Understanding Your Court System: A Guide to the Judicial Branch Published by the Tennessee Supreme Court Administrative Office of the Courts Introduction to the Tennessee Judicial System The judicial branch, one of the three basic divisions of state government, serves as a check on the powers of both the legislative and executive branches. Through the power of judicial review, the courts rule on the constitutionality of legislation passed by the General Assembly and consider the legality of administrative policies and regulations. Tennessee’s judicial system is derived from a constitutional foundation: “The judicial power of this state shall be vested in one Supreme Court and in such Circuit, Chancery, and other inferior courts as the legislature shall from time to time ordain and establish ...” (Article VI, Section 1, Constitution of the State of Tennessee). Although not a part of the court system, the offices of the attorney general, district attorneys general and district public defenders are associated with the judicial branch of state government. The attorney general represents the interests of the state in civil litigation. The 31 district attorneys serve as prosecuting counsel in criminal cases. Public defenders and court-appointed private attorneys represent indigent defendants, primarily in criminal cases. The Supreme Court is the highest court in the state. The five justices are nominated by the Judicial Selection Commission, appointed by the governor and retained by a “yes-no” vote for eight-year terms. The majority of this court’s workload consists of cases appealed from lower state courts. The Intermediate Appellate Courts - the Court of Appeals and Court of Criminal Appeals - hear civil and criminal cases appealed from the trial courts. The state’s Trial Courts include Chancery, Criminal, Circuit and Probate Courts. Judges in these courts are chosen by popular election within their judicial districts. The fourth level of courts in Tennessee is composed of the Courts of Limited Jurisdiction - General Sessions, Juvenile and Municipal Courts. These courts are funded by their respective counties. Tennessee Supreme Courtourt The TENNESSEE SUPREME COURT is decisions, known as opinions. the state’s highest court and the court of last Tennessee Supreme Court opinions on resort. The five justices may accept appeals of constitutional issues can be appealed only to the civil and criminal cases from lower state courts. federal courts, which may or may not agree to They also interpret the laws and Constitutions consider the appeals. of Tennessee and the United States. The court normally meets in Jackson, The Supreme Court may assume Knoxville and Nashville, as required by the state jurisdiction over undecided cases in the Court constitution. of Appeals or Court of Criminal Appeals when Judges of the Supreme Court, Court of there is special need for a speedy decision. The Appeals and Court of Criminal Appeals are court also has appellate jurisdiction in cases elected on a “yes-no” ballot every eight years. involving state taxes, the right to hold public When a vacancy occurs the 15-member Judicial office and issues of constitutional law. Selection Commission interviews applicants and Attorneys may present oral arguments recommends three candidates to the governor, before the Supreme Court. Unlike trials in lower who appoints a new judge to serve until the next courts, there are no witnesses, juries or August general election. testimony in the Supreme Court, Court of By state law, judges on the three courts must Appeals and Court of Criminal Appeals. be evaluated every eight years. Results of the After Supreme Court justices have heard evaluations are published in newspapers across oral arguments and reviewed the attorneys’ the state to help voters decide whether the judges written materials, or briefs, they issue written Intermediate Appellate Courts The COURT OF APPEALS, created by All other Court of Appeals and Court of the General Assembly in 1925, hears appeals Criminal Appeals decisions may be appealed, in civil — or noncriminal — cases from trial by permission, to the state Supreme Court courts and certain state boards and commissions. Each of the intermediate appellate courts has 12 members, who normally sit in panels of The COURT OF CRIMINAL APPEALS, three in Jackson, Knoxville and Nashville. They created by the legislature in 1967, hears trial may also meet in other places as necessary. court appeals in felony and misdemeanor cases, as well as post-conviction petitions. “The judicial power of this state shall State law requires the Court of Criminal be vested in one Supreme Court and in Appeals to review all death sentences. If a such Circuit, Chancery and other inferior capital case conviction and