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TN SB0255

TN SB0255
AN ACT to amend Tennessee Code Annotated, Title 8; Title 16; Title 17; Title 18; Title 20; Title 21; Title 24; Title 25; Title 26; Title 27; Title 28 and Title 29, relative to courts.


summary

Introduced
01/22/2025
In Committee
Crossed Over
Passed
05/27/2025
Dead
Signed/Enacted/Adopted
05/27/2025

Introduced Session

114th General Assembly

Bill Summary

As enacted, prohibits the disqualification or removal of a municipal judge who was duly elected or appointed to office prior to March 7, 2025, and who is qualified for such office under the laws and interpretations in effect at the time of such election or appointment, due to a residency requirement during the term of office to which the municipal judge was elected or appointed. - Amends TCA Title 8; Title 16; Title 17; Title 18; Title 20; Title 21; Title 24; Title 25; Title 26; Title 27; Title 28 and Title 29.

AI Summary

This bill addresses a specific legal situation involving municipal judges in Tennessee, particularly in response to a Tennessee Supreme Court decision (McNabb v. Harrison) regarding residency requirements. The bill protects municipal judges who were elected or appointed before March 7, 2025, and who do not meet new residency requirements from being disqualified or removed from their current term of office. Specifically, the bill declares that such judges will be considered "de facto officers," meaning their past and ongoing judicial acts, judgments, and decisions will remain valid and legally binding. The new residency requirements established by the court will only be enforced prospectively, beginning with the next regularly scheduled election for municipal judgeships after the bill's effective date. Importantly, the bill emphasizes that while the residency requirement is being addressed, municipal judges must still meet all other existing qualification and eligibility criteria. The act takes effect immediately upon becoming law, as determined by the Tennessee General Assembly.

Committee Categories

Justice

Sponsors (3)

Last Action

Comp. became Pub. Ch. 487 (on 05/27/2025)

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