TCA § 23-3-102 — Public officers prohibited from practicing
AI-assisted research summary: Certain public officers and court officials are barred from practicing law, with a limited wind-down period for newly elected or appointed judges and chancellors, and a narrow pro bono exception for some state employees.
Judges and chancellors are prohibited from practicing law in any of the courts of this state. A newly elected or appointed judge or chancellor can practice law only in an effort to wind up the judge or chancellor's practice, ceasing to practice as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming office. The clerks of the several courts and their deputies are also prohibited from practicing in their own courts, or in any causes commenced, brought to or carried from their courts, or commenced in any court from which an appeal lies to their court. Sheriffs and other executive officers shall not practice law in the county for which they were elected, or in any cause, originating or pending in the courts of that county. With the exception of judges, chancellors and justices, nothing in this section or any other law shall be construed to prohibit employees of the executive and judicial branches of the government of this state who are licensed to practice law in this state from voluntarily providing pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to § 16-3-808 and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program. Code 1858, § 3969 (deriv. Acts 1817, ch. 51, § 2; 1827, ch. 63, § 1); Shan., § 5780; Code 1932, § 9973; T.C.A. (orig. ed.), § 29-301; Acts 2009, ch. 7, § 2; 2012, ch. 789, § 6. Amendments. The 2009 amendment added the last sentence. The 2012 amendment added the second sentence. Effective Dates. Acts 2009, ch. 7, § 4. July 1, 2009. Acts 2012, ch. 789, § 7. April 23, 2012. Cross-References. Sheriff prohibited from appearing as attorney, § 8-8-205 . Law Reviews. Illegal Practice of Law by Laymen, 20 Tenn. L. Rev. 278. NOTES TO DECISIONS 1. Clerk and Master as Party Litigant. 1. Clerk and Master as Party Litigant. Where clerk and master signed bill as party litigant and not as attorney such fact although grounds for his removal was not grounds for dismissal of the suit. Walsh v. Rose, 29 Tenn. App. 78, 193 S.W.2d 118, 1945 Tenn. App. LEXIS 111 (Tenn. Ct. App. 1945). Collateral References. 46 Am. Jur. 2d Judges § 34. 14 C.J.S. Clerks and Courts § 90; 48 C.J.S. Judges § 9. Judicial office, what amounts to practice of law within constitutional or statutory provision making such practice a condition of eligibility to, or forbidding such practice by one holding a judicial position. 106 A.L.R. 508 . Propriety and permissibility of judge engaging in practice of law. 89 A.L.R.2d 886. Attorney and client 14.