Crawford v. Gilpatrick

646 S.W.2d 433, 1983 Tenn. LEXIS 608
CourtTennessee Supreme Court
DecidedFebruary 14, 1983
StatusPublished
Cited by5 cases

This text of 646 S.W.2d 433 (Crawford v. Gilpatrick) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawford v. Gilpatrick, 646 S.W.2d 433, 1983 Tenn. LEXIS 608 (Tenn. 1983).

Opinion

OPINION

COOPER, Justice.

This is an appeal from a decree of the Chancery Court of Clay County holding void an election for judicial office and declaring the office vacant.

Thomas Crawford and Granville Gilpa-trick were candidates for the office of Judge of the General Sessions Court of Clay County in the election held on August 5, 1982. Mr. Gilpatrick received the majority of the votes cast for the office, and was certified by the Clay County Election Commission as having been elected as Judge. Within the statutorily designated ten (10) day period for the filing of an election contest,1 Thomas Crawford filed a complaint challenging Mr. Gilpatrick’s qualifi[434]*434cations for the office and seeking a declaration that Mr. Gilpatrick’s election was void. On trial of the complaint, the chancellor concluded that Mr. Gilpatrick was not qualified to hold the office to which he had been elected, since he was not a licensed attorney, and declared the election to be void and the office vacant from and after September 1, 1982. Appellant insists that the chancellor erred in holding that the Judge of the General Sessions Court of Clay County must be a licensed attorney.

The General Sessions Court of Clay County was created in 1949 by a private act of the legislature.2 The jurisdiction given the court was that generally possessed by justices of the peace. Section 9 of the Act provided that:

[Tjhere shall be one Judge for said Court, who shall be a practicing attorney, duly licensed under the laws of this State to engage in the practice of law, and who shall possess the same requirements as do Chancellors of this State.

In 1959, the legislature undertook to create a state-wide system of courts of general sessions.3 See Biggs v. Memphis Loan & Thrift Co., 215 Tenn. 294, 385 S.W.2d 118 (1964). Qualifications for judges for each court created under the act were those “provided by the Constitution of the State of Tennessee for inferior courts.” T.C.A. § 16-15-201. No attempt was made in the statute to change existing sessions courts. To the contrary the act expressly provided in T.C.A. § 16-15-501(c), that:

From and after September 1, 1960, all courts of general sessions in this state created by private act shall have the powers and jurisdiction conferred by this chapter and §§ 18-4-201-18-4-203, 20-12-143, 27-5-108,40-118,40-424 and 40-245, and in addition, shall have such further powers and jurisdiction as may be conferred by the private act creating said court. It is not the intention of this chapter to divest any court of general sessions of any jurisdiction conferred by any private act. Neither shall the chapter affect the powers, jurisdiction, or provisions governing the operation of any court of general sessions created by any private act of the general assembly in 1959 or any previous general assembly, anything in this chapter to the contrary notwithstanding.

Appellant of course insists that the 1959 public act had the effect of removing the specific requirement in the 1949 private act that the judge of the Clay County Court of General Sessions be “duly licensed under the laws of this State.” It is not necessary that we answer this question since the legislature, by private act passed in 1963,4 amended Chapter 285 of the Private Acts of 1949 to delete the specific requirement that the General Sessions Judge of Clay County must be a practicing attorney duly licensed to practice law in this state. Left intact by the amendment was the requirement that the general sessions judge in Clay County possess the same requirements as a chancellor. The effect of the amendment was not immediately self-evident. In a prior session, the legislature had passed a general law which provided that judges of the appellate courts, “chancery courts, circuit courts, and criminal courts, and courts exercising the jurisdiction imposed in one or more of the last three (3) named courts, shall be learned in the law, which must be evidenced by said judge being authorized to practice law in the courts of Tennessee.” T.C.A. § 17-119 (now 17-l-106)(a). All sessions courts have some jurisdiction which overlaps jurisdiction of the basic trial courts of this state.

In State v. Freshour, 219 Tenn. 482, 410 S.W.2d 885 (1967), this court held that T.C.A. § 17-119 did not amend Chapter 109 of the PUBLIC ACTS OF 1959, which created courts of general sessions in every county not expressly excepted, but applied only to those general sessions courts upon which the legislature has conferred jurisdic[435]*435tion over and beyond that which is generally conferred on general sessions courts. See also Ray v. Weaver, 586 S.W.2d 828 (Tenn.1979).

To further confuse the issue, and apparently because of a delay in getting the issue before the courts, the legislature in 1965 amended T.C.A. § 17-119 to except from its provisions county judges and judges of the courts of general sessions in certain counties of the state on a population basis. Clay County was included in the exception. At the time, the jurisdiction of the General Sessions Court of Clay County was so limited that the qualifications for judges set forth in T.C.A. § 17-119, were not applicable even without the amendment. See State v. Freshour, supra.

Up to this point then, there was nothing in either the public or private acts of the legislature which required that the judge of the General Sessions Court of Clay County be licensed to practice law in the courts of Tennessee.

In 1973, the legislature passed a private act creating a Court of Common Pleas of Clay County.5 Section 2 of the Act provides that the General Sessions Judge of Clay County shall also be the judge of the Court of Common Pleas. Section 4 of the Act gives the court concurrent jurisdiction with the circuit and chancery courts in worker’s compensation, divorce, and habeas corpus cases, and “those powers specifically conferred by T.C.A. § 23-1201 [now § 29-31-101].” Section 4 further provides that the judge of the court of common pleas “may sit by interchange with the Circuit and Criminal Judges and the Chancellor, and they with him, in such county.” Section 7 provides that the judge of the court of common pleas will be paid an annual salary of four thousand dollars ($4,000.00) in addition to his salary as general sessions judge. Section 8 provides that the judge of the court of common pleas shall possess the same qualifications as circuit judges and chancellors.

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Related

Sandi D. Jackson v. Mitchell B. Lanphere
Court of Appeals of Tennessee, 2011
The City of White House v. Whitley
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Gilpatrick v. Reneau
661 S.W.2d 863 (Tennessee Supreme Court, 1983)
City of Alcoa v. Blount County
658 S.W.2d 116 (Court of Appeals of Tennessee, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
646 S.W.2d 433, 1983 Tenn. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-gilpatrick-tenn-1983.