§ 17-2-109 — Special judge by judicial appointments

(a) (1) Whenever litigation in any chancery, circuit, criminal, general sessions, juvenile, probate or appellate court of this state becomes congested or delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court shall assign a retired or regular chancellor or judge to assist in the removal of the congestion or delay; provided, that the assignment shall not materially interfere with the performance of the assigned chancellor's or judge's official duties. In such situation both chancellors or judges may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes. (2) Whenever litigation in any chancery or circuit court of this state becomes congested, or whenever litigation in any chancery or circuit court has required the recusal of a chancellor or judge, or whenever delay in the disposition of litigation becomes imminent for any reason, the chief justice of the supreme court may assign a former chancellor or judge to assist in the removal of the congestion or delay. (b) Notwithstanding subsection (a), any chancellor or judge has the discretion to request another chancellor or judge to assist in the removal of congestion or delay if the original chancellor or judge becomes aware of the need for assistance before the supreme court makes the assignment; and, in such situation, both the requesting chancellor or judge and the requested chancellor and judge may hear, try and dispose of litigation in such court at the same time, both signing their respective minutes. (c) Nothing in this section shall be construed to interfere with the appointment of special chancellors or judges as provided elsewhere by statute.

Legislative History

Acts 1949, ch. 278; § 1; C. Supp. 1950, § 9945.7 (Williams, § 9923.1); Acts 1963, ch. 87, § 1; T.C.A. (orig. ed.), § 17-215; Acts 1987, ch. 65, § 1; 1995, ch. 236, § 1; 1997, ch. 473, § 5; 1999, ch. 23, § 1.