MUNICIPAL JUVENILE COURT

Memphis Charter art. 36

in effect

Memphis Charter, art. 36, § 295 Established; jurisdiction generally.

Sec. 295. - Established; jurisdiction generally. In all cities of this State having a population of one hundred sixty thousand (160,000) inhabitants or over by the Federal Census of 1920, and by each succeeding Federal Census, there shall be established and is hereby established a municipal juvenile court, which together with the judge thereof, shall be vested with all the rights, powers and jurisdiction to try and dispose of cases of juvenile delinquents, dependents or offenders, with the same rights, powers and jurisdiction as are vested in other judges and courts under chapter 58 of the Public Acts of the General Assembly for 1911, and all Acts amendatory thereof. The territorial jurisdiction of the judge of the municipal juvenile court shall extend and be consistent with the territorial jurisdiction of the judge of the City or police court having jurisdiction to try offenders for the violation of City ordinances, as provided by the Charters of such cities. (Priv. Acts 1921, ch. 407, § 1)

Memphis Charter, art. 36, § 296 Judge generally—Qualifications.

Sec. 296. - Judge generally—Qualifications. The judge of such municipal juvenile court shall be a person of good moral character, who shall have resided within the City for not less than five years next preceding his appointment or election, and who shall have attained the age of twenty-five years. There shall be no limitation upon the right of a woman to hold office, nor shall it be required that the judge of such municipal juvenile court be a licensed or practicing attorney. (Priv. Acts 1921, ch. 407, § 2)

Memphis Charter, art. 36, § 297 Same—Election; term of office.

Sec. 297. - Same—Election; term of office. Upon the expiration of the present term of the judge of the juvenile court of such cities as come within the classification of this Act, the Board of Commissioners or other legislative body of such municipality shall elect a judge of the juvenile court for a term of one year, said term to begin on January 1, 1939, and shall expire on December 31, 1939. The elections for judge of the juvenile court shall hereafter be held every four years, the first such election to be held on the first Thursday after the first Monday in November, 1939, and the term of office of said judge shall begin and terminate at the same time as now required for the Mayor and Board of Commissioners of such municipalities. The elections shall be held according to the laws now governing the elections for commissioners or members of the legislative body of such municipalities. (Priv. Acts 1921, ch. 407, § 2; Priv. Acts 1937, ch. 116, §§ 2, 3)

Memphis Charter, art. 36, § 298 Same—Oath; vacancy in office.

Sec. 298. - Same—Oath; vacancy in office. Such judge shall take the oath of office now prescribed by law to be taken by circuit judges of this State. Vacancies occurring through death, resignation, removal, or otherwise, shall be filled by the Board of Commissioners, or other legislative body, of (the City of Memphis); provided, however, that if any general state election shall intervene before the expiration of the term of the regular incumbent, special municipal elections shall be held to fill such vacancies. (Priv. Acts 1921, ch. 407, § 2; Priv. Acts 1937, ch. 387, § 2; Priv. Acts 1937, ch. 116, § 3)

Memphis Charter, art. 36, § 299 Same—Salary.

Sec. 299. - Same—Salary. The salary of the judge of the juvenile court shall, by ordinance, be fixed in an amount not to exceed $9,500.00 per annum, payable in equal monthly installments. (Priv. Acts 1935, ch. 387, § 2; Priv. Acts 1939, ch. 530, § 2; Priv. Acts 1947, ch. 521, § 1; Priv. Acts 1951, ch. 152, § 2; Priv. Acts 1953, ch. 284, § 2; Priv. Acts 1955, ch. 9, § 2; Priv. Acts 1959, ch. 182, § 2)

Memphis Charter, art. 36, § 300 Same—Temporary absence; appointment of acting judge.

Sec. 300. - Same—Temporary absence; appointment of acting judge. Whenever it becomes necessary that the judge of the juvenile court be absent from the City on court days, said judge shall so notify the Mayor of the City and give the reason for such absence, and the Mayor may appoint an acting judge of said juvenile court, who shall hold said court during the absence of said regularly elected judge of the juvenile court. (Priv. Acts 1935, ch. 387, § 4)

Memphis Charter, art. 36, § 301 Powers and duties of judge, officers, etc.; enforcement of State law.

