Rehearing/Appeals

Request for Review by Judge

Pursuant to T.C.A. § 37-1-107, an order signed by a magistrate becomes the final order of the juvenile court within ten (10) days, excluding Saturdays, Sundays and legal holidays, from the date the order is entered. A party may within ten (10) days from the date the order is entered, file a written request for review of the record by the juvenile court judge with the juvenile court clerk. The written request must include specific exceptions to the magistrate’s findings, conclusions, or recommendations. Upon filing of the request, the juvenile court judge shall issue written findings, conclusions or recommendations or may schedule a new hearing of any issues the judge deems necessary with notice to all parties. A magistrate’s order must be obeyed until the judge rules otherwise. ANY FAILURE TO COMPLY WITH AN ORDER IS PUNISHABLE BY CONTEMPT, FOR WHICH THE PENALTIES MAY INCLUDE A FINE AND/OR IMPRISONMENT.

The reason this is included in every order is because this is how we are providing notice to the parties pursuant to tca 37-1-107(c)

Written Request for Review

If a Request for Judicial Review is filed, the Clerk will scan the document into Quest.

Add Document

Scroll to the bottom right-hand corner of the Case Detail screen
Click the Add Document link.
List templates containing: type Request
Press the TAB key on the keyboard
Select the appropriate document. (S-RFJR) Scanned – Request for Judicial Review
Click the Update button to continue
Answer all the questions

Update to move forward
Backward to move backward through the questions
Cancel to get out of the document (Edit Text to get back in)
Finish when completed

Cancel to get out of the document preview.
Cancel to get out of Document Detail screen.

Rehearing Denied

If the Judge does not grant the request for Rehearing, a Denial of Rehearing Order can be created.

Add Document

Order of Denial of Rehearing

Rehearing Granted

Add Event

In the Case Detail screen,
On the right side of the Events line, click the Add link.
Enter the Date/Time of the hearing or click the Find Date button.
Enter the type of hearing – Select Rehearing. (used in statistics)
Select the judicial officer who will hear the case. (select Judge)
Make sure all people and cases that should appear on the docket have a check mark.
Click the Update button to save.
Click the Cancel button to return to the Case Detail screen.

Rehearing

Add Document

Scroll to the bottom right-hand corner of the Case Detail or the Event Detail screen
Click the Add Document link.
List templates containing: type Rehearing
Press the TAB key on the keyboard
Select the appropriate document
Click the Update button to continue
Answer all the questions

Update to move forward
Backward to move backward through the questions
Cancel to get out of the document (Edit Text to get back in)
Finish when completed

Cancel to get out of the document preview.
Cancel to get out of Document Detail screen.

Rehearing Outcomes

Magistrate’s Ruling is upheld and confirmed
Magistrate’s Ruling is overturned and replaced with this Order
Magistrate’s Ruling is overturned in part and amended with this Order.

Appeals

Notice of Appeal is filed with juvenile court clerk. Clerk may charge $300.00 for the filing.
37-1-159
Criminal/circuit court
10 days from magistrate order to judge
10 days after judge
Rehearing on final order only.

Review of Judge
37-1-107

Add document

Scan Notice of Appeal.

~~De Novo Hearing~~

Judge reviews

Enters order denying rehearing.

I’m not going to grant the review (denial of request for review of the record)
1. Outside 10 days
2. Xxx

Deny – request for rehearing (Denies Request)
Affirming the decision of magistrate – considered request and reviewing the record finds no abuse of discretion of the magistrate. (Affirms) Conclusion.
Modifies the magistrate’s findings (Reverse everything, affirming in part/reversing in part)
Judge shall enter findings because party can appeal to trial court. Party has right to complete rehearing or to just decide the case on the record.

Findings of Fact

Conclusion of Law

Order

37-1-107. Magistrates.

(b) The judge may direct that any case or class of cases over which the juvenile court has jurisdiction shall be heard in the first instance by the magistrate. These cases shall be conducted in the same manner as cases heard by the judge. In the conduct of the proceedings, the magistrate shall have the powers of a judge and shall have the same authority as the judge to issue any and all process.

(c) Upon conclusion of the hearing, the magistrate shall file an order containing written findings of fact, conclusions of law, and recommendations. The magistrate shall also inform each party of the right to request a review by the juvenile court judge, the time limits within which a request for a review must be perfected, and the manner in which to perfect the request for a review.

(d)(1)

(A) A party may, within ten (10) days after entry of the magistrate’s order, file with the court a written request for a review of the record by the juvenile court judge. The request must include written exceptions to the magistrate’s findings, conclusions, or recommendations, and specify the findings to which the party objects, the grounds for the objection, and the party’s proposed findings, conclusions, or recommendations.

(B) The juvenile court judge shall not grant a review when the party requesting the review did not participate in the hearing before the magistrate in good faith.

(C) A review by the juvenile court judge is not a hearing and is limited to those matters for which exceptions have been filed.

(D) The juvenile court judge shall afford the magistrate’s findings, conclusions, and recommendations a presumption of correctness. The judge shall modify the magistrate’s findings only when, after review, the judge makes a written finding that an abuse of discretion exists in any or all of the magistrate’s findings, conclusions, or recommendations.

(E) The judge shall issue written findings, conclusions, or recommendations, or may schedule the matter for a new hearing of any issues the judge deems necessary, with notice to all parties.

(2) Notwithstanding subdivision (d)(1), no later than ten (10) days after the entry of the magistrate’s order, the judge may, on the judge’s own initiative, order a new hearing of any matter heard before a magistrate.

