Every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by methods other than those provided in this chapter, who shall knowingly or willfully commit misconduct in office, or who shall knowingly or willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or who shall in any public place be in a state of intoxication produced by strong drink voluntarily taken, or who shall engage in any form of illegal gambling, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such office and shall be ousted from such office in the manner hereinafter provided.
Acts 1915, ch. 11, § 1; Shan., § 1135a1; Code 1932, § 1877; T.C.A. (orig. ed.), § 8-2701; Acts 2004, ch. 621, § 1.
Notes of Decisions
State Ex Rel. Jones v. Looper, 86 S.W.3d 189 (Tenn. Ct. App. 2000).
· cites it 7× “Byron Looper, the former Property Assessor of Putnam County, appeals the default judgment entered against him in ouster proceedings brought pursuant to Tenn.Code Ann. § 8-47-101, et seq. We affirm the judgment of the trial court.”
State ex rel. Estep v. Peters, 815 S.W.2d 161 (Tenn. 1991).
· cites it 20× “In this direct appeal, we are asked to decide whether a county school superintendent, who knowingly and willfully misapplied public funds without an intent to benefit personally from his actions, may be ousted for misconduct under Tenn.Code Ann. § 8-47-101. The Chancellor’s…”
State Ex Rel. Carney v. Crosby, 255 S.W.3d 593 (Tenn. Ct. App. 2008).
· cites it 14× “Ouster of Public Official Public officials occupying offices of trust may be removed from office pursuant to the Ouster Law, Tenn.Code Ann. § 8-47-101, et seq., pursuant to criteria and a framework established by the General Assembly years ago.”
The Commissioners of the Powell-Clinch Util. Dist. v. Util. Mgmt. Review Bd., 427 S.W.3d 375 (Tenn. Ct. App. 2013).
· cites it 4× “Tenn.Code Ann. § 8-47-101. Accordingly, our case law considering the removal of public officials from office under section 8-47-101 is instructive in this case with respect to whether removal from office for conduct that is arguably neither willful nor knowing “take[s] away or…”
Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995).
· cites it 2× “§ 39-16-401 to § 39-16-406 (1991); Tenn.Code Ann. § 8-47-101 to § 8-47-126 (1993).”
State ex rel. Thompson v. Walker, 845 S.W.2d 752 (Tenn. Ct. App. 1992).
· cites it 7× “On 15 February 1991, the District Attorney caused to be filed on behalf of the State of Tennessee on relation of the District Attorney, a complaint for ouster pursuant to Tennessee Code Annotated, Section 8-47-101, et seq., naming appellants as defendants.”
Marshall v. Sevier Cnty., 639 S.W.2d 440 (Tenn. Ct. App. 1982).
· cites it 2× “Contrastingly, under §§ 8-47-101, et seq., the public officer sues to be reinstated to his office upon charge of misconduct or incompetence.”
State v. Blazer, 619 S.W.2d 370 (Tenn. 1981).
· cites it 2× “*373 The general statutes in this state dealing with the removal of public officials from office, T.C.A. §§ 8-47-101 through 126, were enacted later than the statute now in question.”
State of Tennessee Ex Rel Landle Byrge v. Nicholas Jay Yeager, 472 S.W.3d 657 (Tenn. Ct. App. 2015).
· cites it 2× “director is not an office of public trust,, this court finds Tennessee Code Annotated § 8-47-101, et. seq., is not applicable to the removal of respondent, and petitioners can prove no set of facts which-would entitle them to relief.”
Cotton v. Williamson Cnty. Gov't (M.D. Tenn. 2023).
· cites it 6× “Once appointed, full-time judicial commissioners can only be removed from office during their term by ouster, governed by Tenn. Code Ann. §§ 8-47-101 et seq. See Tenn.”
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