Sec. 301. - Powers and duties of judge, officers, etc.; enforcement of State law. The judge, clerk, probation officers and other officers and persons shall have and exercise all the powers and shall perform all the duties required of like officers under chapter 58 of the Public Acts of the General Assembly of 1911, and all Acts amendatory thereof, and the said chapter 58 of the Public Acts of 1911, and all Acts amendatory thereof, except wherein inconsistent with the provisions of the Act, shall govern the organization, jurisdiction and management of municipal juvenile courts established under this Act, and it shall be the duty of the judge, clerk, probation officers and other assistants to carry out the provisions and purpose of chapter 58 of the Acts of 1911, this Act being merely intended to establish special municipal juvenile courts for cities of this State within the classification of this Act, which shall exercise jurisdiction within the territorial limits hereinbefore set out. (Priv. Acts 1921, ch. 407, § 5)

Memphis Charter, art. 36, § 302 Sessions.

Sec. 302. - Sessions. The judge of said juvenile court shall be required to hold a session of said court daily, except Saturdays, Sundays or legal holidays. (Priv. Acts 1935, ch. 387, § 3)

Memphis Charter, art. 36, § 303 Hearing within seven days of arrest; entry of judgment upon docket, etc.

Sec. 303. - Hearing within seven days of arrest; entry of judgment upon docket, etc. All persons who have been arrested and detained in the juvenile court upon any charge coming within the jurisdiction of said court shall be given a hearing by the judge of the juvenile court within seven days of the date of such arrest and detention. When the judge of the juvenile court shall render decision in such case, said judgment shall be entered upon the docket of said court within twenty-four hours and it shall be unlawful and a misdemeanor for any erasures or corrections to be made on said docket thereafter. However, the judge may order any matter retained in court for further adjudication from time to time as the welfare and the best interests of the child may require. (Priv. Acts, 1935, ch. 387, § 5)

Memphis Charter, art. 36, § 304 Clerks, officers, etc.

Sec. 304. - Clerks, officers, etc. The Board of Commissioners or other legislative body shall by ordinance provide for the appointment of necessary clerks, probation officers, matrons, dietitians, custodians, engineers, and all other necessary employees, and shall fix their terms of office, duties and compensation. Provided, however, that the clerks, probation officers, matrons, dietitians, custodians, engineers and all other necessary employees shall be appointed and discharged by a majority of the members of the board of supervisors hereinafter provided for. Provided, however, that the probation officers shall be appointed by the judge from an eligible list secured from the Department of Personnel, said appointments to be subject to approval by the members of the board of supervisors. (Priv. Acts 1935, ch. 387, § 8)

Memphis Charter, art. 36, § 305 Detention home for delinquents.

Sec. 305. - Detention home for delinquents. The municipal authorities shall have the right to prepare and maintain at the expense of such municipality a proper place or places for the detention of juvenile delinquents, dependents or offenders pending trial, or afterward, provided, however, that the County authorities and municipal authorities may cooperate and contract to share the expenses incident to providing and maintaining such place or places of detention, to which County delinquents, dependents or offenders may be committed, together with offenders, delinquents or dependents tried or triable in such municipal juvenile court. (Priv. Acts 1935, ch. 387, § 8)

Memphis Charter, art. 36, § 306 Assignment of conduct and operation of court to department.

Sec. 306. - Assignment of conduct and operation of court to department. The conduct and operation of the juvenile courts of the municipalities coming within the classification of this Act shall be assigned by the legislative council of said municipalities to that department of the municipal government the legislative council may deem advisable. (Priv. Acts 1937, ch. 490, § 4)

Memphis Charter, art. 36, § 307 Assignment of duties, powers and responsibilities to Board of Commissioners.