(3) If a child pleads guilty or no contest before a magistrate in a delinquency or unruly proceeding, then the child waives the right to request a review by the juvenile court judge, and the judge shall not order an adjudicatory hearing or review in such proceeding. If the plea includes an agreement as to disposition, then the child also waives the right to request a review before the judge regarding disposition, and the judge shall not order a hearing or review in such proceeding.

(4) This section does not alter the court’s jurisdiction to hear post-dispositional issues, including, but not limited to, judicial reviews or collateral challenges.

(5) If a delinquency or unruly petition is dismissed by the magistrate after a hearing on the merits, then there is no right to a hearing or review.

(6) Unless the judge orders otherwise, the order of the magistrate is the order of the court pending any review or hearing.

(e) If no review before the judge is requested, or a review is expressly waived by all parties within the specified time period, then the magistrate’s order becomes the order of the court. A party may appeal the order pursuant to § 37-1-159.

(f) Any hearing by a magistrate on any preliminary matter shall be final and not reviewable by the judge of the juvenile court, except on the court’s own initiative. The setting of bond in detention hearings and any matter that is a final adjudication of a child shall not be construed to be preliminary matters under this section and are reviewable by the judge of the juvenile court upon request or upon the court’s own initiative, except as provided in this section.

(g) All parties to the hearing before the magistrate are parties to any review conducted by the judge or any hearing that may be set by the judge following the review.

37-1-159. Appeals.

(a) The juvenile court shall be a court of record; and any appeal from any final order or judgment in a delinquency proceeding, filed under this chapter, except a proceeding pursuant to § 37-1-134, may be made to the criminal court or court having criminal jurisdiction that shall hear the testimony of witnesses and try the case de novo. However, if the child pleads guilty or no contest in a delinquency or unruly proceeding, the child waives the right to appeal the adjudication. If the plea includes an agreement as to disposition, the child also waives the right to appeal the disposition. Any appeal from any final order or judgment in an unruly child proceeding or dependent and neglect proceeding, filed under this chapter, may be made to the circuit court that shall hear the testimony of witnesses and try the case de novo. The appeal shall be perfected within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court’s order. If a hearing before a judge of a matter heard by a magistrate is not requested or provided pursuant to § 37-1-107, the date of the expiration of the time within which to request the hearing shall be the date of disposition for appeal purposes, and the parties and their attorneys shall be so notified by the magistrate. If there is a rehearing by the judge, the appeal period shall commence the day after the order of disposition is entered. All parties to the juvenile court proceeding shall be parties to the de novo appeal.

(b) An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of that person, institution or agency to whose care the child has been committed. Pending the hearing, the criminal court or circuit court may make the same temporary disposition of the child as is vested in juvenile courts; provided, that until the criminal court or circuit court has entered an order for temporary disposition, the order of the juvenile court shall remain in effect. A juvenile court shall retain jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law.

(c) When an appeal has been perfected, the juvenile court shall cause the entire record in the case, including the juvenile court’s findings and written reports from probation officers, professional court employees or professional consultants, to be taken forthwith to the criminal court or circuit court whose duty it is, either in term or in vacation, to set the case for an early hearing. When an appeal is taken from a juvenile court’s decision that involves the removal of a child or children from the custody of their natural or legal parents or guardian or from the department of children’s services, or when the decision appealed involves the deprivation of a child’s liberty as the result of a finding that such child engaged in criminal activity, such hearing shall be held within forty-five (45) days of receipt of the findings and reports. In its order, the criminal court or circuit court shall remand the case to the juvenile court for enforcement of the judgment rendered by the criminal court or circuit court. Appeals from an order of the criminal court or circuit court pursuant to this subsection (c) may be carried to the court of appeals as provided by law.

(d) There is no civil or interlocutory appeal from a juvenile court’s disposition pursuant to § 37-1-134. If and only if a nonlawyer judge presides at the transfer hearing in juvenile court, then the criminal court, upon motion of the child filed within ten (10) days of the juvenile court order, excluding nonjudicial days, shall hold a hearing as expeditiously as possible to determine whether it will accept jurisdiction over the child; provided, that if no such motion is filed with the criminal court within the ten-day period, excluding nonjudicial days, such child shall be subject to indictment, presentment or information for the offense charged and thus subject to trial as an adult. At this hearing, which is de novo, the criminal court shall consider:

(1) Any written reports from professional court employees, professional consultants as well as the testimony of any witnesses; and

(2) Those issues considered by the juvenile court pursuant to § 37-1-134(a) and (b).

(e) Following a hearing held pursuant to subsection (d), the criminal court may:

(1) Remand the child to the jurisdiction of the juvenile court for further proceedings and disposition pursuant to § 37-1-131, such remand order reciting in detail the court’s findings of fact and conclusions of law; or

(2) Enter an order certifying that it has taken jurisdiction over the child. This order shall recite, in detail, the court’s finding of fact and conclusions of law. Following the order, the child shall be subject to indictment, presentment or information for the offenses charged. The criminal court judge who conducted the hearing to accept jurisdiction shall not thereby be rendered disqualified to preside at the criminal trial on the merits.

(f) Appeals from an order of the criminal court pursuant to subsection (e) may be carried to the court of criminal appeals in the manner provided by the Tennessee Rules of Appellate Procedure only following a conviction on the merits of the charge. This is the exclusive method of appeal from a finding that the criminal court accepts jurisdiction. The state may appeal to the court of criminal appeals a finding that the child be remanded to the juvenile court upon the ground of abuse of discretion. Pending the appeal by the state, the criminal court shall make a determination of whether or not the child shall be released on the child’s own recognizance, or on bond, or held in the custodial care of the sheriff of the county.

(g) Appeals in all other civil matters heard by the juvenile court shall be governed by the Tennessee Rules of Appellate Procedure.