Tennessee Code Annotated
Tenn. Code Ann. § 17-2-102 (2026)
Incompetency of supreme court judges
✓ current as of May 2026
The judges of the supreme court, within the first week of each term, or as soon thereafter as the fact comes to their knowledge, shall certify to the governor all cases upon the docket in which any of them are incompetent to sit, upon the receipt of which certificate the governor shall appoint and commission the requisite number of competent lawyers to dispose of the causes.
Code 1858, § 3919 (deriv. Acts 1835-1836, ch. 68, § 1); Shan., § 5715; Code 1932, § 9901; T.C.A. (orig. ed.), § 17-202.
Notes of Decisions
Cited in 3
cases, 1996–1999 · leading case: Holder v. Tennessee Jud. Selection Comm'n, 937 S.W.2d 877 (Tenn. 1996).
Holder v. Tennessee Jud. Selection Comm'n, 937 S.W.2d 877 (Tenn. 1996). “VI, § 11 and Tenn. Code Ann. § 17-2-102 . The letter sent by the Governor to each member of the Special Supreme Court specifically limited the mandate of the Special Supreme Court.”
State Ex Rel. Hooker v. Thompson, 249 S.W.3d 331 (Tenn. 1996). “Under Article VI, Section 11 of the Tennessee Constitution, and T.C.A. § 17-2-102, sitting judges are required to certify their disqualification to the Governor, “.”
Hooker v. Thompson (Tenn. 1999). “The petitioner cites Tenn. Code Ann. § 17-2-102 (1994) for the proposition that only the Governor has the power to appoint substitute Supreme Court Justices.”
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