Tennessee Code Annotated

Tenn. Code Ann. § 17-1-106 (2026)

Judges to be lawyers - Exceptions

✓ current as of May 2026

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(a) In addition to the qualifications provided for judges by the Constitution of Tennessee, Article VI, §§ 3 and 4, judges of the supreme court, court of appeals, court of criminal appeals, chancery courts, circuit courts, criminal courts, and courts exercising the jurisdiction imposed in one (1) or more of the chancery courts, circuit courts, or criminal courts shall be learned in the law, which must be evidenced by the judge:
- (1) Being authorized to practice law in the courts of this state;
- (2) Being in good standing with the board of professional responsibility; and
- (3) Not having been publicly censured by the board of professional responsibility or suspended or disbarred from the practice of law within the ten (10) years preceding the judge's term of office for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; provided, that this subdivision (a)(3) does not apply to those serving in a judicial position as of October 1, 2022.

(b)

(1) This section shall not apply to courts of general sessions in counties of this state having a population according to the federal census of 1960 or any subsequent federal census as follows:

not less than	nor more than
4,000....................	4,500
4,700....................	4,800
4,900....................	4,950
5,100....................	5,200
5,250....................	5,300
5,900....................	6,000
6,250....................	6,300
7,250....................	7,300
7,800....................	7,825
8,000....................	8,400
8,400....................	8,500
8,500....................	8,600
9,500....................	9,571
10,600....................	10,700
11,500....................	11,511
11,512....................	11,525
11,850....................	11,900
11,900....................	11,950
12,170....................	12,200
12,500....................	12,600
13,000....................	13,500
14,300....................	14,400
15,400....................	15,500
16,100....................	16,200
17,000....................	17,500
18,000....................	18,500
18,800....................	18,850
19,000....................	19,100
19,100....................	20,000
21,000....................	21,100
21,450....................	21,500
21,500....................	21,600
22,200....................	22,300
24,200....................	24,240
25,500....................	25,600
26,950....................	27,000
27,650....................	27,700
28,600....................	28,650
30,400....................	30,500
39,100....................	39,200
41,550....................	41,600
42,150....................	42,200
250,000....................	300,000

(2) This section shall not apply to judges of the county courts nor to chairs of county courts in the various counties of this state except in those counties where such judges or chairs exercise general criminal jurisdiction normally exercised by the criminal and circuit courts, jurisdiction of purely civil cases in which a jury is provided for, except insanity proceedings and condemnation of land proceedings, and jurisdiction to hear and determine divorce cases.

(c)
- (1) Notwithstanding any provision of subsection (b) to the contrary, this section shall apply to any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census.
- (2) Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and shall be certified by such officer to the secretary of state.

(d) Notwithstanding any other public or private act, law or charter provision, subsection (a) shall also apply to judges of city courts of all cities of this state having a population in excess of one hundred sixty thousand (160,000), according to the federal census of 1980 or any subsequent federal census.

Amended by 2022 Tenn. Acts, ch. 1120, s 1, eff. 10/1/2022.

Acts 1961, ch. 283, § 1; 1965, ch. 85, § 1; 1965, ch. 336, § 1; 1973, ch. 312, § 1; 1974, ch. 521, § 1; T.C.A., § 17-119; modified; Acts 1983, ch. 180, §§ 1, 2; 1983, ch. 201, § 1.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1984–2025 · leading case: City of White House v. Whitley, 979 S.W.2d 262 (Tenn. 1998).

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City of White House v. Whitley, 979 S.W.2d 262 (Tenn. 1998). · cites it 2× “Tenn.Code Ann. § 17-1-106(d) (1994 Repl.).”

Maxine B. Cousin v. Don Sundquist State Election Comm'n Brook Thompson Hamilton Cnty. Election Comm'n Carolyn Jackson, 145 F.3d 818 (6th Cir. 1998). “Candidates for Hamilton County judicial offices run for separately designated positions, with the candidate receiving the highest number of votes declared the winner.”

State Ex Rel. Haught v. Donnahoe, 321 S.E.2d 677 (W. Va. 1984). “V, § 6; Tenn. Code Ann. § 17-1-106 (Supp.1984); Tex.”

Heathscott v. Raff, 973 S.W.2d 799 (Ark. 1998). “Tenn. Code Ann. § 17-1-106 (a) (Repl. 1994) (emphasis added).”

William Thomas McFarland v. Michael S. Pemberton, 530 S.W.3d 76 (2017). · cites it 2× “16, 2015) (noting that, under section 8-8-102, “[t]he POST Commission is the entity responsible for verifying a candidate’s qualifications for the office of sheriff”); see also Tenn. Code Ann. § 17-1-106 (requiring that judges “shall be learned in the law, which must be…”

In re Brown, 879 S.W.2d 801 (Tenn. 1994). · cites it 2× “1981); T.C.A. § 17-1-106. The referees who work under Judge Turner’s direction, like all juvenile court referees, are required to be lawyers.”

Thomas Patterson v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2025). · cites it 3× “” Tenn. Code Ann. § 17-1-106 (a). Nowhere in this chapter are administrative law judges mentioned.”

Oliver Valentine (Tenn. Ct. App. 2000). · cites it 3× “-8- See Tenn. Code Ann. § 17-1-106 . Under Tennessee Code Annotated § 17-1-106(b)(2), this requirement does not apply to the Shelby County juvenile court judge.”

The City of White House v. Whitley (Tenn. Ct. App. 1997). · cites it 2× “Tenn. Code Ann. § 17-1-106 (a) (1994). While there are no similar general requirements for general sessions or municipal court judges,12 the General Assembly has enacted statutes requiring certain municipal court judges to be licensed lawyers.”

— Tenn. Code Ann. § 17-1-106(a) — 1 case

Thomas Patterson v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 17-1-106 (a). Nowhere in this chapter are administrative law judges mentioned.”

— Tenn. Code Ann. § 17-1-106(b)(2) — 1 case

Oliver Valentine (Tenn. Ct. App. 2000). “-8- See Tenn. Code Ann. § 17-1-106 . Under Tennessee Code Annotated § 17-1-106(b)(2), this requirement does not apply to the Shelby County juvenile court judge.”

— Tenn. Code Ann. § 17-1-106(d) — 1 case

City of White House v. Whitley, 979 S.W.2d 262 (Tenn. 1998). “Tenn.Code Ann. § 17-1-106(d) (1994 Repl.).”

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