Tennessee Court of Criminal Appeals
From Ballotpedia
| Tennessee Court of Criminal Appeals | |
 | |
| Court information | |
| Judges: | 12 |
| Salary: | Associates: $220,548[1] |
| Judicial selection | |
| Method: | Assisted appointment |
| Term: | 8 years |
The Tennessee Court of Criminal Appeals is an intermediate appellate court in Tennessee. Established in 1967, it hears appeals of only criminal cases in the state. Appeals of civil cases are heard by the Tennessee Court of Appeals.[2]
The court consists of 12 judges, increased from nine in 1996, that sit in three-person panels to hear cases. Decisions of the Tennessee Court of Criminal Appeals may be appealed to the Tennessee Supreme Court, and capital cases are appealed to the Tennessee Supreme Court automatically.[3]
- Published opinions of the Tennessee Court of Criminal Appeals can be found here.
Judges
| Judge | Tenure | Appointed By |
|---|---|---|
|
September 1, 2022 - Present |
Bill Lee |
|
|
September 1, 2022 - Present |
Bill Lee |
|
|
September 1, 2014 - Present |
Bill Haslam |
|
|
August 21, 2014 - Present |
Bill Haslam |
|
|
September 1, 2014 - Present |
Bill Haslam |
|
|
August 30, 2021 - Present |
Bill Lee |
|
|
2000 - Present |
Gov. Don Sundquist (R) |
|
|
April 18, 2016 - Present |
Bill Haslam |
|
|
1999 - Present |
Phil Bredesen |
|
|
February 10, 2022 - Present |
Bill Lee |
|
|
March 9, 2023 - Present |
Bill Lee |
Former judges
- Alan Glenn
- J.C. McLin
- Norma McGee Ogle
- Roger A. Page
- Jerry L. Smith
- D. Kelly Thomas
- Joseph Tipton
- John Everett Williams
- James Witt
- Thomas Woodall
Judicial selection
- See also: Judicial selection in Tennessee
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.[4][5][6]
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.[5]
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.[4][5] Judges are voted upon by the voters of the whole state.[7]
Elections
2024
The terms of four Tennessee intermediate appellate court judges expired on September 1, 2024. The Tennessee Court of Appeals hears appeals of civil cases and the Tennessee Court of Criminal Appeals hears appeals of criminal cases. The four seats were up for retention election on August 1, 2024. The filing deadline was April 4, 2024.
Candidates and results
Matthew Wilson was retained to the Tennessee Court of Criminal Appeals Western Section on August 1, 2024 with 74.1% of the vote.
Retention Vote |
% |
Votes |
||
| ✔ | Yes |
74.1 |
393,797 | |
No |
25.9 |
137,970 | ||
Total Votes |
531,767 |
2022
Candidates and results
Court of Criminal Appeals
Tennessee Court of Criminal Appeals 2022 Retention election | |
|
|
| Office | Candidates |
| Eastern Section |
 James Witt (i) |
| Eastern Section |
Robert H. Montgomery (i) |
| Middle Section |
Jill Ayers (i) |
| Middle Section |
Robert L. Holloway (i) |
| Middle Section |
Robert Wedemeyer (i) |
| Middle Section |
Timothy L. Easter (i) |
| Western Section |
Camille McMullen (i) |
| Western Section |
J. Ross Dyer (i) |
| Western Section |
John W. Campbell (i) |
| Western Section |
John Everett Williams (i) |
2016
- See also: Tennessee judicial elections, 2016
Judges who faced retention
■ J. Ross Dyer (Western Section) (Retained)
■ Timothy L. Easter (Middle Section) (Retained)
■ Robert L. Holloway (Middle Section) (Retained)
■ Robert H. Montgomery (Eastern Section) (Retained)
Election results
| Tennessee Court of Criminal Appeals Retention, J. Ross Dyer, 2016 | |
|---|---|
| Name | Yes votes |
| J. Ross Dyer | 71.55% |
| Source: Tennessee Secretary of State Official Results |
| Tennessee Court of Criminal Appeals Retention, Timothy L. Easter, 2016 | |
|---|---|
| Name | Yes votes |
| Timothy L. Easter | 71.36% |
| Source: Tennessee Secretary of State Official Results |
| Tennessee Court of Criminal Appeals Retention, Robert L. Holloway, 2016 | |
|---|---|
| Name | Yes votes |
| Robert L. Holloway | 72.35% |
| Source: Tennessee Secretary of State Official Results |
| Tennessee Court of Criminal Appeals Retention, Robert H. Montgomery, 2016 | |
