TBA Law Blog


Posted by: Julia Wilburn on May 21, 2026

The Tennessee Supreme Court on Thursday issued an opinion ordering the release of documents sealed in connection with a criminal case. In April 2024, three documents — a motion to disqualify and two supporting documents — filed in a Davidson County criminal proceeding were sealed. After learning about the existence of the sealed documents, the Nashville Banner sought to have the documents unsealed. The criminal court denied the newspaper’s motion and a panel of the Court of Criminal Appeals agreed. The Banner then appealed to the Tennessee Supreme Court. That court upheld the paper's right to appellate review and, after reviewing the legal standards for sealing documents filed in connection with a judicial disqualification, determined there was no compelling interest to keep the records sealed. It thus ordered the documents be made available for public inspection. Chief Justice Jeff Bivins and Justice Holly Kirby each filed separate opinions concurring in part and dissenting in part. Read more in a press release from the Administrative Office of the Courts.