Tennessee Code Annotated

Tenn. Code Ann. § 8-47-116 (2026)

Suspension pending hearing - Filling of vacancy

✓ current as of May 2026

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Upon petition or complaint being filed, praying for a writ of ouster against any of the officers herein named, and whether such action is brought by the attorney general and reporter, district attorney general, county attorney, city attorney, or by relator citizens and freeholders, the court, judge, or chancellor may, on application of the attorney general and reporter, the district attorney general for the state, the county attorney, city attorney, or relator citizens and freeholders bringing such action, suspend such officer or officers so accused from performing any of the duties of their office, pending a final hearing and determination of the matter; and, thereupon, the vacancy shall be filled as the law provides for the filling of vacancies in such office, and such person or persons so filling such vacancy shall carry on the duties of the office until such hearing shall be finally determined or until the successor of the officer so suspended shall be elected or appointed as provided by law, and shall have qualified.

Acts 1915, ch. 11, § 10; Shan., § 1135a16; Code 1932, § 1892; T.C.A. (orig. ed.), § 8-2716.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1981–2025 · leading case: State Ex Rel. Jones v. Looper, 86 S.W.3d 189 (Tenn. Ct. App. 2000).

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State Ex Rel. Jones v. Looper, 86 S.W.3d 189 (Tenn. Ct. App. 2000). · cites it 6× “In addition, both Petitioners filed applications for an order *192 of suspension, pursuant to Tenn.Code Ann. § 8-47-116, seeking to suspend Mr.”

The Commissioners of the Powell-Clinch Util. Dist. v. Util. Mgmt. Review Bd., 427 S.W.3d 375 (Tenn. Ct. App. 2013). · cites it 2× “Tenn.Code Ann. § 8-47-116. A hearing on a motion to suspend can be held on as little as five (5) days' notice.”

State Ex Rel. Carney v. Crosby, 255 S.W.3d 593 (Tenn. Ct. App. 2008). · cites it 2× “Tenn.Code Ann. § 8-47-116. Following the final hearing and entry of judgment, either party may appeal the trial court’s decision.”

State v. Blazer, 619 S.W.2d 370 (Tenn. 1981). · cites it 2× “T.C.A. §§ 8-47-116, 117. There are further provisions for a judgment of ouster upon conviction or restoration to office upon acquittal.”

State of Tennessee Ex Rel Landle Byrge v. Nicholas Jay Yeager, 472 S.W.3d 657 (Tenn. Ct. App. 2015). · cites it 2× “Tenn.Code Ann. § 8-47-116. They provide that a hearing on a motion to: suspend can be held on as little *664 as five days’ notice.”

State v. Looper (Tenn. Ct. App. 1998). · cites it 6× “In addition, both Petitioners filed applications for an order of suspension, pursuant to Tenn. Code Ann. § 8-47-116 , seeking to suspend Mr.”

State Ex Rel Adolphus Pelley v. Bo Perkinson (Tenn. Ct. App. 2025). · cites it 2× “” See Tenn. Code Ann. §§ 8-47-116 , -117 (West 1915 to current).”

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