Tennessee Code Annotated
Tenn. Code Ann. § 17-2-118 (2026)
Substitute judges
✓ current as of May 2026
- (a) If, for good cause, including, but not limited to, by reason of illness, physical incapacitation, vacation or absence from the city or judicial district on a matter related to the judge's judicial office, the judge of a state or county trial court of record is unable to hold court, the judge shall appoint a substitute judge to hold court, preside and adjudicate.
- (b) A substitute judge shall possess all of the qualifications of a judge of the court in which the substitute is appointed.
- (c) No substitute judge may be appointed for a period of more than three (3) days; provided, that the judge appointed pursuant to this section may finish any trial that is commenced during the period of appointment.
- (d) A substitute judge appointed pursuant to this section shall have no authority to award fees except those that are statutory.
- (e) A substitute judge shall not preside over a cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall plainly state that the substitute judge has not been duly elected by the citizens of the judicial district or appointed by the governor but has been appointed pursuant to this section. Further, the consent form shall include the name of the lawyer appointed as substitute judge, the judge of the court in which the substitute judge is sitting, the date for which the substitute judge was appointed and the reason for the regular judge's absence. The consent form shall be transmitted and maintained on file for public inspection at the administrative office of the courts in Nashville.
- (f)
- (1) Subsections (a)-(e) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge:
- (A) A duly elected or appointed judge of any inferior court; 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 (a)-(e), a judge shall have the authority to appoint a substitute judge as provided in subdivision (f)(1).
- (1) Subsections (a)-(e) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge:
Acts 1870, ch. 78, §§ 1, 3, 4; Shan., §§ 5730, 5732; mod. Code 1932, §§ 9919, 9921; T.C.A., (orig. ed.), § 17-225; modified; Acts 1996, ch. 943, § 1; 1999, ch. 23, § 2; 2009, ch. 235, § 1.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1999–2024 · leading case: In Re Valentine, 79 S.W.3d 539 (Tenn. 2002).
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Her constitutional argument is that Tenn. Code Ann. § 17-2-118 (f)(2), which was enacted under the authority of Article VI, § 11 of the Tennessee Constitution, gives elected judges unfettered discretion to delegate adjudicatory functions to non-judges and therefore contravenes…”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Another provision relating to the appointment of a special judge is T.C.A. § 17-2-118, which provides that, for good cause, a state or a county judge of a court of record may appoint a substitute judge.”
Ferrell v. Cigna Prop. & Cas. Ins. Co., 33 S.W.3d 731 (Tenn. 2000). “unable to hold court, as provided in Tenn.Code Ann. § 17-2-118, the following procedure shall be followed, in the sequence designated, for the selection of a substitute judge.”
In Re: I.E.A., 511 S.W.3d 507 (Tenn. Ct. App. 2016). “Whether the termination of parental rights is in the best interests of the minor children? 3.”
Maxwell Med., Inc. v. Chumley, 282 S.W.3d 893 (Tenn. Ct. App. 2008). “unable to hold court, as provided in Tenn.Code Ann. § 17-2-118, the following procedure shall be followed, in the sequence designated, for the selection of a substitute judge.”
State v. Posey, 99 S.W.3d 141 (Tenn. Crim. App. 2002). “In his brief, the Defendant argues that the special judge was not duly elected pursuant to Tennessee Code Annotated section 17-2-118. *146 However, this provision is applicable only to courts of record.”
In Re Valle, 31 S.W.3d 566 (Tenn. Ct. App. 2000). “Whether T.C.A. § 17-2-118(f)(2) contravenes Article VI, § 4 of the Tennessee Constitution.”
In Re Marterrio H. (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 17-2-118 (a)-(e). The statutory requirements listed above do not apply, however, “where a judge finds it necessary to be absent from holding court” and appoints one of the following as a substitute judge: (A) A duly elected or appointed judge of any inferior…”
State Of Tennessee, Dep't Of Child.'s Servs. v. Ruth Sails - Dissenting (Tenn. Ct. App. 2009). “Lane’s authority pursuant to Tenn. Code Ann. §17-2-118 (f)(2) and In Re Valentine, 79 S.”
In Re Ja'Miya T. (Tenn. Ct. App. 2017). “Whether DCS made reasonable efforts in regard to the ground of persistence of conditions? 3.”
