Tennessee Code Annotated

Tenn. Code Ann. § 40-5-102 (2026)

Officials who are magistrates

✓ current as of May 2026

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The following are magistrates within the meaning of this part:

(1) The judges of the supreme court;

(2) The judges of the circuit and criminal courts;

(3) Judicial commissioners;

(4) Judges of the courts of general sessions;

(5) City judges in cities and towns; and

(6) Judges of juvenile courts.

Code 1858, § 5016; Shan., § 6975; Code 1932, § 11514; Acts 1978, ch. 933, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-603; Acts 1993, ch. 115, § 5; 1993, ch. 241, § 65.

Notes of Decisions

Cited in 4 cases, 1999–2009 · leading case: United States v. Franklin, 284 F. App'x 266 (6th Cir. 2008).

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United States v. Franklin, 284 F. App'x 266 (6th Cir. 2008). · cites it 3× “Tenn. Code Ann. § 40-5-102 ; Tenn. Code Ann.”

United States v. Scott, 69 F. Supp. 2d 1018 (E.D. Tenn. 1999). · cites it 2× “Tenn. Code Ann. § 40-5-102 . Retired general sessions judges are not included on this list.”

State of Tennessee v. Timothy Jerome Washington, Alias Timothy Jerome Hughlett (Tenn. Crim. App. 2009). · cites it 2× “Thus, the document was (1) an order, (2) in writing, (3) stating that the Defendant was accused of having violated the terms of his community corrections sentence because he had obtained new charges, (4) commanding the issuance of process addressed to “any authorized law…”

United States v. Pennington, 115 F. Supp. 2d 910 (W.D. Tenn. 2000). · cites it 2× “See Tenn.Code Ann. § 40-5-102 (1997). 7 . Apparently Judge Austin was in his barn at the time the officer needed the search warrant, and thus unreachable by telephone.”

— Tenn. Code Ann. § 40-5-102(2) — 1 case

State of Tennessee v. Timothy Jerome Washington, Alias Timothy Jerome Hughlett (Tenn. Crim. App. 2009). “Thus, the document was (1) an order, (2) in writing, (3) stating that the Defendant was accused of having violated the terms of his community corrections sentence because he had obtained new charges, (4) commanding the issuance of process addressed to “any authorized law…”

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