Sec. 307. - Assignment of duties, powers and responsibilities to Board of Commissioners. All of the duties, powers and responsibilities heretofore vested in the board of visitors and supervisors of the juvenile courts under the provisions of chapter 407 of the Private Acts of 1921 and chapter 387 of the Private Acts of 1935, shall be vested in the legislative councils of said municipalities, and said legislative councils shall have authority to impose upon the Commissioner to whose department said juvenile court is assigned, such duties and responsibilities as they may deem proper for the efficient operation of said juvenile court. (Priv. Acts 1937, ch. 490, § 5)

Memphis Charter, art. 36, § 308 Board of Commissioners to supply necessary funds; tax levy to enforce Act.

Sec. 308. - Board of Commissioners to supply necessary funds; tax levy to enforce Act. The Board of Commissioners shall provide the necessary funds to pay the salaries of the judge, clerk and other officers provided for by this Act and shall pass ordinances pursuant to authority hereby delegated to provide the expenses of operating and maintaining the court and detention homes, and all other expenses incident to carry out the provisions of this Act; and to that end it shall have the rights and power, and it is hereby authorized and empowered, to levy taxes on all classes of property within the corporate limits, subject to taxation, so as to carry out the provisions of this Act. (Priv. Acts 1921, ch. 407, § 6)

Memphis Charter, art. 36, § 315 Retirement of judge—Authorized after twenty years' service.

Sec. 315. - Retirement of judge—Authorized after twenty years' service. Any judge of the juvenile court who shall have served as judge of that court for twenty years or more, consecutively, next preceding, may apply for retirement and be retired as hereinafter set out. (Priv. Acts 1943, ch. 29, § 1)

Memphis Charter, art. 36, § 316 Same—Application to be made to Mayor; approval or disapproval; vacancy to be filled by Mayor.

Sec. 316. - Same—Application to be made to Mayor; approval or disapproval; vacancy to be filled by Mayor. Said application shall be made by the judge to the Mayor, who shall endorse upon the application his approval or disapproval and shall then file it with the City Comptroller. When the application has been approved and filed, the office of such judge shall at once become vacant and the vacancy shall be filled by the Mayor, with the approval of the Board of Commissioners for the unexpired term. (Priv. Acts 1943, ch. 29, § 2)

Memphis Charter, art. 36, § 317 Same—Approved application to be certified to Comptroller; amount of payments.

Sec. 317. - Same—Approved application to be certified to Comptroller; amount of payments. Upon approving any such application, the Mayor shall certify this fact to the City Comptroller, and there shall be paid to the judge so retired, for and during his or her life, the salary to which he or she would have been entitled had he or she continued in service. The City Commission shall appropriate sufficient sums for the purpose of paying the salaries of such retired judges. (Priv. Acts 1943, ch. 29, § 3)

Memphis Charter, art. 36, § 318 Same—Authority of judge to conclude cases pending at time of retirement.

Sec. 318. - Same—Authority of judge to conclude cases pending at time of retirement. Any judge who has retired or may hereafter retire, under the provisions of this Act shall be empowered to conclude the hearing or trial of the case, and all matters subsequent thereto, in any proceedings pending before him or her where trial or hearing of the case has been begun prior to his or her retirement, including the entry of judgments and orders in connection with said trial of the case, and otherwise finally disposing of any and all matters connected with or arising out of the said trial or hearing of the case. However, nothing herein shall be construed to restrict the power that the successor to a trial judge might otherwise have, and such successor shall try the case upon any new trial or rehearing granted by the retired judge. (Priv. Acts 1943, ch. 29, § 4)

Memphis Charter, art. 36, § 319 Same—Power of Mayor to recall retired judge.

Sec. 319. - Same—Power of Mayor to recall retired judge. The Mayor shall be empowered to recall such retired judge who may hereafter be retired under the provisions of this Act, to hold court or preside over the juvenile court whenever in his judgment it is necessary or advisable to do so. (Priv. Acts 1943, ch. 29, § 5)

Memphis Charter, art. 36, § 320 Same—Certification of intention to retire.

Sec. 320. - Same—Certification of intention to retire. Any judge who may elect to retire under the provisions hereof shall certify to the Mayor at least one hundred and twenty days prior to the time of the election of his or her successor in office his intention to retire during or at the expiration of the term of office then held by him or her. (Priv. Acts 1943, ch. 29, § 6)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART36MUJUCOFetched: 10/28/2026