Tennessee Code Annotated
Tenn. Code Ann. § 16-15-209 (2026)
Failure of judge to attend - Selection of special judge
✓ current as of May 2026
- (a)
- (1) If the judge of a court of general sessions or juvenile court finds it necessary to be absent from holding court, the judge may seek a special judge in accordance with the requirements of and in the numerical sequence designated by this section.
- (2) If a special judge is necessary, the judge shall attempt to identify another judge who may serve by interchange, pursuant to § 17-2-208. If another judge cannot serve by interchange, a judge may seek to find any former or retired judge, who will, by mutual agreement, sit as special judge. The special judge shall serve by designation of the chief justice of the supreme court.
- (3) If the judge is unable to secure a judge under subdivision (a)(2), the judge may apply to the administrative office of the courts for assistance in finding a judge to sit by designation of the chief justice as a special judge.
- (4) Only after exhausting the procedures set out in subdivisions (a)(2) and (3), a judge may appoint a lawyer from a list, on a rotating basis, of lawyers that have been previously approved by the judge or judges of the district or county who are constitutionally qualified, in good standing, and possess sufficient experience and expertise. A lawyer appointed is subject to the following limitations, which shall be made known to persons attending any court proceeding presided over by a lawyer, as evidenced by an entry in the minutes or other permanent record of the court:
- (A) The lawyer may preside only if the parties and counsel are notified that the duly elected or appointed judge will be absent and that a practicing lawyer will serve as a special judge;
- (B) The parties choose to proceed and not to continue the case pending return of the duly elected or appointed judge;
- (C) The lawyer shall not approve the payment of attorney's fees involving an indigent defense claim or any discretionary fees. A special judge shall approve fees only when the exact amount is set by statute; and
- (D) At the opening of any court session presided over by a lawyer appointed pursuant to this section, an announcement shall be made to persons in attendance conveying the information contained in subdivisions (a)(4)(A) and (B). The making of such an announcement constitutes compliance with the notice requirements of this section.
- (b) A general sessions or juvenile judge assigned to a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge is assigned. Reimbursement shall be in an amount in accordance with the comprehensive travel regulations promulgated by the supreme court.
- (c) The county legislative body, by resolution adopted by a two-thirds (2/3) vote, may authorize the payment of compensation to a special judge selected pursuant to subdivision (a)(3). The amount of compensation shall not exceed the rate of compensation for other judges of the general sessions court or juvenile court for the county.
- (d) Notwithstanding subdivisions (a)(2) and (3), a general sessions or juvenile judge who encounters a sudden and unexpected emergency which causes the judge to be absent from court may forego the requirements of those subdivisions and appoint a lawyer in accordance with subdivision (a)(4). The circumstances requiring the appointment of a lawyer pursuant to this subsection (d) shall be entered upon the minutes or other permanent record of the court in addition to the information required in subdivision (a)(4).
- (e)
- (1) Upon approval of this subsection (e) and subsections (f)-(h) by resolution adopted by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and notwithstanding any other provision of this subsection (e) and subsections (f)-(h) to the contrary, if a judge of a court of general sessions or juvenile court in the county finds it necessary to be absent from holding court, another judge may sit by interchange for the absent judge upon entering an order finding it in the best interest of judicial efficiency. The order shall identify the absent judge and the interchanging judge, and shall be kept on file in the office of the clerk of the court. Upon a finding that interchange is not in the best interest of judicial efficiency, the judge so finding may appoint an attorney as a special judge. The appointments shall be on a rotating basis, from a list of attorneys previously approved by all of the duly elected or appointed general sessions or juvenile court judges, as being constitutionally qualified, in good standing, and possessing sufficient experience and skill. The appointment of a special judge shall be by written order, identifying the absent judge and the special judge, and shall be kept on file in the office of the clerk of the court.
- (2) During the month of September each year, the clerk of the court shall prepare, for each division of court governed by subdivision (e)(1), an annual report for the preceding twelve (12) months, setting out the total number of sessions of court presided over by a special judge, or by a judge sitting by interchange. The clerk shall also report the total number of sessions of court that are scheduled in each division of court for that period. The orders and reports required by this subdivision (e)(2) shall be filed, and kept open for public inspection, by the clerk of the court. The clerk of the court shall promptly file a copy of the annual report with the administrative office of the courts, created by § 16-3-801.
