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CITY OF WHITE HOUSE v. WHITLEY

979 S.W.2d 262 (1998)

The CITY OF WHITE HOUSE, Appellant, v. Lawrence Ray WHITLEY, District Attorney General for the Eighteenth Judicial District of the State of Tennessee, John Carney, District Attorney General for the Nineteenth Judicial District of the State of Tennessee and State of Tennessee, Appellees, and Taylor (Ted) Emery, Sheriff for Robertson County, Tennessee; J.D. Vandercook, Sheriff for Sumner County, Tennessee, Defendants.

Supreme Court of Tennessee, at Nashville.

October 12, 1998.

Attorney(s) appearing for the Case

David Amonette, Gallatin, for appellant City of White House.

Douglas T. Jenkins, Rogersville, W. Lewis Jenkins, Jr., Wilkerson, Gauldin & Hayes, Dyersburg, for amicus curiae NonLawyer General Sessions Judges of Claiborne, Greene, Lake and Obion Counties.

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Gordon W. Smith, Associate Solicitor General, Nashville, for appellees Whitley & Carney.

OPINION

DROWOTA, Justice.

In this appeal, we are confronted with the question of whether Article I, Section 8 of the Tennessee Constitution precludes non-attorney judges from presiding over trials of criminal offenses which are punishable by incarceration.1 We have determined that individuals charged with a criminal offense punishable by incarceration are constitutionally entitled...

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