The Division of State Audit in the Office of the Comptroller of the Treasury on Sept. 5 issued its performance audit report of the Tennessee Court System, which evaluated the "effectiveness and efficiency" of the current system of indigent representation, as well as other court programs. The audit recognized that Tennessee, "like many other states," continues to face obstacles, and recommended that the Administrative Office of the Courts (AOC) "continue to work with the Supreme Court, the governor and the state legislature to ensure all citizens are afforded their constitutional or statutory right to legal counsel." The report discusses the need to address capacity issues and compensation of lawyers who take these difficult cases. The TBA remains committed to working with stakeholders to secure additional resources to address these issues. Read more about the report.

Tennessee Supreme Court Justice Mary L. Wagner received a warm welcome to the bench as family, friends, colleagues, elected officials and the judiciary joined her in Germantown for a ceremonial investiture by Gov. Bill Lee. “Justice Wagner is highly qualified and brings significant experience to the Tennessee Supreme Court,” Lee said. “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to celebrate her investiture.” Wagner was confirmed by the Tennessee legislature in March and her term began Sept. 1. She earned her bachelor’s degree at the University of Colorado at Boulder and her law degree at the University of Memphis Cecil C. Humphreys School of Law. Wagner fills a vacancy created by the retirement of Justice Roger A. Page. Read more in a press release from the Administrative Office of the Courts and see photos from the event.

Tennessee Court Talk, a podcast produced by the Tennessee Administrative Office of the Courts, offers insights into legal topics for judges, attorneys, law students and the general public. The latest episode features Justice Roger Page, who retired from the Tennessee Supreme Court at the end of August. He reflects on 25 years of judicial service. This and other episodes can be accessed at www.tncourts.gov or on popular podcast platforms.

The Tennessee Supreme Court has ruled that an alert from a trained drug-sniffing dog can be considered an element of probable cause for a search even though the dog cannot tell the difference between illegal marijuana and legal hemp. The decision stems from a February 2020 traffic stop during which an officer smelled a strong odor in the car and a drug dog "alerted" on the presence of drugs. A passenger's backpack was confiscated and found to contain one ounce of marijuana, a loaded firearm, Ziploc bags and a working scale. The passenger was charged with, among other things, possession of marijuana with intent to sell and possession of a firearm with intent to go armed during a dangerous felony. The defendant attempted to have the backpack's contents excluded from evidence, arguing that the dog could not tell the difference between illegal marijuana and hemp. The trial court agreed and suppressed the evidence. The state appealed and the Court of Criminal Appeals reversed, finding the dog's alert provided sufficient cause for the search. The Supreme Court agreed that there was sufficient cause for the search but clarified that the dog's alert did not on its own justify law enforcement's actions. Rather, it found that the totality of the circumstances, including the dog's alert and other suspicious elements, gave the officers probable cause.

Gov. Bill Lee issued a proclamation last month designating August as “Justice Roger A. Page” month in honor of the 26 years of service given by Justice Page, who is retiring at the end of the month. Page is a Chester County native who graduated from the University of Memphis School of Law  in 1984. He served as an assistant state attorney general in Jackson and was later sworn in as circuit court judge in the 26th Judicial District, where he presided over both civil and criminal trials in Chester, Henderson and Madison counties. Page joined the Tennessee Supreme Court in 2106 after being unanimously confirmed by the Tennessee General Assembly, the first justice to receive that level of support. “Justice Page leaves a legacy of dedicated and tireless work as a trial judge, as an intermediate appellate judge and as Justice and Chief Justice on the Tennessee Supreme Court, with his innate intelligence reflected in his decisions,” the proclamation states. Chester County Independent has the story.

An investiture ceremony for incoming Tennessee Supreme Court Justice Mary L. Wagner will take place Sept. 9 at 2 p.m. CDT at the Germantown Performing Arts Center in Germantown. The oath will be administered by Gov. Bill Lee. The theater is located at Performing Arts Center, 1801 Exeter Rd., Germantown 38138. View the invitation. RSVP to emily.rhea@shelbycountytn.gov to attend.

The Tennessee Supreme Court has ruled that a person who bought property near downtown Nashville, but failed to record the deed, could not gain full ownership under a legal doctrine known as “adverse possession.” Under that process, someone who may not own property but possesses it for a certain number of years may gain full ownership of it. After reviewing its precedents regarding the adversity requirement, the court held that adversity requires either a conflict of title or controversy regarding the right of possession. The decision reversed the Court of Appeals and reinstated the chancery court’s judgment. Chief Justice Holly Kirby dissented from the majority opinion, arguing that under longstanding property law, the court should have given the purchaser full ownership of the property. Read more in a release from the Administrative Office of the Courts.

A decision issued last week from the Tennessee Supreme Court Special Workers’ Compensation Panel found two significant provisions of The Reform Act to be constitutional. Though the case — Worrell v. Obion County School District — was not the first to challenge the law, the decision was the most substantive appellate opinion on the subject to date, the Tennessee Court of Workers' Compensation Claims writes in a blog post. The court details the specific provisions of the act that were challenged and upheld. It also notes that full Supreme Court declined to hear the case, so the panel decision is final. 

Memphis lawyer Larry E. Parrish has filed a petition with the Tennessee Supreme Court, asking the court to declare its own Rule 10B, which deals with judicial recusals, to be unconstitutional. Specifically, Parrish alleges that the rule’s provision by which a party waives their right to recusal, even on constitutional grounds, by failing to file a motion under Rule 10B, violates the U.S. Constitution’s 14th Amendment and state law. He notes that two cases presently pending in Tennessee trial courts, in which he is involved, illustrate the importance of the court resolving the questions he raises. He argues that recusal motions are stalled because the lower courts do not have subject matter jurisdiction to decide whether Rule 10B is unconstitutional.

The Tennessee Supreme Court has ruled that attorneys must promptly pay their annual professional privilege tax or face immediate suspension of their law license. Montgomery County attorney Colleen Ann Hyder was suspended in 2020 for non-payment but continued to represent clients in violation of state regulations. The court upheld a public censure against Hyder for this unauthorized practice, rejecting her claim that she had a grace period to wind down her practice following the suspension. Read more from the court about its findings and a press release from the Board of Professional Responsibility about the suspension.