Court System:  Circuit Court

The circuit court is the traditional trial level "law" court (as opposed to equity court) with broad civil and criminal law jurisdiction. Traditionally, the circuit courts (the "law" courts) applied the common law (case law) and the statutory law. The circuit courts continue to act as law courts, but Tennessee's statutory law has given the circuit courts concurrent jurisdiction with the chancery courts in most civil matters. Circuit courts exercise criminal law jurisdiction as well as civil law jurisdiction in most counties in Tennessee, but in some counties a separate criminal court has been established.

Jefferson County, by general law found in §16-2-506 of Tennessee Code Annotated, is part of the 4th judicial district. Title 16, chapter 10 of Tennessee Code Annotated contains the general law applicable to the circuit court. Judges and chancellors are covered by title 17 of Tennessee Code Annotated.

The following acts were once applicable to the circuit court of Jefferson County but now have no effect, having been repealed, superseded, or having failed to win local approval. Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Territorial Ordinance of 1792, which created Jefferson County, also provided that Courts would be held at the home of Jeremiah Matthews until other arrangements were made.
2. Acts of 1809, Chapter 49, Page 65, formed five Judicial Circuits in Tennessee. The Second Judicial Circuit embraced the Counties of Cocke, Jefferson, Sevier, Blount, Knox, Anderson, Roane, Rhea, and Bledsoe. Circuit Court would be held in Jefferson County on the third Monday in January and July each year.
3. Acts of 1811, Chapter 72, Page 73, repealed the Circuit Court's original jurisdiction in all cases in which the Court of Pleas and Quarter Sessions had formerly had exclusive jurisdiction and returned it to the Court of Pleas and Quarter Sessions.4. Acts of 1813, Chapter 77, Page 101, returned concurrent jurisdiction with the Court of Pleas and Quarter Sessions to the Circuit Court, gave the circuit court equity jurisdiction and provided for appeal from the Court of Pleas and Quarter Sessions to either the Circuit Court or the Supreme Court of Errors and Appeals.
4. Acts of 1827, Chapter 79, Page 82, gave the Circuit Judges the power to try all causes in law or equity as well as in civil and criminal cases.
5. Acts of 1835-36, Chapter 5, Page 38, enacted subsequent to the adoption of a new constitution, provided for at least three terms of the Circuit Court in each county every year. The State was divided into eleven judicial circuits of which the Second Judicial Circuit included the counties of Cocke, Jefferson, Sevier, Blount, Knox, Campbell, Anderson, and Morgan. Circuit Court terms would begin in Jefferson County on the third Monday in January, May, and September in Dandridge.
6. Acts of 1835-36, Chapter 19, Page 89, amended the former 1836 Act (Chapter 5, above) in Section 2 to rearrange the opening dates for the regular Circuit Court terms in some of the counties in the Second Judicial Circuit. Jefferson County would hold the next term of the Circuit Court on the first Monday in April next and the second term on the third Monday in September but after those terms, the courts would begin terms as specified in Chapter 5.
7. Acts of 1837-38, Chapter 3, Page 12, created the 12th Judicial Circuit in the State assigning to it the Counties of Cocke, Sevier, Jefferson, Grainger, Claiborne and Campbell. The Circuit Court in Jefferson County would take place in Dandridge on the first Monday in January, May, and September.
8. Acts of 1837-38, Chapter 116, Page 181, Section 8, rearranged the schedule for the court terms in the 12th Judicial Circuit changing Jefferson County to the third Monday in April, August, and December.
9. Acts of 1847-48, Chapter 16, Page 46, stated that hereafter the Circuit Court of Jefferson County would be held on the second Monday in April, August, and December, the court being kept open until it was time for the judge to move on to another county.
10. Acts of 1847-48, Chapter 171, Page 276, Section 6, declared that all the proceedings of the Jefferson County Circuit Court which occurred at its late term on the third Monday in December would be valid and binding in all respects and on all parties notwithstanding the fact that the present General Assembly had changed the term dates.
11. Acts of 1857-58, Chapter 98, Page 110, in a complete realignment of the lower court system created sixteen Judicial Circuits in the State. The Second Judicial Circuit included the Counties of Campbell, Claiborne, Union, Grainger, Sevier, Cocke, and Jefferson whose court terms would continue to start on the second Monday in April, August, and December of each year.
12. Acts of 1867-68, Chapter 49, Page 60, passed on February 25, 1868, repealed the Act passed on November 26, 1867, which created a Criminal Court Division in the Counties of Johnson, Carter, Washington, Sullivan, Hawkins, Greene, Cocke, Jefferson, Grainger, and Claiborne, as the Act was applied to Grainger, Jefferson, Cocke, and Claiborne Counties.
13. Acts of 1867-68, Chapter 90, Page 375, Section 5, created a Judicial Criminal Division containing the Counties of Johnson, Carter, Washington, Sullivan, Hawkins, Hancock, Greene, Cocke, Jefferson, Grainger, and Claiborne. The Court would begin its terms in Jefferson County on the second Monday in January, May, and September. Jurors for the Court would be supplied by the County Court and the Judge and Attorney General would first be appointed by the Governor and then elected to proper terms at the first general election occurring thereafter. This Act was repealed for Jefferson County by the one preceding it.
