Tennessee Code Annotated
Tenn. Code Ann. § 17-2-122 (2026)
Failure of judge to attend - Selection of special judge
✓ current as of May 2026
- (a) Notwithstanding § 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.
- (b) Sections 16-15-209 and 17-2-109 and any other relevant provision shall not apply where a judge finds it necessary to be absent from holding court and appoints as a substitute judge an 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 their duties as judicial officer.
Acts 1997, ch. 473, § 6; 2009, ch. 235, § 1.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 2000–2024 · leading case: In Re Valentine, 79 S.W.3d 539 (Tenn. 2002).
In Re Valentine, 79 S.W.3d 539 (Tenn. 2002). “Wallace also challenges the constitutionality of Tenn.Code Ann. § 17-2-122, a statute which is similar to § 17 — 2—118(f)(2).”
State Dep't of Child.'s Servs. v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). “Another very similar statutory provision is codified at T.C.A. § 17-2-122. 4 . While Mother claims her last drug screen had been “clean,” it did reveal the presence of marijuana.”
Ferrell v. Cigna Prop. & Cas. Ins. Co., 33 S.W.3d 731 (Tenn. 2000). “) A very similar statutory provision is codified at Tenn. Code Ann. § 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…”
Maxwell Med., Inc. v. Chumley, 282 S.W.3d 893 (Tenn. Ct. App. 2008). “§§ 17-2-118(a) and (f)(2), and Tenn.Code Ann. § 17-2-122. 6. I was back in the court for work on the following Monday.”
State, ex rel., Jana Ruth Alford Nichols v. Randall Nelson Songstad, 563 S.W.3d 868 (Tenn. Ct. App. 2018). “to hear the case pursuant to Tennessee Code Annotated section 17-2- 122 which states, in relevant part: where a judge finds it necessary to be absent from holding court and appoints as a substitute judge an officer of the judicial system under the judge's supervision whose duty…”
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.”
Leterpa Mosley v. State of Tennessee (Tenn. Crim. App. 2018). “The relevant statute is Tennessee Code Annotated section 17-2-122 (2009): [W]here a judge finds it necessary to be absent from holding court and appoints as substitute judge an officer of the judicial system under the judge’s supervision whose duty it is to perform judicial…”
STATE of Tennessee EX REL. Jamie Joy WILLIAMS v. Deadrick Donnell WOODS, Sr., 530 S.W.3d 129 (2017). “Walker, includes apparent boilerplate language, 6 which reads: The Judge finds it necessary to be absent from holding Court, and pursuant to T.C.A. 17-2-122(b) appoints as substitute judge, David S.”
In re Marcell W. (Tenn. Ct. App. 2015). “Michael, which indicated that he had been appointed as Special Judge to preside over the rehearing because the judge found it necessary to be absent from holding court pursuant to Tennessee Code Annotated Section 17-2-122(b).7 Special Judge 5 Although the proceedings in the…”
State, ex rel., Melody Kay Rogers v. Donnie O'Keith Lewis (Tenn. Ct. App. 2016). “Tennessee Code Annotated section 17-2-122 provides as follows: (a) Notwithstanding § 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. (b) Sections 16-15-209 and…”
In Re Marterrio H. (Tenn. Ct. App. 2017). “5 5 Tennessee Code Annotated § 17-2-122 provides: -6- (Emphasis added.”
Nedra R. Hastings v. Larry M. Hastings Jr. (2024). “Tenn. Code Ann. § 17-2-122 (A)–(B). Before each appointment, Judge Michael signed a separate order appointing Judge Kessler, and each order stated: 8 Ironically, Mother paid Father’s arrearage judgment in order to bring the State’s involvement in this case to a conclusion.”
— Tenn. Code Ann. § 17-2-122(b) — 7 cases
STATE of Tennessee EX REL. Jamie Joy WILLIAMS v. Deadrick Donnell WOODS, Sr., 530 S.W.3d 129 (2017). “Walker, includes apparent boilerplate language, 6 which reads: The Judge finds it necessary to be absent from holding Court, and pursuant to T.C.A. 17-2-122(b) appoints as substitute judge, David S.”
In re Marcell W. (Tenn. Ct. App. 2015). “Michael, which indicated that he had been appointed as Special Judge to preside over the rehearing because the judge found it necessary to be absent from holding court pursuant to Tennessee Code Annotated Section 17-2-122(b).7 Special Judge 5 Although the proceedings in the…”
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.”
In Re Noah J. (Tenn. Ct. App. 2015).
In Re Marterrio H. (Tenn. Ct. App. 2017). “5 5 Tennessee Code Annotated § 17-2-122 provides: -6- (Emphasis added.”
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