- (f) All special judges appointed under subsection (e) shall be subject to the following limitations:
- (1) All parties and counsel appearing before the special judge shall be notified that the duly elected or appointed judge is absent, and that a practicing attorney is serving as special judge;
- (2) If there is no duly elected or appointed judge available to preside over the trial of a contested case, either side shall be entitled to continue the case pending the return of a duly elected or appointed judge;
- (3) A special judge shall not preside over a contested cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall be kept on file with the clerk of the court as part of the legal record of that cause; and
- (4) A special judge shall not approve the payment of attorney fees, involving an indigent defense claim or any discretionary fees; provided, that a special judge may enter a judgment for attorney fees when:
- (A) The exact amount is set by statute; or
- (B) The party to be charged has executed a written agreement calling for the payment of attorney fees, and the fees shall be the amount specified in the agreement, but in no case more than one-third (1/3) of the principal amount of the debt upon which the suit is brought.
- (g)
- (1) Subsections (e) and (f) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a special judge:
- (A) A duly elected or appointed judge of any other juvenile or general sessions court, a trial court judge; or
- (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer.
- (2) Notwithstanding subsections (e) and (f), a general sessions or juvenile court judge shall have the authority to appoint a special judge as provided in subdivision (g)(1).
- (1) Subsections (e) and (f) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a special judge:
- (h)
- (1) Notwithstanding any other law to the contrary, in any county having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the county governing body of that county may appoint a special substitute judge or judges to serve as a judge in the court of general sessions or juvenile court in the county in the absence of any one (1) of such elected judge or judges.
- (2) A special substitute judge appointed shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility.
- (3) The compensation for a special substitute judge pursuant to subsections (e)-(f) and this subsection (h) shall be fixed by the county governing body and shall be paid from any fund appropriated for such purpose by the county governing body.
- (i) A general sessions or juvenile judge selected to serve by interchange pursuant to subdivision (a)(1) in a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge travels to serve. Reimbursement shall be assessed in accordance with the standard mileage rate, maximum parking fee, maximum lodging credit, maximum meals, and incidentals credit set forth in the last published comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Travel expenses relative to mileage, parking, meals, and incidentals shall not exceed one hundred dollars ($100) per day. A general sessions or juvenile judge entitled to reimbursement pursuant to this subsection (i) must submit all travel expense claims to the appropriate county official responsible for processing travel reimbursement.
Amended by 2021 Tenn. Acts, ch. 266, s 1, eff. 7/1/2021.
Acts 1959, ch. 109, § 14; 1968, ch. 533, § 1; T.C.A., § 16-1114; Acts 1994, ch. 751, § 1; 1997 , ch. 473, § 3; 1998, ch. 943, § 1; 2009 , ch. 235, § 1; 2010 , ch. 757, §§ 1, 2.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1993–2024 · leading case: State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002).
State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002). “See Tenn.Code Ann. § 16-15-209 (Repl.1994). The differences between prior law and current law are not relevant to our disposition of this issue.”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “” Section 16-15-209 of the Tennessee Code Annotated addresses the procedure to be followed when appointing a special judge to preside over a juvenile court matter.”
State v. Smith, 867 S.W.2d 343 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 16-15-209. In the alternative, he argues that the written designation by General Sessions Judge Robert L.”
State Ex Rel. Witcher v. Bilbrey, 878 S.W.2d 567 (Tenn. Ct. App. 1994). “See Tenn. Code Ann. § 16-15-209 (1980) (the judge may designate a special judge or the lawyers present may elect a special judge); Tenn.”
Ferrell v. Cigna Prop. & Cas. Ins. Co., 33 S.W.3d 731 (Tenn. 2000). “§ 17-2-122 and provides: (a) Notwithstanding the provisions of § 16-15-209 or § 17-2-109 or any other relevant provision to the contrary, a judge shall have the authority to appoint a special judge as provided in this section.”
United States v. Donald Ray Scott, 260 F.3d 512 (6th Cir. 2001). “§ 40-5-101 (1994), nor did he have authority as a special general sessions judge under Tenn.Code Ann. § 16-15-209 because under that provision the authority of special judges attaches only when the active general sessions judge is unavailable.”