14. Acts of 1869-70, Chapter 11, Page 11, repealed in its entirety the 1867 Act which created a Criminal Division in the Circuit Courts of those Counties specified therein. Criminal jurisdiction was returned to the Circuit Courts from whence it was taken by the 1867 Act and all the proper transfers of pending litigation were directed to be made by the Clerks.
15. Acts of 1870, Chapter 31, Page 59, enacted subsequent to the adoption of the 1870 State Constitution provided for fifteen regular, and one special, judicial circuit in Tennessee, assigning the counties of Cocke, Jefferson, Grainger, Union, Sevier, Scott, Campbell, Claiborne, and Hamblen to the Second Judicial Circuit.
16. Acts of 1870, Chapter 46, Page 75, scheduled the opening dates for the regular terms of the Circuit Courts for every county in Tennessee. Jefferson County's Circuit Court would take up its docket on the first Monday in April, August, and December of each year.18. Acts of 1879, Chapter 140, Page 181, Section 2, declared that, after the next term of Court, the Circuit Court of Jefferson County would meet on a regular basis on the second Monday in April, August, and December of each year.
17. Acts of 1883, Chapter 149, Page 200, stated that the next term of the Circuit Court in Dandridge in Jefferson County would begin on the third Monday in April and on the second Monday in August and December, all process being made to conform to that change in date.
18. Acts of 1885 (Ex. Sess..), Chapter 20, Page 96, in a complete revision of the State's lower judicial system divided Tennessee into fourteen regular and one special, judicial circuits. The Second Judicial Circuit was composed of the counties of Claiborne, Campbell, Grainger, Union, Hamblen, Jefferson, Cocke, Anderson, and Sevier. Jefferson County's Court would meet on the second Monday in April, August, and December.
19. Acts of 1891, Chapter 152, Page 326, established a Common Law Court at New Market for the Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, and Fifteenth Civil Districts of Jefferson County which would be one of the courts of the Second Judicial Circuit.22. Acts of 1899, Chapter 427, Page 991, in the next major changes in the lower court system formed fourteen Judicial Circuits in Tennessee, assigning the Counties of Jefferson, Sevier, Grainger, Cocke, Hamblen, Morgan, Scott, Campbell, Anderson, Union, and Fentress to the Second Judicial Circuit. Jefferson County's Circuit Court would meet at Dandridge on the first Monday in January, May, and September, and at New Market on the second Monday in January, May, and September, and at New Market on the second Monday in same months.
20. Private Acts of 1903, Chapter 227, Page 496, amended Acts of 1899, Chapter 427, above, to reset the terms of the Circuit Courts in some counties of the Second Judicial Circuit. The Court in Jefferson County, (presumably at Dandridge since nothing was said about the Court at New Market) would meet on the second Monday in March, July, and November.
21. Private Acts of 1905, Chapter 59, Page 133, repealed the second Section of Private Acts of 1903, Chapter 227, above, which Section required that the Chancellor of the Chancery Division hold the Circuit Court terms in Fentress County. No other county was affected.
22. Private Acts of 1905, Chapter 477, Page 1015, rearranged the circuit court schedules for the counties of Hamblen, Cocke, Anderson, Campbell, Sevier, Grainger, Union, Morgan, Fentress, Scott, and Jefferson whose court would begin on the first Monday in February, June, and October.
23. Private Acts of 1907, Chapter 205, Page 750, reset the terms of the Circuit Courts in the Second Judicial Circuit changing Jefferson County to the second Monday in February, June, and October.
24. Public Acts of 1913, Chapter 13, changed the opening dates of the terms of the Circuit Court in Jefferson County to the fourth Monday in March, July, and November.28. Private Acts of 1917, Chapter 734, Page 2283, changed the terms of the Circuit Court in Jefferson County to begin on the third Monday in March, July, and November. All bonds and process would be made to conform to the above change.
25. Public Acts of 1931 (2nd Ex. Sess.), Chapter 18, Page 169, said that the Second Judicial Circuit would be made up of the counties of Cocke, Union, Sevier, Jefferson, Grainger, and Hancock. Court terms would start in Jefferson County on the third Monday in March, July, and November.
26. Public Acts of 1931 (2nd Ex. Sess.), Chapter 38, Page 268, was the last act of this description appearing in the volumes of Private Acts, all future changes in this area would take the form of Public Acts amending the State Code. Twenty Judicial Circuits were outlined across the State of which the counties of Cocke, Union, Sevier, Grainger, Hancock, and Jefferson constituted the Second Circuit. Court terms would commence in Jefferson county on the third Monday in March, July, and November.
27. Public Acts of 1951, Chapter 17, Page 56, rescheduled the opening dates for the terms of the Circuit Court in the counties of the Second Judicial Circuit listing Cocke, Union, Sevier, Grainger, Hancock, and Jefferson where the Circuit Court would commence on the fourth Monday in March, July, and November.
28. Public Acts of 1955, Chapter 19, Page 104, altered the court terms for some of the counties in the Second Judicial Circuit but did not affect Jefferson County.
29. Public Acts of 1959, Chapter 99, Page 332, also changed the terms of the Circuit Courts in the counties of Cocke, Union, Sevier, Hancock, Grainger, and Jefferson whose circuit court terms would hereafter start on the third Monday in March, July, and November, which are still in effect.

