The Tennessee Constitution empowers the state legislature to define the authority of municipal courts. The constitutional language states that the legislature may "vest such jurisdiction in corporation courts as may be deemed necessary" (Article VI, Section 1). ^[5]

The Municipal Court Reform Act of 2004 provides us with the most guidance for the operations of municipal courts.  The Municipal Court Reform Act is found in T.C.A §§ 16-18-301 – 312 and while the MCRA is a great place to start learning about municipal courts, it is only twelve sections and does not encompass everything.  For many other elements or processes that a municipal court encounters, we must look to other statutes and cases for additional guidance.

Any city may establish a new municipal court pursuant to T.C.A. § 16-18-302(a).  This section provides that “for any municipality that does not have, on May 5, 2009, a municipal court that was ordained and established by the General Assembly, a municipal court is created to be presided over by a city judge.” T.C.A. § 16-18-302(a).

In other words, if a city does not have a municipal court, the city can create one without seeking special permission from the General Assembly, because the General Assembly has already granted that authority to the cities in 2004.  The city would simply need to pass an ordinance establishing the municipal court in compliance with the Municipal Court Reform Act and the city's charter.

While any city can establish a municipal court, Tennessee does not have a uniform system for creating municipal courts. Each private act and statutory charter has its own procedures for appointing a city judge and creating a city court. Under the general law charters and provisions dealing with home rule cities:

• The mayor-aldermanic charter provides for the board to elect or appoint a city judge (T.C.A. § 6-4-301);
• The city manager-commission charter provides for the commission to appoint a city judge. Cities meeting population requirements may elect a judge (T.C.A. § 6-21-501);
• The modified city manager-council charter provides for an elected city judge (T.C.A. § 6-33-102); and
• City judges in home rule municipalities are appointed on nomination of the mayor and concurred in by the city council or other legislative body. After judges are appointed, they must run in the next general  election. The governing bodies of home rule municipalities are empowered to create additional divisions of a city court (T.C.A. §§ 16-17-101–105^[6]).  

[5] Chapter No. 914, Public Acts of 2004, designated the Municipal Court Reform Act of 2004, made extensive revisions to city court authority. It is codified at T.C.A. §§ 16-18-301, et seqs

[6] Chapter No. 128, Public Acts of 2009, revised the language in T.C.A. §16-17-102.