Dewun R. Settle Clerk and Master of the Chancery Court

The Clerk & Master of the Chancery Court, in addition to all the duties and powers conferred upon Clerks of the Courts generally, and in addition to various other special duties and powers, is “authorized to perform all the functions of Masters in Chancery, unless restrained by the provisions of law” (T.C.A. 18-5-103); so that he is both Clerk and Master. The duties of a Clerk are almost exclusively clerical; and his powers are strictly defined by law, or the orders of the Court; he exercises no judicial functions, and has but little discretion. The Master, on the contrary, is a judicial officer, and is clothed with many powers of the Chancellor himself. (Gibson’s Suits in Chancery, 5th ed. Gibson 1955, Chapter LXVI, sec. 1222).

The Tennessee Constitution expressly provides for the Clerk & Master of the Chancery Court. The office has several requirements and characteristics in common with other County Officials. The following principles are general ones which apply to all offices unless a specific statute provides otherwise.

Qualifications. General qualifications of officeholders are located in the Tennessee Code Annotated, which provides that all persons over eighteen years old, who are citizens of the United States and of Tennessee, and who meet the residency requirements of Shelby County Government are qualified to hold the office unless the person:

1. Has been convicted of offering or giving a bribe, of larceny or any other offense declared infamous by law, unless the person has been restored to citizenship as prescribed by law;

2. Has not paid a judgment for money received in an official capacity, which is due to the United States, Tennessee or any county;

3. Has defaulted to the treasury at the time of the appointment (in which case the appointment is void);

4. Is a soldier, seaman, marine or airman in the regular United States Army, Navy or Air force; or

5. Is a member of Congress or holds any office of profit or trust under any foreign power, other state of the Union or the United States.

T.C.A. 8-18-101.

Appointment. The Tennessee Constitution, Article VI, Section 13, provides that the Clerk & Master is appointed for a term of six years by the Chancellor of the county. (T.C.A. 18-5-101). The term of office begins with the date of appointment and extends for six years thereafter, unless it is interrupted by death, removal, or resignation, in which case a new Clerk & Master is appointed for a term of six years beginning with the date of appointment. (T.C.A. 18-2-213, b). If no reappointment is made at the end of the term, the Clerk & Master holds over until the position is filled. 639 S.W. 2d, 440 & 680 S.W. 2d, 215.

Oath of Office. The Tennessee Constitution, Article X, Section 1, provides that every person chosen to any office of trust must take an oath to “support the Constitution of this state and of the United States, and an oath of office.” The following is the statutory oath of office to be taken by county officials combining the Constitutional oath with the statutory oath of office:

I do solemnly swear that I will support the Constitution of this state and of the United States, and that I will perform with fidelity the duties of the office to which I have been appointed, and which I am about to assume.

T.C.A. 8-18-111.

The following oath has been administered to the Clerk & Master of Shelby County in recent years:

I, __________________, do solemnly swear that I will support the Constitutions of the United States and of the State of Tennessee, and that I will execute the duties of the office of Clerk and Master of the Chancery Court of the Thirtieth Judicial District of the State of Tennessee, without prejudice, partiality or favor, to the best of my ability.

I further swear that I have neither given, nor will I give to any person any gratuity, gift, fee or reward in consideration of his support for the office, and that I have neither sold nor offered to sell, nor will I sell, my interest in the office.

T.C.A. 18-1-103.

Deputies of the Clerk & Master, all permanent employees and those designated temporary employees, must take the following oath of office:

I, ___________________, do solemnly swear that that I will support the Constitutions of the United States and of the State of Tennessee, and I will perform with fidelity the duties of the office of Deputy Court Clerk and Master of the Chancery Court of the Thirtieth Judicial District of the State of Tennessee, to which I have been appointed and which I am about to assume, and the duties of this office to the best of my skill and ability.

T.C.A. 8-18-111 & 18-1-104

Oaths of office for county officials may be administered by the county executive, the county clerk or a judge of any court of record in the county. The oath of office for the Clerk & Master may be administered after the appointment and must be filed thereafter. The oath must be written and subscribed by the person taking it. Accompanying the oath must be a certificate executed by the officer administrating the oath, specifying the day and the year it was taken. T.C.A. 8-18-107.

Any clerk who fails to take and file the required oath is guilty of a class C misdemeanor. T.C.A. 8-18-113.

Bonds. The Clerk & Master is required to carry three bonds, an Official bond, a Commissioner and Receiver bond, and a Special bond for particular exigencies, and is required to enter into new bonds at the beginning of each term. These bonds are prepared by the Risk Management Department and are paid for by Shelby County Government. T.C.A. 18-2-201, 18-2-202, and 18-2-204.

Revised 01/14/03