|---|---|
| Name | Yes votes |
| Robert H. Montgomery | 71.89% |
| Source: Tennessee Secretary of State Official Results |
2014
Retention
| Judge | Election Vote |
|---|---|
| James Witt | 65.1%  |
| Jeff Bivins | 65.2% |
| Roger A. Page | 64.9% |
| Camille McMullen | 64.0% |
| D. Kelly Thomas | 64.9% |
| Alan Glenn | 65.0% |
| Norma McGee Ogle | 64.0% |
| Robert Wedemeyer | 64.1% |
| John Everett Williams | 65.6% |
| Thomas T. Woodall | 65.2% |
- See also: Tennessee judicial elections, 2014
2012
| Judge | Incumbency | Retention vote | Retention Vote % |
|---|---|---|---|
| Jeff Bivins | Yes | 71.15% | |
| Roger A. Page | Yes | 71.16% |
- See also: Tennessee judicial elections, 2012
Ethics
The Tennessee Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Tennessee. It is composed of four canons:
- Canon 1: "A Judge Shall Uphold and Promote the Independence, Integrity, and Impartiality of the Judiciary, and Shall Avoid Impropriety and the Appearance of Impropriety."
- Canon 2: "A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently."
- Canon 3: "A Judge Shall Conduct the Judge's Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office."
- Canon 4: "A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity that Is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary."[8]
The full text of the Tennessee Code of Judicial Conduct can be found here.
Removal of judges
Judges in Tennessee may be removed in one of two ways:
- Removal by a two-thirds vote of each house of the General Assembly, after recommendation from the court of the judiciary
- Conviction by a two-thirds vote of the Senate, following impeachment by a two-thirds vote of the house of representatives[9]
State profile
| Demographic data for Tennessee | ||
|---|---|---|
| Tennessee | U.S. | |
| Total population: | 6,595,056 | 316,515,021 |
| Land area (sq mi): | 41,235 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 77.8% | 73.6% |
| Black/African American: | 16.8% | 12.6% |
| Asian: | 1.6% | 5.1% |
| Native American: | 0.3% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 2% | 3% |
| Hispanic/Latino: | 4.9% | 17.1% |
| Education | ||
| High school graduation rate: | 85.5% | 86.7% |
| College graduation rate: | 24.9% | 29.8% |
| Income | ||
| Median household income: | $45,219 | $53,889 |
| Persons below poverty level: | 21.4% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Tennessee. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. |
Presidential voting pattern
- See also: Presidential voting trends in Tennessee
Tennessee voted Republican in all seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Tennessee, accounting for 0.5 percent of the total pivot counties.[10]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Tennessee had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.
More Tennessee coverage on Ballotpedia
- Elections in Tennessee
- United States congressional delegations from Tennessee
- Public policy in Tennessee
- Endorsers in Tennessee
- Tennessee fact checks
- More...
See also
External links
Footnotes
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ Tennessee State Courts, "About the Tennessee Court of Criminal Appeals," accessed May 27, 2014
- ↑ Tennessee State Courts, "About the Supreme Court," accessed May 27, 2014
- ↑ 4.0 4.1 Lexis Nexis, "Tennessee Code Annotated § 17-4-101," accessed April 25, 2024
- ↑ 5.0 5.1 5.2 American Judicature Society, "Methods of Judicial Selection: Tennessee," archived September 11, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Tennessee; Judicial Nominating Commissions," accessed September 30, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection: Tennessee," accessed August 5, 2016
- ↑ Tennessee State Courts, "Rule 10: Code of Judicial Conduct," accessed August 4, 2015
- ↑ American Judicature Society, "Methods of Judicial Selection: Tennessee, Removal of Judges," accessed August 4, 2015
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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