The Tennessee Supreme Court has ordered an increase of $100 in the annual registration fee paid by attorneys to the Board of Professional Responsibility (BPR) and adjustment to the allocation of those funds. The order amends Supreme Court Rules 9 and 33 and will be effective March 1, 2025, according to a press release from the Administrative Office of the Courts. In October, the court published for public comment the proposed amendments to increase the annual registration fee from $170 to $270 and to adjust the allocation of funds to $225 to the Board of Professional Responsibility (BPR), $30 to the Tennessee Lawyer Assistance Program (TLAP) and $15 to the Tennessee Lawyers Fund for Client Protection (TLFCP). According to the release, the court adopted the proposed amendments because the annual registration fee is one of the lowest in the country and has remained unchanged since 2009. Lawyers will begin paying the increased annual registration fee as of March 1, 2025.

The Tennessee Supreme Court has adopted amendments to Rule 54. The court noted that the changes were requested by the Administrative Office of the Courts. The rules will take effect immediately. View the red-line changes to the rule in the court’s order.

The Tennessee Supreme Court has adopted amendments to the Rules of Appellate Procedure and the Rules of Civil Procedure, which now are subject to legislative consideration. If approved by the General Assembly, the rules will take effect on July 1, 2025.

The terms of four Tennessee Commission on Continuing Legal Education members — Stephanie Coleman, Jay Ebelhar, Lynda Minks Hood and David Veile — will expire on Dec. 31. These members are not eligible for reappointment. To replace them, the Tennessee Supreme Court has adopted an order appointing new members to serve three-year terms starting Jan. 1, 2025, and ending Dec. 31, 2027. They are: Amy J. Farrar, founding partner of Tennessee Center for Estate & Elder Law in Murfreesboro; Joseph W. Smith, senior attorney at Miles Mason Family Law Group in Memphis; Mary Ann Upchurch, executive director of the Memphis Bar Association; and Wencke West, a Cleveland attorney in private practice. The court also has reappointed Julie Bennett, chief legal officer and corporate secretary at Ballad Health in Kingsport, as chair of the commission for a one-year term beginning Jan. 1 and ending Dec. 31, 2025.

The Tennessee Supreme Court will hear oral arguments in two cases on Dec. 4 at Austin Peay State University in Clarksville as part of its Supreme Court Advancing Legal Education for Students (SCALES) program. The cases are Theresa Thompson Locke et al. v. Jason D. Aston M.D. et al. and State of Tennessee v. Ambreia Washington. SCALES is an initiative launched by the court in 1995 to educate high school students about the Tennessee legal system and the functions of the judicial branch. SCALES has provided more than 40,000 students from more than 500 high schools the ability to witness the Tennessee Supreme Court in action. Read more about the program and the cases to be heard beginning at 9 a.m. CST that day. The session also will be livestreamed on the court's Youtube page.

The Tennessee Bar Association (TBA) has filed comments with the Tennessee Supreme Court in response to an order soliciting comments on proposed changes to the Appellate, Civil, Criminal and Juvenile Rules of Procedure as well as the Tennessee Rules of Evidence. The TBA’s comment is limited to proposed changes in three rules: Rule 24 of the Tennessee Rules of Criminal Procedure, Rule 47.02 of the Tennessee Rules of Civil Procedure and Rule 26 of the Tennessee Rules of Civil Procedure. Read the full comment.

The Tennessee Supreme Court has issued an opinion in Case v. Wilmington, involving a man who claimed he experienced “wrongful foreclosure” of his property. The court held that state law does not recognize a common law claim of “wrongful foreclosure.” Rather, such claims must be brought as existing breach of contract, tort or statutory causes of action. The plaintiff, Terry Case, filed the underlying action to stop the foreclosure of his property. After the foreclosure was allowed to proceed, Case filed an amended complaint asserting claims for “wrongful foreclosure,” among others. The trial court dismissed the claims. The Court of Appeals reversed on the “wrongful foreclosure” claim but upheld dismissal of the remaining claims. The Supreme Court reversed the appeals court and sent the case back to the trial court to enter an order of dismissal. To read more about the decision visit the Administrative Office of the Court's website. Chief Justice Holly Kirby issued a separate concurring opinion.

The Tennessee Trial Court Vacancy Commission met in Sevierville to select nominees for a circuit court judge in the 4th Judicial District, which includes Cocke, Grainger, Jefferson and Sevier counties. After holding a public hearing and conducting public interviews, the commission voted to recommend Dandridge lawyer Jeremy D. Ball, Rutledge lawyer S. Lane Wolfenbarger and Knoxville lawyer Luke A. Shipley to Gov. Bill Lee for his consideration. Read more about the candidates from the Tennessee Administrative Office of the Courts.

The Tennessee Supreme Court has extended a limited disaster plan for all the trial courts in the 1st, 2nd, 3rd and 4th Judicial Districts following severe flooding that occurred in the wake of Hurricane Helene. Deadlines for filings, statutes of limitation and certain court orders that were extended through Nov. 12 are now extended through Dec. 25. Read the full order.

The Tennessee Supreme Court heard oral arguments yesterday on whether Shelby County Criminal Court Judge Paula Skahan had the authority to vacate Pervis Payne’s death sentence in 2022 and replace it with two life sentences to be served concurrently. Payne was convicted in 1988 for the stabbing deaths of Charisse Christopher and her 2-year-old daughter. He has been in jail for 37 years and has maintained his innocence since being convicted. Payne appealed his case under a new state law that allows defendants to challenge death sentences if they are deemed to have an intellectual disability. The Tennessee Attorney General’s Office argued that Skahan had the authority to reduce Payne’s death sentence to life but not to change the structure of the sentences from consecutive to concurrent. Payne’s attorney argued the court had authority to do both since state law gives it “original and subject matter jurisdiction over all criminal matters that come before” it. Daily Memphian looks at the arguments.