Courts can be chosen by various methods. Individual towns or cities may establish different ordinances for the election of their municipal judges, such as allowing for some positions to be elected by popular vote and some by other methods.^[8]Cite error: Invalid <ref> tag; invalid names, e.g. too many^[6] Municipal judges serve eight-year terms, and must run for re-election if they wish to serve additional terms.^[2][6]

History

Below is a timeline noting changes to judicial selection methods in Tennessee listed in reverse chronological order:

• 2014: Tennessee Judicial Selection, Amendment 2 was approved by 60.9% of the voters, modifying the process of judicial selection for the state's appellate courts. The measure required supreme court and intermediate appellate court judges to be,
  • appointed by the governor;
  • confirmed by the legislature; and
  • retained by voters at the end of their terms.
• 1994: The Tennessee Plan was brought back for the selection of supreme court justices and a judicial performance evaluation program was created.^[10]
• 1974: The Tennessee Plan was repealed for justices of the supreme court.^[10]
• 1971: The Tennessee Plan was adopted by legislative statute.^[10] Under this method, the governor would appoint a justice or judge to fill appellate court vacancies. The executive would choose from three candidates, screened and selected by the Tennessee Judicial Nominating Commission. The justice or judge would stand for retention in the next general election (at least 30 days after appointment) and then at the end of subsequent terms.^[10]
• 1853: Tennessee adopted a new state constitution, which included that: "The judges of the Supreme Court shall be elected by the qualified voters of the state." The 1853 Constitution also switched all judges to serve eight-year terms.^[11][10] The election provision was retained when Tennessee ratified a new constitution in 1870, after the Civil War.^[11]
• 1835: Supreme Court Justices' tenure was changed from "good behavior" to twelve-year terms. All other judges' terms were reduced to eight years.^[10]
• 1796: All judges were elected by the General Assembly, serving for the duration of their "good behavior."^[10]

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.^[12]

Courts in Tennessee

In Tennessee, there are three federal district courts, a state supreme court, a state court of appeals, a state court of criminal appeals, and trial courts of general and limited. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• State court of criminal appeals
• Trial courts

The image below depicts the flow of cases through Tennessee's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.^[13] At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Tennessee State Courts official website
• Tennessee Secretary of State - Elections

Footnotes