TennesseeHigh-caseload counties may approve criminal magistrate positions
The law provides for criminal magistrates in 10 high-caseload counties, if each county’s legislative body approves a position by ordinance.
What it does
The 10 Tennessee counties with the highest criminal court caseloads may create magistrate positions, but each county’s legislative body must approve one by ordinance.
After a county approves the position, its criminal court judges may appoint a magistrate. The judges set the pay, which the county legislative body must approve.
A magistrate may handle first hearings, initial bond decisions, warrants, and other listed court duties. The magistrate may accept guilty pleas and review some later petitions only in misdemeanor and lower-level felony cases.
Argument forMagistrates could handle listed hearings and warrant decisions, which may free criminal court judges to spend more time on other cases.
Argument againstGiving magistrates power to set initial bonds and issue warrants could shift important decisions about a person’s freedom from elected judges to appointed officials.
More detail
The law provides for a pilot project for criminal magistrates in 10 Tennessee counties. The 10 counties are those with the highest criminal court caseloads in the comptroller’s annual weighted caseload study. A county may create a magistrate position only if its legislative body approves it by ordinance. The Administrative Office of the Courts must notify eligible counties by December 1, 2026.
County judges with criminal jurisdiction may appoint a criminal magistrate. A majority of the county’s judges with criminal jurisdiction may appoint the magistrate, who serves at their pleasure. The county must first approve the position by ordinance. General sessions judges are not included among the judges who may appoint or remove a magistrate. A majority of the county’s elected judges with criminal jurisdiction sets the pay, subject to approval by the county legislative body. An appointment may occur only after the county passes its ordinance and no earlier than January 1, 2027. The magistrate’s term is four years, but a majority of the county’s criminal court judges may remove the magistrate.
A criminal magistrate may handle the listed hearings and decisions. The duties include arraignments, first court appearances and initial bond decisions, deciding whether a defendant is indigent, issuing search and arrest warrants, and holding preliminary hearings. The magistrate may accept guilty pleas only for misdemeanors and Class D and Class E felonies. For those same kinds of cases, the magistrate may review and issue summary decisions on later petitions when appropriate.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 26Pub. Ch. 1017Latest
- May 26Effective date(s) 05/19/2026
- May 19Signed by Governor Bill Lee.Became Law
- May 7Transmitted to Governor for his action.To Governor
- May 5Signed by Senate SpeakerMajor
- Apr 30Enrolled; ready for sig. of H. Speaker.Minor
- Apr 30Signed by H. SpeakerMajor
- Apr 23Lift tableing motion
- Vote recorded FLOOR VOTE: Third Consideration 4/23/2026 Passed. Result: pass.Upper
- Apr 23Motion to reconsider adopted. (Amendment 1 - SA1065)
- Apr 23Amendment withdrawn. (Amendment 1 - SA1065)
- Apr 23Passed Senate, Ayes 28, Nays 5Major
- Apr 22H. nonconcurred in S. am. no. 1
- Apr 22Placed on Senate Message Calendar for 4/23/2026
- Apr 21Senate substituted House Bill for companion Senate Bill.Major
- Vote recorded FLOOR VOTE: as Amended Third Consideration 4/21/2026 Passed. Result: pass.Upper
- Apr 21Senate adopted Amendment (Amendment 1 - SA1065)
- Apr 21Passed Senate as amended, Ayes 25, Nays 6Passed Senate
- Apr 14Received from House, Passed on First ConsiderationMinor
- Apr 13Passed H., Ayes 94, Nays 0, PNV 0Passed House
- Vote recorded FLOOR VOTE: CONSENT CALENDAR PASSAGE ON THIRD CONSIDERATION 4/13/2026 Passed. Result: pass.Lower
- Apr 13Engrossed; ready for transmission to Sen.Minor
- Apr 9H. Placed on Consent Calendar for 4/13/2026
- Vote recorded HOUSE CALENDAR & RULES COMMITTEE: H. Placed on Consent Calendar 4/9/2026. Result: fail.Lower
- Apr 8Placed on cal. Calendar & Rules Committee for 4/9/2026
- Apr 7Rec. for pass; ref to Calendar & Rules CommitteeMinor
- Vote recorded HOUSE FINANCE, WAYS, AND MEANS COMMITTEE: Rec. for pass; ref to Calendar & Rules Committee 4/7/2026 Passed. Result: pass.Lower
- Apr 1Rec. for pass by s/c ref. to Finance, Ways, and Means CommitteeMinor
- Vote recorded HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE: Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 4/1/2026 Passed. Result: pass.Lower
- Apr 1Placed on cal. Finance, Ways, and Means Committee for 4/7/2026
- Mar 25Rec. for pass; ref to Finance, Ways, and Means CommitteeMinor
- Vote recorded HOUSE JUDICIARY COMMITTEE: Rec. for pass; ref to Finance, Ways, and Means Committee 3/25/2026 Passed. Result: pass.Lower
- Mar 25Assigned to s/c Finance, Ways, and Means SubcommitteeMinor
- Mar 25Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/1/2026
- Mar 18Action def. in Judiciary Committee to 3/25/2026
- Mar 18Placed on cal. Judiciary Committee for 3/23/2026
- Mar 11Rec. for pass by s/c ref. to Judiciary CommitteeMinor
- Vote recorded HOUSE CIVIL JUSTICE SUBCOMMITTEE: Rec. for pass by s/c ref. to Judiciary Committee 3/11/2026 Passed. Result: pass.Lower
- Mar 11Placed on cal. Judiciary Committee for 3/18/2026
- Mar 4Placed on s/c cal Civil Justice Subcommittee for 3/11/2026
- Feb 5P2C, ref. to Judiciary CommitteeMinor
- Feb 5Assigned to s/c Civil Justice SubcommitteeMinor
- Feb 4Intro., P1C.Minor
- Feb 2Filed for introductionIntroduced
Criminal Justice