§ 37-1-107 — Magistrates

Tennessee § 37-1-107

• Jurisdiction: Tennessee
• Title: 37

Text

(a) (1) The judge of the juvenile court may appoint one (1) or more suitable persons to act as magistrates at the pleasure of the judge. A magistrate shall be a member of the bar and may qualify and shall hold office at the pleasure of the judge. The compensation of a magistrate shall be fixed by the judge with the approval of the county legislative body or the pertinent governing body, and paid from public funds. (2) In any county with a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census, the child support magistrate appointed to serve the chancery court shall also serve the juvenile court. (b) The judge may direct that any case or class of cases over which the juvenile court has jurisdiction shall be heard in the first instance by the magistrate. These cases shall be conducted in the same manner as cases heard by the judge. In the conduct of the proceedings, the magistrate shall have the powers of a judge and shall have the same authority as the judge to issue any and all process. (c) Upon conclusion of the hearing, the magistrate shall file an order containing written findings of fact, conclusions of law, and recommendations. The magistrate shall also inform each party of the right to request a review by the juvenile court judge, the time limits within which a request for a review must be perfected, and the manner in which to perfect the request for a review. (d) (1) (A) A party may, within ten (10) days after entry of the magistrate's order, file with the court a written request for a review of the record by the juvenile court judge. The request must include written exceptions to the magistrate's findings, conclusions, or recommendations, and specify the findings to which the party objects, the grounds for the objection, and the party's proposed findings, conclusions, or recommendations. (B) The juvenile court judge shall not grant a review when the party requesting the review did not participate in the hearing before the magistrate in good faith. (C) A review by the juvenile court judge is not a hearing and is limited to those matters for which exceptions have been filed. (D) The juvenile court judge shall afford the magistrate's findings, conclusions, and recommendations a presumption of correctness. The judge shall modify the magistrate's findings only when, after review, the judge makes a written finding that an abuse of discretion exists in any or all of the magistrate's findings, conclusions, or recommendations. (E) The judge shall issue written findings, conclusions, or recommendations, or may schedule the matter for a new hearing of any issues the judge deems necessary, with notice to all parties. (2) Notwithstanding subdivision (d)(1), no later than ten (10) days after the entry of the magistrate's order, the judge may, on the judge's own initiative, order a new hearing of any matter heard before a magistrate. (3) If a child pleads guilty or no contest before a magistrate in a delinquency or unruly proceeding, then the child waives the right to request a review by the juvenile court judge, and the judge shall not order an adjudicatory hearing or review in such proceeding. If the plea includes an agreement as to disposition, then the child also waives the right to request a review before the judge regarding disposition, and the judge shall not order a hearing or review in such proceeding. (4) This section does not alter the court's jurisdiction to hear post-dispositional issues, including, but not limited to, judicial reviews or collateral challenges. (5) If a delinquency or unruly petition is dismissed by the magistrate after a hearing on the merits, then there is no right to a hearing or review. (6) Unless the judge orders otherwise, the order of the magistrate is the order of the court pending any review or hearing. (e) If no review before the judge is requested, or a review is expressly waived by all parties within the specified time period, then the magistrate's order becomes the order of the court. A party may appeal the order pursuant to § 37-1-159 . (f) Any hearing by a magistrate on any preliminary matter shall be final and not reviewable by the judge of the juvenile court, except on the court's own initiative. The setting of bond in detention hearings and any matter that is a final adjudication of a child shall not be construed to be preliminary matters under this section and are reviewable by the judge of the juvenile court upon request or upon the court's own initiative, except as provided in this section. (g) All parties to the hearing before the magistrate are parties to any review conducted by the judge or any hearing that may be set by the judge following the review.

Legislative History

Amended by 2023 Tenn. Acts, ch. 241, s 2, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 241, s 1, eff. 4/25/2023. Amended by 2019 Tenn. Acts, ch. 312, s 1, eff. 5/8/2019. Amended by 2016 Tenn. Acts, ch. 716, s 1, eff. 7/1/2016. Acts 1975, ch. 256, §§ 2-5; 1981, ch. 458, § 1; 1983, ch. 88, § 1; 1983, ch. 254, § 2; T.C.A., § 37-207; Acts 1999, ch. 393, §§ 1, 2; 2008 , ch. 646, § 1; 2009 , ch. 235, § 1.