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TCA 40-1-111

Appointment of judicial commissioners or magistrates – Duties – Terms – Compensation – Continuing education

FELONYFelony

What does this charge mean?

This statute outlines how counties can appoint judicial commissioners or magistrates, their duties, terms of service, pay, and continuing education requirements (the provided text is incomplete).

Penalty Details

ClassificationFelony
Penalty SummaryFelony
(a) Ask a legal question, get an answer ASAP!(1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Probable cause: A reasonable ground for belief that the offender violated a specific law.Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105Statute: A law passed by a legislature.Summons: Another word for subpoena used by the criminal justice system.written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(1) (A) The chief legislative body of any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census may appoint, and the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, may initially appoint one (1) or more judicial commissioners whose duty or duties shall include, but not be limited to, the following: (i) Issuance of search warrants and felony arrest warrants upon a finding of probable cause and pursuant to requests from on-duty law enforcement officers and in accordance with the procedures outlined in chapters 5 and 6 of this title; (ii) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103; (iii) The appointing of attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (iv) The setting and approving of bonds and the release on recognizance of defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; and (v) Issuance of injunctions and other appropriate orders as designated by the general sessions judges in cases of alleged domestic violence. (B) (i) This subdivision (a)(1)(B)(i) applies to any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census. The term or terms of the officers shall be established by the chief legislative body of the county to which this subdivision (a)(1)(B)(i) applies but shall not exceed a four-year term. No member of the county legislative body of any county to which this subdivision (a)(1)(B)(i) applies shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(i) to the contrary, the presiding general sessions criminal judge of a county to which this subdivision (a)(1)(B)(i) applies may appoint a temporary or part-time judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The legislative body of any county to which this subdivision (a)(1)(B)(i) applies, in appointing, evaluating and making decisions relative to retention and reappointment, shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (ii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, shall be by the general sessions judges of that county. The term or terms of the officers shall be established by the general sessions criminal court judges of the county but shall not exceed a four-year term. No member of the county legislative body of the county shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(ii) to the contrary, the presiding general sessions criminal court judge of the county may appoint a temporary, or part-time, judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The general sessions judges of the county in appointing, evaluating and making decisions relative to retention and reappointment shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (iii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population
View on official sourceLast verified: Feb 25, 2026

Quick Facts

FELONY
TCA Section40-1-111