The Tennessee Governor’s Council for Judicial Appointments met today to consider five applicants for an upcoming vacancy on the Tennessee Supreme Court. After holding a public hearing and conducting public interviews, the council selected the following three applicants: Tennessee Court of Appeals Judge Kristi M. Davis, Court of Criminal Appeals Judge Tom Greenholtz and Knoxville lawyer Dwight E. Tarwater. Once the governor makes his selection, the confirmation process will begin before the General Assembly. The vacancy will be created when Justice Sharon G. Lee retires on Aug. 31. Read more about the three candidates selected.

The most recent episode of WPLN’s “This is Nashville” podcast looks at the Tennessee State Supreme Court and the process for replacing retiring Justice Sharon Lee. Listen as a panel of experts talks about the history of the court, its influence and what makes it unique among other states. Guests include Erik Schelzig, editor of The Tennessee Journal; retired Tennessee Justice William Koch, dean of Nashville Law School; Court of Appeals Judge Andy Bennett; and Nashville lawyer David Raybin with Raybin & Weissman.

The Tennessee Supreme Court on Dec. 21 officially adopted the rule establishing a three-judge panel to hear constitutional challenges to state laws, executive orders, regulations and legislative redistricting cases. The high court added Tennessee Supreme Court Rule 54 as an interim rule in June 2021 and adopted amendments to it in September 2021. Read the order adopting Rule 54.

Tennessee Supreme Court Justice Sharon G. Lee recently presented awards to employees in the Tennessee Appellate Court’s Eastern Division for their years of service. The following employees were recognized: Missy McConkey, 25 years; Renee Hammond, 20 years; Jennifer Rosser, 15 years; Sally Goade, Tammy Capps and Rebekah Bradley, 10 years; and Daniel Parkhurst, Amy Sosinski and Lilas Taslimi, 5 years. The Administrative Office of the Courts has more pictures.

The Tennessee Supreme Court has issued two orders proposing amendments to the Rules of Civil Procedure and Rules of Criminal Procedure. Both would take effect in July 2023 if approved by the General Assembly. The amendment to the civil rules would change Rule 5.02 dealing with service and filing of pleadings and other papers. The amendment to the criminal rules would change Rule 49, dealing with serving and filing papers.

Cherokee High School students in Rogersville observed a session of the Tennessee Supreme Court on Dec. 6 as part of the “Supreme Court Advancing Legal Education for Students” (SCALES) program. Students witnessed a real case being presented to the court and got a firsthand look at the justice system in action, The Rogersville Review reports. After the hearing, students were served lunch and given an opportunity to ask questions of the lawyers who participated in the case. Tennessee Supreme Court Justice Sarah K. Campbell, a Cherokee High School graduate, also took time to speak with the students. See a photo from the day.

The Governor’s Council for Judicial Appointments will consider five candidates when it meets to select nominees for an upcoming vacancy on the Tennessee Supreme Court. Justice Sharon G. Lee plans to retire on Aug. 31, 2023. The applicants are: Tennessee Court of Appeals Judge Kristi M. Davis, Court of Criminal Appeals Judge Tom Greenholtz, First Judicial District Chancellor John C. Rambo, Chattanooga lawyer Michael Richardson with the Richardson Law Firm, and Knoxville lawyer Dwight E. Tarwater with Paine | Tarwater | Bickers. The council will hold a public meeting to consider the candidates on Jan. 4, 2023, beginning at 9 a.m. EST at the Howard H. Baker Jr. Center for Public Policy in Knoxville. The council is expected to vote to forward three names to Gov. Bill Lee immediately following the interviews.

The Tennessee Supreme Court today made a number of appointments to the Advisory Commission on the Rules of Practice and Procedure. Commission members Kathryn Barnett, James Bowman, Doug Halijan, F. Dulin Kelly and Allan Wade were reappointed to another term. They now will serve through June 30, 2026. The court also named three new members. Sarah Keith, an assistant district attorney general in the Anderson County District Attorney General’s Office, will replace Steven Strain, while Donald Capparella with Dodson Parker Behm & Capparella in Nashville will replace F. Braxton Terry. Both will serve through June 30, 2026. Finally, the court named 20th Judicial District Criminal Court Judge Jennifer L. Smith as the new trial court liaison to the commission. She replaces Shelby County Criminal Court Judge Mark Ward.

The Tennessee Supreme Court today made a number of appointments to the Tennessee Commission on Continuing Legal Education. Commission members Julie Bennett and Mitchell Panter were reappointed to another term. They now will serve through Dec. 31, 2025. Franklin lawyer David Veile also was reappointed to another term as commission chair. He will serve through Dec. 31, 2023. In addition, the court named two new members. Dr. LaDonna Tatum Williams, assistant principal of Nashville’s Westmeade Elementary School, will replace Concetta Smith, while Shannon Hoffert, regulatory counsel with Methodist LeBonheur Healthcare in Memphis, will replace Christopher S. Campbell. Both will serve through Dec. 31, 2025.

The Tennessee Supreme Court today upheld partial consecutive sentencing that was imposed by a trial court after it had found that a defendant’s record of criminal activity was extensive. The case involved the downloading of child pornography and child erotica material and subsequent uploading of 174 images and video to a Dropbox account. At trial, the defendant admitted those actions and that he had shared or traded electronic files with others. At sentencing, the trial court imposed partial consecutive sentences believing that the volume of material involved in the case qualified as extensive criminal activity. The Court of Criminal Appeals affirmed the sentence though one judge dissented, arguing the trial court should not have relied just on the number of counts to determine the activity was extensive. The high court affirmed the majority appellate decision, saying that an extensive record of criminal activity is that which is large or considerable in amount, time, space or scope, and that the trial court was correct in finding extensive criminal activity in this case.