sentence are courts as the Legislature shall from time to affirmed by the Court of Criminal Appeals, there time ordain and establish ....” is an automatic review by the state Supreme Court. Article VI, Section I, Tennessee Constitution State Trial Courts Circuit, Chancery and Criminal Court judges in each of the 31 judicial districts annually choose one judge from among them to be the presiding judge for the district. It is the duty of the presiding judge to promote orderly and efficient administration of justice within the district. Trial judges, who are elected to eight year terms, are authorized by statute to exercise jurisdiction in any trial court in the state. CIRCUIT COURTS are courts of general CHANCERY COURTS are a good jurisdiction in Tennessee. Circuit judges hear civil example of the court system’s English heritage. and criminal cases and appeals of decisions from The equity courts are based on the English City, Juvenile, Municipal and General Sessions system in which the chancellor acted as the “King’s courts. The jurisdiction of Circuit Courts often conscience.” Chancellors - as Chancery Court overlaps that of the Chancery Courts. Criminal judges are known - may, by law and tradition, cases are tried in Circuit Court except in districts modify the application of strict legal rules and with separate Criminal Courts. adapt relief to the circumstances of individual cases. CRIMINAL COURTS are established by the General Assembly in areas where they are PROBATE COURT in Shelby County was justified by heavy caseloads. In addition to having created by the legislature and given jurisdiction jurisdiction over criminal cases, Criminal Court over probate of wills and administration of estates. judges hear misdemeanor appeals from lower Probate judges also handle conservatorships and courts. In districts without Criminal Courts, criminal guardianships. cases are handled by Circuit Court judges. Courts of Limited Jurisdiction GENERAL SESSIONS COURT jurisdiction varies from county to county based on statutes and private acts enacted by the legislature. Every county is served by the court of limited jurisdiction, which hears civil and criminal cases, including matters formerly handled by justices of the peace. Civil jurisdiction of General Sessions Courts is restricted to specific monetary limits and types of actions. Criminal jurisdiction is limited to preliminary hearings in felony cases and trials of misdemeanor cases in which a defendant waives the right to a grand jury investigation and trial by jury in Circuit or Criminal Court. General Sessions judges also serve as juvenile judges in all counties except those in which the legislature has established a separate Juvenile Court. General Sessions judges must be attorneys, although non-attorney incumbent judges may continue in office until they retire or are defeated. The judges are elected to eight year terms. JUVENILE COURT jurisdiction is vested in General Sessions Courts in all counties except those in which the law establishes special Juvenile Courts. Juvenile Courts have exclusive jurisdiction in proceedings involving minors alleged to be delinquent, unruly, dependent and neglected. Juvenile Courts also have concurrent jurisdiction with Circuit, Chancery and Probate Courts in some areas. MUNICIPAL COURT, also known as city court, has jurisdiction in cases involving violations of city ordinances. Generally, a city judge has authority to assess fines up to $50 and jail sentences up to 30 days. However, the jurisdiction varies widely from city to city. Clerks of the Appellate & Trial Courts COURT CLERKS ensure the efficient operation of state courts by maintaining dockets and records, handling administrative matters and serving as goodwill ambassadors to the public. The clerk of the appellate courts is appointed by the Supreme Court for a six-year term and is based in Nashville, the Middle Division. The appellate court clerk oversees the chief deputies and deputy clerks who serve each grand division. Circuit Court clerks, elected in each county for four-year terms, also serve as General Sessions Court clerks in counties without designated General Sessions Court clerks. Clerks also are elected in counties with Probate and Criminal Courts. Each Chancery Court is served by a clerk and master who is appointed by the Chancery Court judge for a six-year term. Administrative Office of the Courts The Administrative Office of the Courts (AOC) provides support services to the Tennessee Supreme Court and the entire state court system. The director, appointed by the Supreme Court, is administrative officer for the courts and oversees the AOC. Duties of the office include preparing the court system’s annual budget; providing judicial education, law libraries, computers, other