§ 37-1-124 — Conduct of hearing

Tennessee § 37-1-124

• Jurisdiction: Tennessee
• Title: 37

Text

(a) Except as provided in subsection (d), hearings pursuant to this part shall be conducted by the court without a jury, in an informal but orderly manner, separate from other proceedings not included in § 37-1-103 . (b) The district attorney general or city or county attorney, or any attorney, upon request of the court, shall present the evidence in support of the petition and otherwise conduct the proceedings on behalf of the state. (c) Minutes of all proceedings shall be kept by the court. (d) (1) If a juvenile is alleged to have committed an act that would require the juvenile to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the juvenile has a right to a jury trial at the adjudication hearing. (2) The juvenile must be advised of the right to a jury trial by the juvenile court. (3) The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of the juvenile's right to a trial by jury and after consultation with the juvenile's attorney. A waiver of the right to a jury trial must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court shall inquire on the record to ensure that the waiver was made in a knowing and voluntary manner. (4) (A) If a juvenile does not waive the juvenile's right to a jury trial, then the adjudication hearing must be conducted in the circuit or criminal court by a circuit or criminal court judge. (B) If the juvenile is adjudicated delinquent by a jury and the juvenile is required to be classified as a serious youthful offender pursuant to § 37-1-131(g) , then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(g) . (C) If the juvenile is adjudicated delinquent by the jury for an offense that does not require the juvenile to be classified as a serious youthful offender, then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(a)-(e) . (5) If a juvenile waives the juvenile's right to a jury trial, then the adjudication hearing must be conducted by the juvenile court. (6) Title 40 and the Tennessee Rules of Criminal Procedure not in conflict with this part that regulate criminal jury trials in circuit or criminal court apply to jury trials for juveniles subject to classification as a serious youthful offender pursuant to § 37-1-131(g) . (7) (A) The speedy trial requirements of § 40-14-101 apply to an adjudication hearing before a jury in circuit or criminal court. (B) Unless good cause is shown, an adjudication hearing before a jury in circuit or criminal court must be held within one (1) year of the juvenile being advised of the juvenile's right to a trial by jury.

Legislative History

Amended by 2024 Tenn. Acts, ch. 1007,s 5, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2024 Tenn. Acts, ch. 1007,s 4, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2016 Tenn. Acts, ch. 600, s 3, eff. 7/1/2016. Acts 1970, ch. 600, § 24; T.C.A., § 37-224; Acts 2007 , ch. 199, §§ 3, 4.