Maxwell Med., Inc. v. Chumley, 282 S.W.3d 893 (Tenn. Ct. App. 2008). “§ 17-2-122 and provides: (a) Notwithstanding the provisions of § 16-15-209 or § 17-2-109 or any other relevant provision to the contrary, a judge shall have the authority to appoint a special judge as provided in this section.”
In Re Marterrio H. (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 16-15-209 (a)(1). If necessary, the judge may request assistance from the Administrative Office of the Courts in locating a judge to sit as special judge.”
United States v. Scott, 69 F. Supp. 2d 1018 (E.D. Tenn. 1999). “However, the authority of special judges attaches only when the general sessions judge is unavailable, see Tenn. Code Ann. § 16-15-209 (special judges may be appointed when general sessions judge cannot attend court), and expires after that time.”
State of Tennessee Dep't of Child.'s Servs. v. F.R.G. (Tenn. Ct. App. 2007). “T.C.A. §§ 16-15-209 (Supp. 2006) and 37-1-159(g) (2005) -3- It just seems to me to be absolutely abundantly clear, clear and convincing that [Mother] was utilizing drugs and had been on a sustained basis prior to the birth of the child, and the child was born with that situation.”
Samuel Jace England v. Amber Leigh Lowry (Tenn. Ct. App. 2020). “The statute governing the appointment of a special judge in this case is Tenn. Code Ann. § 16-15-209 , which provides, in relevant part, as follows: (a) If the judge of a court of general sessions[1] or juvenile court finds it necessary to be absent from holding court, the judge…”
In re Devin B. (Tenn. Ct. App. 2016). “As both this Court and 7 Tennessee Code Annotated section 17-2-122 states that (a) Notwithstanding the provisions of § 16-15-209 or § 17-2-109 or any other relevant provision to the contrary, a judge shall have the authority to appoint a special judge as provided in this section.”
Tenn. Code Ann. § 16-15-209(a)(1): 1 case
State of Tennessee Dep't of Child.'s Servs. v. F.R.G. (Tenn. Ct. App. 2007). “T.C.A. §§ 16-15-209 (Supp. 2006) and 37-1-159(g) (2005) -3- It just seems to me to be absolutely abundantly clear, clear and convincing that [Mother] was utilizing drugs and had been on a sustained basis prior to the birth of the child, and the child was born with that situation.”
Tenn. Code Ann. § 16-15-209(a)(3): 2 cases
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “” Section 16-15-209 of the Tennessee Code Annotated addresses the procedure to be followed when appointing a special judge to preside over a juvenile court matter.”
State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002). “See Tenn.Code Ann. § 16-15-209 (Repl.1994). The differences between prior law and current law are not relevant to our disposition of this issue.”
Tenn. Code Ann. § 16-15-209(a)(4): 1 case
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “” Section 16-15-209 of the Tennessee Code Annotated addresses the procedure to be followed when appointing a special judge to preside over a juvenile court matter.”
Tenn. Code Ann. § 16-15-209(a)(4)(A): 2 cases
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “” Section 16-15-209 of the Tennessee Code Annotated addresses the procedure to be followed when appointing a special judge to preside over a juvenile court matter.”
State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002). “See Tenn.Code Ann. § 16-15-209 (Repl.1994). The differences between prior law and current law are not relevant to our disposition of this issue.”
Tenn. Code Ann. § 16-15-209(a)(4)(B): 1 case
State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002). “See Tenn.Code Ann. § 16-15-209 (Repl.1994). The differences between prior law and current law are not relevant to our disposition of this issue.”
Tenn. Code Ann. § 16-15-209(a)(l): 1 case
State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002). “See Tenn.Code Ann. § 16-15-209 (Repl.1994). The differences between prior law and current law are not relevant to our disposition of this issue.”
Tenn. Code Ann. § 16-15-209(a)(l)(3): 1 case
State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002). “See Tenn.Code Ann. § 16-15-209 (Repl.1994). The differences between prior law and current law are not relevant to our disposition of this issue.”
Tenn. Code Ann. § 16-15-209(h)(l): 1 case
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “” Section 16-15-209 of the Tennessee Code Annotated addresses the procedure to be followed when appointing a special judge to preside over a juvenile court matter.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.