UnderstandingYour Court System:A Guide to the Judicial BranchPublished by theTennessee Supreme CourtAdministrative Office of the CourtsIntroduction to the TennesseeJudicial SystemThe 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 oflegislation passed by the General Assembly and consider the legality ofadministrative 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 insuch Circuit, Chancery, and other inferior courts as the legislature shall from timeto time ordain and establish ...” (Article VI, Section 1, Constitution of the State ofTennessee). Although not a part of the court system, the offices of the attorney general,district attorneys general and district public defenders are associated with thejudicial branch of state government. The attorney general represents theinterests of the state in civil litigation. The 31 district attorneys serve asprosecuting counsel in criminal cases. Public defenders and court-appointedprivate attorneys represent indigent defendants, primarily in criminal cases.The Supreme Court is the highest court in the state. The five justices arenominated by the Judicial Selection Commission, appointed by the governor andretained by a “yes-no” vote for eight-year terms. The majority of this court’sworkload consists of cases appealed from lower state courts.The Intermediate Appellate Courts - the Court of Appeals and Court ofCriminal Appeals - hear civil and criminal cases appealed from the trial courts.The state’s Trial Courts include Chancery, Criminal, Circuit and ProbateCourts. Judges in these courts are chosen by popular election within their judicialdistricts.The fourth level of courts in Tennessee is composed of the Courts of LimitedJurisdiction - General Sessions, Juvenile and Municipal Courts. These courtsare funded by their respective counties.The TENNESSEE SUPREME COURT isthe state’s highest court and the court of lastresort. The five justices may accept appeals ofcivil and criminal cases from lower state courts.They also interpret the laws and Constitutionsof Tennessee and the United States.The Supreme Court may assumejurisdiction over undecided cases in the Courtof Appeals or Court of Criminal Appeals whenthere is special need for a speedy decision. Thecourt also has appellate jurisdiction in casesinvolving state taxes, the right to hold publicoffice and issues of constitutional law.Attorneys may present oral argumentsbefore the Supreme Court. Unlike trials in lowercourts, there are no witnesses, juries ortestimony in the Supreme Court, Court ofAppeals and Court of Criminal Appeals.After Supreme Court justices have heardoral arguments and reviewed the attorneys’written materials, or briefs, they issue writtenTennessee Supreme CourtourtIntermediate Appellate CourtsThe COURT OF APPEALS, created bythe General Assembly in 1925, hears appealsin civil — or noncriminal — cases from trialcourts and certain state boards andcommissions.The COURT OF CRIMINAL APPEALS,created by the legislature in 1967, hears trialcourt appeals in felony and misdemeanorcases, as well as post-conviction petitions.State law requires the Court of CriminalAppeals to review all death sentences. If acapital case conviction and sentence areaffirmed by the Court of Criminal Appeals, thereis an automatic review by the state SupremeCourt.decisions, known as opinions.Tennessee Supreme Court opinions onconstitutional issues can be appealed only to thefederal courts, which may or may not agree toconsider the appeals.The court normally meets in Jackson,Knoxville and Nashville, as required by the stateconstitution.Judges of the Supreme Court, Court ofAppeals and Court of Criminal Appeals areelected on a “yes-no” ballot every eight years.When a vacancy occurs the 15-member JudicialSelection Commission interviews applicants andrecommends three candidates to the governor,who appoints a new judge to serve until the nextAugust general election.By state law, judges on the three courts mustbe evaluated every eight years. Results of theevaluations are published in newspapers acrossthe state to help voters decide whether the judges“The judicial power of this state shallbe vested in one Supreme Court and insuch Circuit, Chancery and other inferiorcourts as the Legislature shall from time totime ordain and establish ....”Article VI, Section I, Tennessee ConstitutionAll other Court of Appeals and Court ofCriminal Appeals decisions may be appealed,by permission, to the state Supreme CourtEach of the intermediate appellate courtshas 12 members, who normally sit in panels ofthree in Jackson, Knoxville and Nashville. Theymay also meet in other places as necessary.Courts of Limited JurisdictionGENERAL SESSIONS COURT jurisdiction varies from county to county based on statutesand 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 ofactions. Criminal jurisdiction is limited to preliminary hearings in felony cases and trials ofmisdemeanor cases in which a defendant waives the right to a grand jury investigation and trial byjury in Circuit or Criminal Court. General Sessions judges also serve as juvenile judges in allcounties except those in which the legislature has established a separate Juvenile Court. GeneralSessions judges must be attorneys, although non-attorney incumbent judges may continue in officeuntil 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 exceptthose in which the law establishes special Juvenile Courts. Juvenile Courts have exclusive jurisdictionin proceedings involving minors alleged to be delinquent, unruly, dependent and neglected. JuvenileCourts 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 ofcity ordinances. Generally, a city judge has authority to assess fines up to $50
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