The Tennessee Supreme Court issued an order seeking comments on proposed changes to Rules 9 and 33, which would increase the annual registration fee from $170 to $270 and allocate the funds as follows: $225 to the Board of Professional Responsibility (up from $140), $15 to the Tennessee Lawyers’ Fund for Client Protection (up from $10), and $30 to the Tennessee Lawyer Assistance Program (up from $20). The court says the proposal is based on its own comprehensive review of the sufficiency of the annual registration fee and the allocation of funds it generates. Comments should be submitted by Nov. 8 and mailed to Clerk James Hivner, RE: Proposed Amendments to Tenn. Sup. Ct. R. 9 & 33, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407 or by email to appellatecourtclerk@tncourts.gov. Comments should reference docket number ADM2024-01525.

The Tennessee Supreme Court has issued a corrected version of an order released on Sept. 23 reassigning justices to the state’s various judicial districts. Jeffrey S. Bivins has replaced recently retired Roger A. Page as the justice for Circuit No. 2, which consists of Judicial Districts 9, 10, 11, 12, 13 and 31. Mary L. Wagner has replaced Bivins as the justice for Circuit No. 4, which consists of Districts 17, 21, 22, 23, 24, 26 and 32. The amended order clarifies that Circuit No. 4 includes the 32nd Judicial District.

The Tennessee Supreme Court has activated a limited disaster plan for trial courts in four judicial districts impacted by severe flooding from Hurricane Helene. The order extends deadlines for filings, statutes of limitation and certain court orders by 45 days, from Sept. 26 to Nov. 12. Orders of protection and temporary injunctions that would otherwise expire between those dates are now extended until Nov. 12. This action follows emergency declarations by Gov. Bill Lee and President Joe Biden that an emergency exists in the state of Tennessee, including parts of the First, Second, Third and Fourth Judicial Districts, according to a press release from the Administrative Office of the Courts.

The Tennessee Supreme Court today issued an order amending Rule 13 to among other things, make changes to the Administrative Office of the Court’s (AOC) Claims and Payment System (ACAP). To give the AOC time to implement the changes, the court set the effective date for Sec. 6(a)(1) as Dec. 1. All other changes — including those related to the financial obligations of parents, legal custodians and guardians in cases when a guardian ad litem is appointed and the crimes that affect the maximum compensation allowed for appointed criminal cases — will take effect immediately. The AOC had proposed various amendments to the rule on March 7. The court accepted comments on the proposal through May 6.

The Tennessee Supreme Court has adopted an order amending Tennessee Supreme Court Rule 31(15)(b) following a petition from the Alternative Dispute Resolution Commission (ADRC) asking the court for discretion when considering a Rule 31 application training requirement. The court amended the rule to add the following language: “The ADRC may grant a training waiver upon appropriate application for those whose credentials have lapsed for failure to comply with CME requirements pursuant to Rule 31(15)(a) for failure to timely renew under Rule 31(15)(b), or for any other reason deemed sufficient by the Commission.” The court reported that during the comment period on the proposed change it received responses from the ADRC, the Knoxville Bar Association, the Tennessee Bar Association and private individuals.

The Tennessee Supreme Court has amended Supreme Court Rule 10B, Section 3.03, which changed some of the language regarding seeking a disqualification or recusal of an appellate judge or justice. Read the amended rule here.

The Tennessee Supreme Court has one case set for its Oct. 4 docket. It will hear oral arguments in the case of Gary Wygant and Francie Hunt v. Bill Lee et al. beginning at 9 a.m. CDT at the Tennessee Supreme Court building in Nashville. The arguments also will be live streamed on the court’s YouTube page. The case arises from a challenge to the maps of state legislative districts implemented after the 2020 census. Learn more about the case.

The Tennessee Supreme Court has updated Rule 11 of its rules to reflect the assignment of justices to the state’s various judicial districts. Jeffrey S. Bivins has replaced recently retired Roger A. Page as the justice for Circuit No. 2, which consists of the 9th, 10th, 11th, 12th, 13th and 31st Judicial Districts. Mary L. Wagner has replaced Bivins as the justice for Circuit No. 4, which consists of the 17th, 21st, 22nd, 23rd, 24th, 26th and 32nd Judicial Districts. The court issued a corrected version of this order on Oct. 8. Read the order.

The Tennessee Supreme Court has issued 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 deadline for submitting written comments is Nov. 19. Submit comments by email to appellatecourtclerk@tncourts.gov or by mail to Appellate Clerk James Hivner, Re: 2025 Rules Package, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407. Submissions should reference docket number No. ADM2024-01134.

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.