LEARN ABOUT ELECTING JUDGES IN TENNESSEE
Judicial Election FAQ
What are the differences between trial court judges and appellate judges?
- Trial judges resolve both factual and legal disputes in civil and criminal cases. Appellate judges review appeals of decisions from trial courts claiming a trial judge or jury made a legal mistake. They do not consider factual disputes.
What is a “partisan” election?
- In partisan elections, candidates are listed on the ballot alongside a label designating political party affiliation (e.g., Democrat or Republican).
What is a “nonpartisan” election?
- In nonpartisan elections, candidates appear on the ballot without reference to any political party (e.g., Democrat or Republican).
Are all judges elected in Tennessee?
- No. Currently, most trial court judges are elected. However, if there is a mid-term vacancy – for example, if a judge retires, resigns, or dies before the end of the judge’s term – the governor fills the position by appointment. Additionally, Tennessee Supreme Court justices, Court of Appeals, and Court of Criminal Appeals judges are appointed by the governor and then run in retention elections to stay in office.
When are judicial elections held?
- Judicial elections are held during the primary election in May and in the general state elections on the first Thursday of August.
Why don’t judges campaign on platforms?
- Judicial candidates are prohibited from making predictions and promises about issues that could arise once they are on the court because their job is to make impartial decisions that relate to the law on the cases before them.
What are the qualifications for running for a judicial seat?
- A person is qualified to run for judicial election after earning a law degree from a law school accredited by the American Bar Association. All candidates must be at least 35 years old for the supreme court and at least 30 years old for all other judgeships. All candidates for judge must also be a resident of the State of Tennessee for at least five years. Furthermore, judicial candidates must be residents in the geographic areas they will serve for at least one year before taking office.
How long is the term of a judge?
- All judges in Tennessee serve eight-year terms. To retain their seats, Circuit, Criminal, Chancery, Juvenile, Probate, and General Sessions Court judges must be re-elected. Judges appointed to the Supreme Court, Court of Appeals, or Court of Criminal Appeals must be retained through a retention election.
Do judges have term limits?
- No, judges do not have limits on the number of times they may be elected.
Why is it important to vote in judicial elections and retention elections?
- Tennessee requires that judges be elected or retained by the voters, so the power over who holds these important positions rests with the voters. Judges make decisions on a wide range of issues, large and small, including traffic, small claims, landlord-tenant, personal injury, criminal, death penalty, probate, guardianship, and others.
What exactly does a judge do?
- Trial judges preside over trials and hearings. In court, judges make decisions on the acceptability of testimony and evidence. Judges also ensure that jurors understand the law. When a jury is not required, the judge decides the case based on applicable law and the judge’s knowledge of the law. Court of Appeals and Court of Criminal Appeals judges decide appeals of civil and criminal trial court decisions. Supreme Court justices decide appeals from lower state courts; resolve conflicts among appellate courts; interpret the laws and constitutions of Tennessee and the United States; and may assume jurisdiction over undecided cases where there is a special need for an expedited decision.
Retention Election FAQ
Why am I being asked to vote on judges?
- Tennessee law requires Tennessee Supreme Court justices, Court of Appeals judges, and Criminal Court of Appeals judges to be placed on the ballot every eight years so voters can determine whether they should remain on the court for another eight-year term. These are called “retention” elections.
What do “yes” and “no” votes mean?
- A “Yes” vote means you want the judge or justice to remain on the court for another eight-year term. A “No” vote means you want the judge or justice to be removed from the court. The majority of voters decide.
Do Appeals Court judges and Supreme Court justices have opponents?
- No. Your vote determines whether each judge or justice should remain on the court. They are not running against opponents or each other.
How do Appeals Court judges and Supreme Court justices get on the court?
- The Governor’s Council for Judicial Appointments accepts applications, interviews the applicants, and recommends a list of qualified people to the governor. The governor then selects someone and delivers a notice of appointment to the chief clerk of the senate and chief clerk of the house of representatives, who in turn notify members of their respective house and refer the notice to the appropriate standing committee. The Tennessee Bureau of Investigation then performs appropriate financial and criminal background investigations of the judicial appointee and turns over all findings to the chair of the standing committees. Within 60 days of the notice of appointment, the general assembly meets in joint session to vote on the confirmation of the appointee. If the appointment is confirmed, the judge or justice will stand for retention election either at the end of their eight-year term, or if filling a vacancy in the next general election.
Which courts are subject to retention elections?
- The Tennessee Supreme Court, the Court of Appeals, and the Criminal Court of Appeals are subject to retention elections.
Can judges who commit unethical acts be removed from office?
- Yes. This can happen after an investigation by the Board of Judicial Conduct. Once the Board thoroughly investigates a complaint and the findings warrant it, they can file formal, public charges against the judge and hold a public hearing. If the Board of Judicial Conduct finds that the charges have been established, they have the power to impose a wide variety of sanctions ranging from a private or public reprimand to recommending that the legislature remove the judge from office. The judge has the right to appeal to the Tennessee Supreme Court, whose decision is final. If the Tennessee Supreme Court affirms the Board of Judicial Conduct’s decision, the case is transferred to the legislature to make the final determination. It takes a two-thirds vote of both houses of the legislature to remove a judge from office.
Can Appeals Court judges and Supreme Court justices state their views on issues that may come before them?
- Canon 4 of the Tennessee Code of Judicial Conduct forbids judges and justices from making promises, pledges, or commitments inconsistent with the impartial performance of the adjudicative duties of judicial duties. Statements of personal views on legal, political, or other issues are not prohibited. However, when making such statements, a judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to their personal views.
Can I read the opinions of the judges and justices in cases they decided?
- Yes. Records of judges’ decisions can be found on the opinions tab of the Court of Appeals, Court of Criminal Appeals, and the Tennessee Supreme Court pages, accessible through the Tennessee State Courts website.
Can I watch videos of the justices and Appeals Court judges at work?
- Yes. Starting October 3, 2018, court arguments before the Tennessee Supreme Court are available to view approximately 21 days after the oral argument on the court's website. Some oral arguments before the Court of Appeals are also recorded and can be found on the court's website.
How can I learn more about judges’ and justices’ backgrounds?
- Biographies can be found under the justices tab of the Supreme Court page and under the judges tab of the Court of Appeals, Court of Criminal Appeals, Circuit, Criminal, Chancery & Business Courts, Juvenile & Family Court, and General Sessions Court pages.
When did Tennessee decide to use the retention election system?
- In the early 1970s, the legislature adopted the retention election system known as the “Tennessee Plan.” Prior to the adoption of the Tennessee Plan, appellate judges were elected in a general election.
Where can I find results from prior judicial retention elections?
- The Tennessee Election Commission maintains a database of election results since 1996. Judicial Retention Elections occur every eight years.
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Learn about Knox County courts and how the judges are selected. | Vote for judges you can trust to make impartial decisions based on fair consideration of the facts and law. |
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