Smith County, Tennessee Government Accountability

Judges’ Limitations

1. T.C.A. § 5‑7‑108 — County Must Provide and Maintain the Courthouse

This is the primary Tennessee statute governing courthouse control.

It states that the county, not the judiciary:

  • provides the courthouse
  • maintains the courthouse
  • controls courthouse facilities
  • ensures the building is usable for public business

This statute is why sheriffs and county mayors — not judges — control:

  • entrances
  • hallways
  • bathrooms
  • security checkpoints
  • building access policies

Judges have zero statutory authority over the courthouse building.

(Supported by general Tennessee Code references from the Administrative Office of the Courts)

2. T.C.A. § 8‑20‑101 et seq. — County Officials Manage Courthouse Operations

These statutes govern:

  • courthouse staffing
  • courthouse operations
  • county employees
  • county facilities

Again, no authority is granted to judges over:

  • building access
  • building rules
  • security screening
  • ADA accommodations

(Supported by Tennessee Code references from the Administrative Office of the Courts)

3. T.C.A. § 16‑1‑101 — “The Courts Shall Be Open”

This statute requires that:

  • courts must be open to the public
  • access cannot be arbitrarily restricted
  • access cannot depend on a judge’s personal approval

This statute directly contradicts Smith County’s “judge permission” policy.

(General Tennessee Code reference)

4. T.C.A. § 18‑1‑105 — Clerk’s Office Must Be Open to the Public

The clerk must maintain an office that is:

  • open
  • accessible
  • available for filings

If deputies block you from entering the courthouse, they are blocking access to the clerk, which violates this statute.

(General Tennessee Code reference)

5. T.C.A. Title 16 (Courts) — Judges Have Jurisdiction Over Cases, NOT Buildings

Title 16 defines:

  • jurisdiction
  • authority of courts
  • powers of judges

But nowhere in Title 16 does it give judges:

  • control of courthouse buildings
  • authority over entrances
  • authority over hallways
  • authority over clerk’s offices
  • authority over security checkpoints

Even the statute defining General Sessions jurisdiction (T.C.A. § 16‑15‑501) only covers case jurisdiction, not building control.

6. Attorney General Opinions Confirm County Control of Courthouse Infrastructure

The Tennessee Attorney General has repeatedly stated:

  • courthouse infrastructure is a county responsibility
  • judges do not control courthouse buildings
  • judges control courtrooms only

The AG opinion on judicial districts (2025) confirms that courthouse infrastructure is not judicially controlled.

7. NO Tennessee Statute Gives Judges Control of Courthouse Access

After reviewing:

  • Title 5 (Counties)
  • Title 8 (Public Officers)
  • Title 16 (Courts)
  • Title 18 (Clerks)
  • Supreme Court Rules
  • AG Opinions

There is no statute that:

  • authorizes a judge to control courthouse entry
  • authorizes a judge to require “permission” to enter
  • authorizes a judge to regulate hallways, lobbies, or clerk’s offices
  • authorizes a judge to impose building‑wide bans
  • authorizes a judge to override ADA Title II

Judges control courtrooms. Counties control courthouses. Period.