Before entering upon the duties of office, every judge and chancellor in this state is required to take an oath or affirmation to support the constitutions of the United States and that of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent on a judge or chancellor, to the best of the judge's or chancellor's skill and ability. The oath shall be administered in accordance with title 8 or any other applicable law.
Amended by 2015 Tenn. Acts, ch. 38,s 1, eff. 7/1/2015.
Code 1858, §§ 309, 310, 3911; Acts 1870, ch. 24, § 2; Shan., §§ 378, 379, 5704; mod. Code 1932, §§ 635, 636, 9890; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 17-104; Acts 2010, ch. 620, § 1.
Notes of Decisions
Judith Moore-Pennoyer v. State of Tennessee, 515 S.W.3d 271 (Tenn. 2017).
· cites it 2× “See Tenn. Code Ann. § 17-1-104 (2012). Mr. Ailor responded that he had acted as a state employee or officer for purposes of the statutory waiver provision when he made staffing decisions concerning his judicial office, even though he had not taken the oath of office or entered…”
Thomas Patterson v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2025).
· cites it 6× “Tenn. Code Ann. § 17-1-104 . Mr. Patterson argues that “judge” in this provision encompasses administrative law judges, and in support of this contention, points to Tennessee Supreme Court Rule 10: “A judge, within the meaning of this Code, is anyone who is authorized to perform…”
Judith Moore-Pennoyer v. State of Tennessee (Tenn. Ct. App. 2016).
· cites it 2× “Then the question arises, Was James 3 Likewise, Tennessee Code Annotated section 17-1-104 provides: Before entering upon the duties of office, every judge and chancellor in this state is required to take an oath or affirmation to support the constitutions of the United States…”
Brice Cook v. State of Tennessee (Tenn. 2020).
· cites it 2× “See Tenn. Code Ann. § 17-1-104 (2009 & Supp. 2019) (“Before entering upon the duties of office, every judge .”
Doe v. Tennessee, State of (M.D. Tenn. 2022).
“§ 17-1-104. The second Ernst factor favors finding the Chancery Court to be an arm of the state.”
Valentine v. Gay (M.D. Tenn. 2023).
“§ 17-1-104. The second Ernst factor favors finding the Sumner County Criminal Court to be an arm of the state.”
State of Tennessee, ex.rel. Vikki Davis v. John Davis (Tenn. Ct. App. 2003).
“2 Tennessee Code Annotated § 17-1-104 states that every judge in the State must take “an oath or affirmation to support the constitutions of the United States and that of this state, and to administer justice without respect of persons, and impartially to discharge all the…”
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