In Matter of R.C v. & O.V. (Tenn. Ct. App. 2002). “Valle] assume that you’re sitting by virtue of Tennessee Code Annotated Section 17-2-118 or perhaps 17-2-122 or any of the other statutes that provide for the appointment of a special or substitute judge.”
Oliver Valentine (Tenn. Ct. App. 2000). “” The “law of the land” clause provides citizens in Tennessee courts the same 7 Tennessee Code Annotated § 17-2-118 (Supp. 2000) reads: Substitute Judges.”
— Tenn. Code Ann. § 17-2-118(a) — 4 cases
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Her constitutional argument is that Tenn. Code Ann. § 17-2-118 (f)(2), which was enacted under the authority of Article VI, § 11 of the Tennessee Constitution, gives elected judges unfettered discretion to delegate adjudicatory functions to non-judges and therefore contravenes…”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Another provision relating to the appointment of a special judge is T.C.A. § 17-2-118, which provides that, for good cause, a state or a county judge of a court of record may appoint a substitute judge.”
Ferrell v. Cigna Prop. & Cas. Ins. Co., 33 S.W.3d 731 (Tenn. 2000). “unable to hold court, as provided in Tenn.Code Ann. § 17-2-118, the following procedure shall be followed, in the sequence designated, for the selection of a substitute judge.”
Maxwell Med., Inc. v. Chumley, 282 S.W.3d 893 (Tenn. Ct. App. 2008). “unable to hold court, as provided in Tenn.Code Ann. § 17-2-118, the following procedure shall be followed, in the sequence designated, for the selection of a substitute judge.”
— Tenn. Code Ann. § 17-2-118(b) — 2 cases
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Her constitutional argument is that Tenn. Code Ann. § 17-2-118 (f)(2), which was enacted under the authority of Article VI, § 11 of the Tennessee Constitution, gives elected judges unfettered discretion to delegate adjudicatory functions to non-judges and therefore contravenes…”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Another provision relating to the appointment of a special judge is T.C.A. § 17-2-118, which provides that, for good cause, a state or a county judge of a court of record may appoint a substitute judge.”
— Tenn. Code Ann. § 17-2-118(c) — 1 case
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Another provision relating to the appointment of a special judge is T.C.A. § 17-2-118, which provides that, for good cause, a state or a county judge of a court of record may appoint a substitute judge.”
— Tenn. Code Ann. § 17-2-118(e) — 1 case
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Her constitutional argument is that Tenn. Code Ann. § 17-2-118 (f)(2), which was enacted under the authority of Article VI, § 11 of the Tennessee Constitution, gives elected judges unfettered discretion to delegate adjudicatory functions to non-judges and therefore contravenes…”
— Tenn. Code Ann. § 17-2-118(f) — 1 case
In Matter of R.C v. & O.V. (Tenn. Ct. App. 2002). “Valle] assume that you’re sitting by virtue of Tennessee Code Annotated Section 17-2-118 or perhaps 17-2-122 or any of the other statutes that provide for the appointment of a special or substitute judge.”
— Tenn. Code Ann. § 17-2-118(f)(2) — 6 cases
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Her constitutional argument is that Tenn. Code Ann. § 17-2-118 (f)(2), which was enacted under the authority of Article VI, § 11 of the Tennessee Constitution, gives elected judges unfettered discretion to delegate adjudicatory functions to non-judges and therefore contravenes…”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Another provision relating to the appointment of a special judge is T.C.A. § 17-2-118, which provides that, for good cause, a state or a county judge of a court of record may appoint a substitute judge.”
In Re Valle, 31 S.W.3d 566 (Tenn. Ct. App. 2000). “Whether T.C.A. § 17-2-118(f)(2) contravenes Article VI, § 4 of the Tennessee Constitution.”
Oliver Valentine (Tenn. Ct. App. 2000). “” The “law of the land” clause provides citizens in Tennessee courts the same 7 Tennessee Code Annotated § 17-2-118 (Supp. 2000) reads: Substitute Judges.”
In Matter of R.C v. & O.V. (Tenn. Ct. App. 2002). “Valle] assume that you’re sitting by virtue of Tennessee Code Annotated Section 17-2-118 or perhaps 17-2-122 or any of the other statutes that provide for the appointment of a special or substitute judge.”
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