Article VI of the
Tennessee Constitution is entitled
Judicial Department and consists of 14 sections.
Section 1
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Text of Section 1:
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; in the judges thereof, and in
justices of the peace. The Legislature may also vest such jurisdiction in Corporation
Courts as may be deemed necessary. Courts to be holden by justices of
the peace may also be established.
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Section 2
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Text of Section 2:
The Supreme Court shall consist of five judges, of whom not more
than two shall reside in any one of the grand divisions of the state. The judges
shall designate one of their own number who shall preside as chief justice. The
concurrence of three of the judges shall in every case be necessary to a decision.
The jurisdiction of this court shall be appellate only, under such restrictions and
regulations as may from time to time be prescribed by law; but it may possess
such other jurisdiction as is now conferred by law on the present Supreme Court.
Said court shall be held at Knoxville, Nashville and Jackson.
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Section 3
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Text of Section 3:
The judges of the Supreme Court shall be elected by the qualified
voters of the state. The Legislature shall have power to prescribe such rules as
may be necessary to carry out the provisions of section two of this article. Every
judge of the Supreme Court shall be thirty-five years of age, and shall before
his election have been a resident of the state for five years. His term of service
shall be eight years.
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Section 4
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Text of Section 4:
The Judges of the Circuit and Chancery Courts, and of other
Inferior Courts, shall be elected by the qualified voters of the district or circuit
to which they are to be assigned. Every judge of such courts shall be thirty
years of age, and shall before his election, have been a resident of the state for
five years, and of the circuit or district one year. His term of service shall be
eight years.
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Section 5
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Text of Section 5:
An attorney general and reporter for the state, shall be appointed
by the judges of the Supreme Court and shall hold his office for a term of eight
years. An attorney for the state for any circuit or district, for which a judge
having criminal jurisdiction shall be provided by law, shall be elected by the
qualified voters of such circuit or district, and shall hold his office for a term of
eight years, and shall have been a resident of the state five years, and of the
circuit or district one year. In all cases where the attorney for any district fails
or refuses to attend and prosecute according to law, the court shall have power
to appoint an attorney pro tempore.
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Section 6
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Text of Section 6:
Judges and attorneys for the state may be removed from office by
a concurrent vote of both Houses of the General Assembly, each House voting
separately; but two-thirds of the members to which each House may be entitled
must concur in such vote. The vote shall be determined by ayes and noes, and
the names of the members voting for or against the judge or attorney for the
state together with the cause or causes of removal, shall be entered on the
journals of each House respectively. The judge or attorney for the state, against
whom the Legislature may be about to proceed, shall receive notice thereof accompanied
with a copy of the causes alleged for his removal, at least ten days before the
day on which either House of the General Assembly shall act thereupon.
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Section 7
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Text of Section 7:
The judges of the Supreme or Inferior Courts, shall, at stated
times, receive a compensation for their services, to be ascertained by law, which
shall not be increased or diminished during the time for which they are elected.
They shall not be allowed any fees or perquisites of office nor hold any other
office of trust or profit under this state or the United States.
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Section 8
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Text of Section 8:
The jurisdiction of the Circuit, Chancery and other Inferior Courts,
shall be as now established by law, until changed by the Legislature.
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Section 9
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Text of Section 9:
The judges shall not charge juries with respect to matters of fact,
but may state the testimony and declare the law.
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Section 10
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Text of Section 10:
The judges or justices of the Inferior Courts of Law and Equity,
shall have power in all civil cases, to issue writs of certiorari to remove any
cause or the transcript of the record thereof, from any inferior jurisdiction, into
such court of law, on sufficient cause, supported by oath or affirmation.
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Section 11
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Text of Section 11:
No judge of the Supreme or Inferior Courts shall preside on the
trial of any cause in the event of which he may be interested, or where either of
the parties shall be connected with him by affinity of consanguinity, within
such degrees as may be prescribed by law, or in which he may have been of
counsel, or in which he may have presided in any Inferior Court, except by
consent of all the parties. In case all or any of the judges of the Supreme Court
shall thus be disqualified from presiding on the trial of any cause or causes, the
court or the judges thereof, shall certify the same to the governor of the state, and
he shall forthwith specially commission the requisite number of men, of law knowledge,
for the trial and determination thereof. The Legislature may by general
laws make provision that special judges may be appointed, to hold any courts the
judge of which shall be unable or fail to attend or sit; or to hear any cause in
which the judge may be incompetent.
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Section 12
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Text of Section 12:
All writs and other process shall run in the name of the state of
Tennessee and bear test and be signed by the respective clerks. Indictments
shall conclude, “against the peace and dignity of the state.”
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Section 13
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Text of Section 13:
Judges of the Supreme Court shall appoint their clerks who
shall hold their offices for six years. Chancellors shall appoint their clerks and
masters, who shall hold their offices for six years. Clerks of the Inferior Courts
holden in the respective counties or districts, shall be elected by the qualified
voters thereof for the term of four years. Any clerk may be removed from office for
malfeasance, incompetency or neglect of duty, in such manner as may be prescribed
by law.
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Section 14
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Text of Section 14:
No fine shall be laid on any citizen of this state that shall exceed
fifty dollars, unless it shall be assessed by a jury of his peers, who shall
assess the fine at the time they find the fact, if they think the fine should be
more than fifty dollars.
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