The Court of Criminal Appeals must have 12 judges, and each judge must meet age, residency, and law-license requirements.
The court of criminal appeals shall be composed of twelve (12) judges, of whom no more than four (4) shall reside in any grand division of the state. Immediately preceding appointment, each judge shall be at least thirty (30) years of age, shall have been a resident of the state for at least five (5) consecutive years, shall have been a resident of the grand division from which the judge is appointed for at least one (1) year. For purposes of this section, “resident” has the same meaning as defined in § 2-1-104 . The judges shall be duly licensed to practice law in this state. Acts 1967, ch. 226, § 2; 1969, ch. 330, §§ 1, 2; 1976, ch. 636, § 1; T.C.A., § 16-442; Acts 1996, ch. 847, §§ 1, 2; 2016, ch. 528, § 5. Compiler's Notes. For the Preamble to the act concerning an orderly procedure for the appointment, confirmation, and retention of appellate court judges as required by Tennessee Constitution, Article VI, Section 3, please refer to Acts 2016, ch. 528. Amendments. The 2016 amendment rewrote the second sentence which read: “Each judge shall not be less than thirty (30) years of age and shall have been a citizen and resident of the state for at least five (5) years prior to appointment or election under this chapter.” Effective Dates. Acts 2016, ch. 528, § 23. January 28, 2016. Cross-References. Grand divisions, title 4, ch.1, part 2. Law Reviews. The Tennessee Court of Criminal Appeals: A Study and Analysis (Daniel J. Foley), 66 Tenn. L. Rev. 427 (1999). Attorney General Opinions. Factors used to determine residency status, OAG 95-019 (3/27/95). Cited: Nix v. State, 1 Tenn. Crim. App. 517, 446 S.W.2d 266, 1969 Tenn. Crim. App. LEXIS 338 (Tenn. Crim. App. 1969); McGee v. State, 2 Tenn. Crim. App. 100, 451 S.W.2d 709, 1969 Tenn. Crim. App. LEXIS 356 (Tenn. Crim. App. 1969). NOTES TO DECISIONS 1. Residency Requirements. 1. Residency Requirements. Since judges of intermediate appellate courts are not assigned to any district or circuit, voting by district or circuit is not required, and this is in no way changed by the requirement that no more than four of the 12 judges on each intermediate appellate court may reside in any one of three grand divisions of Tennessee; a district is a political subdivision, and while a district usually connotes a subunit of a county and may be subject to reconfiguration, a grand division refers to one of three permanently defined, large umbrella units, each composed of many counties and districts, and a grand division is not a district within the meaning of the Constitution. Hooker v. Haslam, 437 S.W.3d 409, 2014 Tenn. LEXIS 934 (Tenn. Apr. 23, 2014). Statutes creating the intermediate courts of appeal distinguish between a residency requirement for a candidate for office and residence of voters for purposes of voting in exactly the same way as does the Constitution in establishing the Supreme Court; in both instances, a judicial candidate can be required to live in a certain geographic area as a qualification for office, but still be elected statewide without regard to geographic area in which the qualified voters reside. Hooker v. Haslam, 437 S.W.3d 409, 2014 Tenn. LEXIS 934 (Tenn. Apr. 23, 2014). Even if a grand division were deemed to be a district, the statutory limitation on residence by grand division would still be irrelevant, since the judges of the intermediate appellate courts are not assigned to any grand division; the statutory residence requirement by grand division is merely a limiting qualification for the office of intermediate appellate judge, and it is not a limitation on voting. Hooker v. Haslam, 437 S.W.3d 409, 2014 Tenn. LEXIS 934 (Tenn. Apr. 23, 2014).