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STATE v. WILLIAMS

547 S.W.2d 895 (1976)

STATE of Tennessee, Petitioner, v. Carl WILLIAMS and Donnie Wiser, Respondents.

Supreme Court of Tennessee.

Rehearing Denied March 14, 1977.

Attorney(s) appearing for the Case

Brooks B. McLemore, Atty. Gen., David L. Rabin, Asst. Atty. Gen., Nashville, Charles S. Ramsey, Jr., Dist. Atty. Gen., Manchester, for petitioner.

Irwin Venick, Nashville, for Tenn. Council of Juvenile Judges, amicus curiae.

T. Arthur Jenkins, Manchester, for respondents.

Adrienne E. Volenik, Paul Piersma, St. Louis, Mo., for Nat. Juvenile Law Center, amicus curiae.

OPINION

HENRY, Justice.

It was the sole purpose and intent of this appeal to present for resolution the single and significant issue of whether a non-lawyer juvenile judge may constitutionally incarcerate a juvenile or deprive him of his liberty.

The Court of Appeals, in a scholarly opinion by Judge Drowota, with Judge Todd dissenting, held:

[t]hat because a reasonable likelihood of prejudice exists when lay judges preside over juvenile...

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