The Tennessee Supreme Court today issued an order amending Rule 25, Section 5.01. Section 5 deals with meetings of the Tennessee Lawyers Fund for Client Protection. The new amendment states there will “be no personal appearances except upon request of the Board” or “written authorization of the Board Chair, pursuant to a written request” that is submitted 14 days prior to the meeting. Read the order.

The Tennessee Supreme Court today issued an order amending Rule 8. The housekeeping amendments were made to rules 5.5, 5.7, 7.1 and 7.3(f)(2). Read the order here.  

The Tennessee Supreme Court will hear four cases tomorrow in Jackson. Arguments will begin at 9 a.m. and will be livestreamed to the Administrative Office of the Courts YouTube page. Cases to be heard include Paul Zachary Moss v. Shelby County Civil Service Merit Board; James A. Welch et al. v. Oaktree Health and Rehabilitation Center LLC d/b/a Christian Care Centers of Memphis et al.; Commercial Painting Company Inc. v. The Weitz Company LLC et al.; Roger Baskin v. Pierce & Allred Construction Inc. The AOC has more details on each case.

The Tennessee Supreme Court has issued an order dismissing, denying and granting various provisions contained in a petition filed by the Tennessee Commission on Continuing Legal Education. On Sept. 19, the commission filed a petition to amend multiple sections of Tennessee Supreme Court Rule 21 to correct typographical errors and address other non-substantive items. The court dismissed some of the requested changes because they had already been corrected or were related to provisions the court had since eliminated. It denied amendments to sections 3.01(c), 4.02(b) and (d), 4.04, 4.09, 5.01(f) (the first suggested amendment) and 5.01(h). The court granted the remaining proposed amendments to sections 4.07; 4.08(d); 5.01(f) (the second suggested amendment); 5.05(a), (c) and (d); 6.01; and 8.03. The court also today granted the commission’s request to withdraw a petition requesting amendments to Rule 21. The commission said that changes to the rule made by the court on Oct. 8, 2021, made the petition unnecessary.

The Tennessee Supreme Court today permanently eliminated limitations on distance learning, allowing Tennessee-licensed attorneys to complete all continuing legal education requirements through remote learning. The order deletes Rule 21, section 4.09, and amends sections 3.01(c), 4.02(c) and (d), 4.03(a), 4.04, 4.08(f), 5.01(g), 5.01(h), and 10.01(c)(1) and (2). Appendix A of the order shows a red-line version of the changes, while Appendix B shows the new text with amendments incorporated. The court reports that it received numerous comments about the change from individual attorneys as well as from the Memphis Bar Association, Mid-South Commercial Law Institute, Nashville Bar Association and Tennessee Bar Association. Read more from the court.

The latest episode of the state Supreme Court’s “Tennessee Court Talk” podcast is out with a focus on everything attorneys need to know about taking appointed case work in criminal defense, guardian ad litem, juvenile or judicial hospitalization cases. The podcast walks attorneys through filing for payment, expense claims, experts, investigators and more. Tune in and learn how to avoid common pitfalls and why this work is essential to the administration of justice in the state. Access it on the Tennessee Court Talk page or podcasts sites, including Apple podcasts, Spotify, iHeartRadio and more.

The Tennessee Supreme Court today reversed a decision of the Court of Criminal Appeals that granted relief to a defendant on an unpreserved and unpresented issue. The court found that the appeals court abused its discretion by granting the relief without giving the parties fair notice and an opportunity to be heard on the matter. The court said that while appellate courts have limited discretionary authority to review unpresented and unpreserved issues, they must provide fair notice and an opportunity to be heard before deciding such an issue. The decision came in the case of Lynn Frank Bristol, who was convicted on two counts of aggravated sexual battery in Coffee County and sentenced to 20 years in prison. Bristol had claimed his conviction should be overturned because of alleged discrepancies between the written jury instructions and the trial court’s oral jury charge.

The Tennessee Supreme Court, with the support of legal professionals and jurists in the area, will hold its SCALES Project at East Tennessee State University (ETSU) on Dec. 6. The justices will hear two oral arguments in the school’s Martin Center for the Arts. High school students from the area are invited to participate. The SCALES project is designed to educate high school students about the judicial branch of government. SCALES, which stands for Supreme Court Advancing Legal Education for Students, gives students a unique opportunity to hear oral arguments for an actual court case in their own region. The Washington County Bar Association announced the news.

Five cases are set for the Tennessee Supreme Court’s October docket. The high court will hear four cases in Nashville beginning at 9 a.m. CDT, with the final case to be submitted on briefs. Oral arguments will be livestreamed on the TNCourts YouTube page. Cases will include Kenneth J. Mynatt v. National Treasury Employees Union, Chapter 39 et al.; Emergency Medical Care Facilities, P.C. v. Division of TennCare et al.; Ernest Falls et al. v. Mark Goins et al.; Robert Crotty, et al. v. Mark Flora, M.D.; and Brian Philip Manookian v. Board of Professional Responsibility of the Supreme Court of Tennessee. The Administrative Office of the Courts has more details on each case.

The Tennessee Supreme Court will hear one case tomorrow using Zoom. Per court order, the case will not be livestreamed, but will be shown publicly in the courtroom of the Nashville Supreme Court building at 9 a.m. CDT. The case, In re Markus E., is an appeal to consider whether parental rights were properly terminated.