The Court System in Tennessee

Tennessee Courts

The Tennessee court system is made up of the Supreme Court, appellate courts, trial courts, and courts with limited jurisdiction. Limited jurisdiction means these courts can only hear certain legal issues. These are the general sessions courts, juvenile courts, and municipal courts.

There is a court clerk for each type of court. The court clerks schedule hearings, accept filings, and do other support work for their court. The Administrative Office of the Courts supports the Supreme Court and the entire court system.

The Tennessee Supreme Court

The Tennessee Supreme Court is the highest court in Tennessee. The Court has 5 judges, called justices, who decide the cases together.

The Supreme Court is called the court of last resort because it decides appeals from lower courts. The Court interprets state and federal law and constitutions. When there is a need for a quicker decision, the Court can take over cases from the appellate courts.

The Supreme Court handles appeals in civil cases and criminal cases. There are no juries, witnesses, or testimonies at the Supreme Court level. Lawyers give written arguments that are called briefs. Lawyers may ask the Supreme Court if they can make oral arguments.

When the Court makes decisions on a case, it does so in writing. Supreme Court decisions are called opinions. If the losing side is unhappy with the decision, it may appeal to the United States Supreme Court.

The Supreme Court usually meets in Jackson, Knoxville, and Nashville. Sometimes they meet in other cities. And a few times a year, they meet in front of Tennessee high schools so the students can have a chance to learn more about the court system.

The Supreme Court justices are elected and evaluated every 8 years. The evaluations are printed in state newspapers to help voters decide whether to keep or replace the judges.

Appellate Courts

There are 2 types of Appellate Courts in Tennessee. They are the Court of Appeals and the Court of Criminal Appeals.

The Court of Appeals hears civil cases. These are cases that don’t involve a crime. The Court of Appeals hears appeals from lower courts. They can also hear appeals from some state boards and commissions. The Court of Appeals has 12 judges that are divided into groups. The groups are called panels. Each panel has 3 judges. The panels hear cases in Jackson, Knoxville and Nashville. They may meet in other parts of the state.

The Court of Criminal Appeals hear appeals of criminal misdemeanor or felony cases. The Court of Criminal Appeals has 12 judges that are divided into groups. The groups are called panels. Each panel has 3 judges. The Court of Criminal Appeals hears cases in Jackson, Knoxville and Nashville. They may meet in other parts of the state.

There are no juries, witnesses, or testimonies at the Appellate Courts. Lawyers give written arguments that are called briefs. Lawyers may ask the Appellate Courts if they can make oral arguments. If the losing side is unhappy with the decision, it may appeal to the Tennessee Supreme Court. If the case involves the death penalty, it will be appealed automatically.

Appellate Court judges are elected and evaluated every 8 years. The evaluations are printed in state newspapers to help voters decide whether to keep or replace the judges.

Trial Courts

Tennessee has 32 judicial districts. Each district has Circuit Courts and Chancery Courts. In some parts of the state, there are separate Criminal Courts for all criminal cases.

Circuit Courts handle many different kinds of cases, including:

Civil,
Criminal, and
Appeals of Municipal, Juvenile, and General Sessions Court decisions.

Chancery Courts are different from other courts. The Chancellor (or judge) can make decisions based on what is fair. The Chancellor does not have to strictly follow the law. Chancery Courts can hear most types of civil cases.

Only some parts of the state have Criminal Courts. The Criminal Courts were added because of the heavy caseload in the Circuit Courts. For districts that have both a Circuit and a Criminal Court, the Criminal Court will hear all the criminal cases. The Criminal Courts also hear misdemeanor appeals of lower court decisions.

There are Probate Courts in two Tennessee counties (Shelby and Davidson). The Probate Court handles cases about:

Wills,
Estates,
Conservatorships, and
Guardianships.

General Sessions Courts

The kinds of cases handled by General Sessions Court vary from county to county. Every county has this type of court. The General Sessions Court handles both criminal and civil cases.

For criminal cases, General Sessions Court has authority over:

Preliminary hearings for felony cases, and
Misdemeanor trials if the defendant gives up his right to a grand jury investigation and trial by jury in a higher court.

General Sessions Court are also known as small claims courts. They handle certain kinds of civil cases when the amount is less than $25,000. General Sessions judges also serve as juvenile judges except in counties where the legislature has set up separate Juvenile Courts. General Sessions judges are elected to 8-year terms.

Guidelines and Helpful Information for People with a Case in General Sessions Court

These guidelines are to assist people who represent themselves in court to be better prepared for court. They also help people who are not lawyers have more guidance on what will happen in court.

The Tennessee Supreme Court Access to Justice Commission has encouraged General Sessions Courts to adopt these guidelines or create their own guidelines to help people understand the court process.

You are encouraged to use a lawyer for help when possible. Lawyers have legal training and experience in appearing before a judge. You may be able to get free legal aid.

Juvenile and Family Courts

Juvenile Courts hear cases about children under 18 who may be delinquent, unruly, dependent, or neglected. The General Sessions Court usually serves as the Juvenile Court unless the county has established a separate Juvenile Court. Paternity cases, custody, child support and other matters related to children of parents who were never married are heard in Juvenile Courts.

Municipal Courts

Municipal Court is also called City Court. Municipal Court is for cases involving city laws. About 300 Tennessee cities have Municipal Courts. In most cases, these courts can fine violators up to $50 and up to 30 days in jail.

Court Clerks

Court clerks help the state courts run efficiently. They:

Maintain court dockets and records,
Take care of administrative matters, and
Serve as goodwill ambassadors to the public.

The Appellate Court Clerk, who is based in Nashville, is appointed by the Supreme Court for a 6-year term. The appellate court clerk oversees the chief deputies and deputy clerks who serve each division.

Circuit Court s clerks also serve as General Sessions Court clerks in counties that do not have General Sessions Court clerks. They are elected in each county, for 4-year terms. Clerks also are elected in counties that have Probate and Criminal Courts.

In Chancery Courts, the clerk is called a “Clerk and Master”, who is appointed by the Chancery Court judge for a 6-year term.

Click here to search for court clerks in your area.

Administrative Office of the Courts (AOC)

The Administrative Office of the Courts (AOC) provides support services to the entire court system, including the Tennessee Supreme Court. The mission of the AOC is to improve the administration of justice and promote confidence in the judiciary.

The director of the AOC oversees all AOC operations and serves as the administrative officer for the courts. The director is appointed by the state Supreme Court.

The AOC does the following:

Prepares annual budgets and administers payroll for the court system,
Provides judicial education, orientation for new judges, law libraries, computers, other equipment, training and technical support for judges and other court personnel,
Oversee Tennessee Supreme Court programs and initiatives,
Assists judges with case assignments and provides assistance to judicial committees,
Manages the state’s criminal court reporters system,
Compiles data, and
Provides funds to court-appointed attorneys who represent clients in criminal matters who cannot afford a lawyer.