Tennessee legislation · 114th General Assembly

Tennessee HB2251: AN ACT to amend Tennessee Code Annotated, Title 16; Title 17 and Title 40, relative to criminal magistrates.

Status: Chaptered, May 26, 2026

Fiscal Summary LOCAL GOVERNMENTEXPENDITURESPermissiveFY26-27<$551,000FY27-28 & Subsequent Years<$1,102,000Total Positions Authorized: 10 Bill Summary This bill establishes a pilot project to provide for criminal magistrates in the 10 counties in which the criminal courts experience the highest judicial caseload, as determined by the comptroller of the treasury in the annual weighted caseload study. By December 1, 2026, the administrative office of the courts must notify the legislative body of each of the 10 counties that are eligible to participate in the pilot project. CRIMINAL MAGISTRATE POSITION Upon being notified of eligibility, this bill authorizes the legislative body of an eligible county to, by ordinance, establish the position of criminal magistrate within the county. Following enactment of such an ordinance, but no sooner than January 1, 2027, the judges of the county with criminal jurisdiction, excluding general session judges, may appoint the criminal magistrate, who serves at the pleasure of the majority of the judges of the county with criminal jurisdiction. Duties This bill provides that the criminal magistrate has all of the following duties:  Conduct arraignments Conduct initial appearance hearings and set initial appearance bonds Determine a defendant's indigency status Accept entry of pleas of guilt for misdemeanors and Class D and Class E felonies Issue search warrants and arrest warrants Conduct preliminary hearings  Review and issue summary adjudication orders, if appropriate, for all collateral petitions for all misdemeanors and Class D and Class E felonies Term and Compensation This bill provides that the term of a criminal magistrate is four years. The criminal magistrate may be removed from office by majority vote of the judges of the county with