Circuit Court Clerk

The following acts have no current effect, but once applied to the Jefferson County Circuit Court Clerk. They were repealed, superseded, or never received local approval. Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Acts of 1903, Chapter 255, Page 596, set the annual salary of the Circuit Court Clerks across the State according to the population class of the county in which they served. The Clerks must file an annual sworn and itemized statement with the County Judge, or Chairman, showing all the fees collected in the office. If the fees were less than the salary, the County was obligated to pay the difference, but if the fees exceeded the salary, the Clerk was allowed to retain the excess.
2. Private Acts of 1919, Chapter 152, Page 343, fixed the salary of the Circuit Court Clerk of Jefferson County, (identified by the 1910 Federal Census figures) at $1,080 annually, provided the Clerks would file on January 1 and July 1 a sworn, itemized statement with the County Judge, showing the total amount of fees collected in the office. If the fees were less than the salary, the County would furnish the difference, but if the fees exceeded the salary, the excess must be paid over to the Trustee.
3. Private Acts of 1925, Chapter 30, Page 95, set the annual salary of the Circuit Court Clerk in Jefferson County at $1,080, which would be in addition to all the fees collected in the office which the Clerk was permitted to keep as his own. This Act was repealed by the one following.
4. Private Acts of 1947, Chapter 350, Page 1434, provided that the Clerk of the Circuit Court in Jefferson County would be paid $1,800 each year in equal monthly installments on the first day of each month on the warrant of the County Judge, or Chairman. The Clerk was further entitled to retain as compensation all the fees collected in the office. The Act expressly repealed Private Acts of 1925, Chapter 30.

Circuit Court

Public Acts of 1975 - Chapter 304*

Section 1. Section 16-208 of Tennessee Code Annotated is hereby amended by deleting said section in its entirety and substituting in lieu thereof a new section 16-208, to read as follows: 16-208. Second Judicial Circuit. The Circuit Court for the Second Judicial Circuit shall be held in Divisions I and II at the times mentioned as follows: Cocke County -- First Monday in January, May and September; Union County -- First Monday in February, June and October; Sevier County -- Third Monday in February, June and October; Jefferson County -- Third Monday in March, July and November; Grainger County -- Third Monday in April, August and December; Hancock County -- Second Monday in April, August and December.

Section 2. The Second Judicial Circuit shall be served by two (2) Circuit Judges. The Judges shall serve respectively as Judges of Division I and Division II of the Circuit Court. The presiding judge shall be responsible for the assignment of duties of judges within the circuit, for designation of special terms, for establishing rules of Court, for docketing and assignment of cases, both civil and criminal. Among the special responsibilities of the presiding Judge of the Second Judicial Circuit is the appointment, supervision and replacement of all appointed or designated officers of the Court, Grand Jury foremen, jury commissioners and other officers provided by law. The presiding judge shall be the chief administrative officer of the Court.

Section 3. The presently elected and serving Circuit Judge is hereby designated as Judge of Division I of the Second Judicial Circuit with the prerogatives, powers and duties vested in that Division.

Section 4. The Governor of the State of Tennessee shall within thirty (30) days after this Act shall take effect, appoint a Judge of Division II of the Second Judicial Circuit who shall hold office until his or her successor is elected and qualified in accordance with general law. Thereafter, Judges of the Second Judicial Circuit shall qualify as candidates for Division I or Division II of the Circuit and shall be elected by the qualified voters as Judge of the respective Division for which they qualified.

[Compiler's Note: Portions only of this Act are published in Tennessee Code Annotated. The Act is printed herein for the information and convenience of our readers.]

Section 5. The judges of Division I and Division II of the Second Judicial Circuit shall possess all of the rights, privileges, qualifications, emoluments, immunities, powers and jurisdiction conferred by general law on Circuit Judges of the State of Tennessee.

Section 6. Division I and Division II of the Second Judicial Circuit shall have the power to hold Court in the Counties of the Circuit irrespective of term, and may hold Court simultaneously in the same or different Counties.

Section 7. The clerks of the Circuit Court of the Second Judicial Circuit shall act as clerks for both Division I and Division II of the Circuit and shall keep such dockets, records and minutes thereof as are now or may hereafter be provided by law or Court rule for the compensation provided by law.

Section 8. All laws or parts of laws in conflict with this Act are hereby repealed.

Section 9. This Act is declared to be severable. Should any section, provision, clause or part of this Act fail for any reason, it is the legislative intent that the remainder of the Act shall continue in full force and effect.

Section 10. This Act shall take effect upon becoming law, the public welfare requiring it.

Passed: May 15, 1975.