The Tennessee Supreme Court today held the first of two days of formal interviews for the six applicants for Tennessee’s new attorney general and reporter. Each applicant introduced himself, followed by extensive questioning from each of the justices, the Administrative Office of the Courts reports. A video of the proceedings is now available online. “The applicants were all remarkable, experienced, and gracious in their answers during a robust interview process,” Chief Justice Roger A. Page said. The court will continue its process tomorrow.

The Tennessee Supreme Court last week issued an order amending Rule 9, section 8.1 to fix a “housekeeping” issue and “ensure consistency” with Rule 8.5(a). The order clarifies that any attorney not admitted to practice in the state, who practices law or renders or offers to render any legal services in the state, is subject to the disciplinary jurisdiction of Tennessee Supreme Court, the Board of Professional Responsibility, including its panels, district committees and hearing panels, and the circuit and chancery courts of the state. The order took effect immediately.

The Tennessee Supreme Court today reappointed seven members to the Advisory Commission on the Rules of Practice and Procedure. They are: Andrée Blumstein, Eugene “Gino” Bulso, Bo Burk, Michael Carter, Mark Fulks, Aaron Hall and Timothy Mickel. Their previous terms expired on June 30. They will now serve through June 30, 2025. The court also reappointed Bulso as chair and Clayton as vice chair of the commission. They will serve in those rules through June 30, 2023.

The Tennessee Supreme Court last week dismissed a petition for reinstatement filed by Florida attorney David Brian Wilford. After receiving the petition, The Tennessee Board of Professional Responsibility reported to the court that Wilford had paid outstanding professional privilege taxes but remained noncompliant with continuing legal education requirements. The court sent two letters to Wilford advising him of the CLE requirements, and that the petition would be dismissed if he did not respond by July 5. The court reports that Wilford had not responded.

The Tennessee Supreme Court recently rejected a recommendation for discipline as too lenient. The Board of Professional Responsibility had recommended that Sevierville lawyer James Ralph Hickman Jr. be suspended for one year, with “no less than 90 days” to be served on active suspension and the remainder on conditional probation. The court said it was concerned that the punishment was too lenient and “not comparable to the punishment imposed in similar cases.” It also expressed concern about the indefinite language used to define the period of active suspension. The board now has 30 days to file additional information. Hickman has 20 days to file his brief, after which, the board will have 20 days to file its brief.

The Tennessee Supreme Court today adopted amendments to Rule 46 regarding electronic filing. The revised rule replaces the prior transitional Rule 46 and continues to authorize parties to e-file documents voluntarily. Read the order, which went into effect on July 1.

The Tennessee Supreme Court yesterday issued an order extending the deadline for comments on a proposal to change the requirements for comity. Comments for all parties, except the Board of Law Examiners, is now Aug. 12. Under a previous order, the board has until Aug. 19 to file its comments. The proposal, submitted by The Network of Enlightened Women, would amend Tennessee Supreme Court Rule 7, Section 5.01(c) to remove the requirement that a lawyer maintain a full time law practice or full time law school teaching position. Comments should reference the docket number and be e-mailed or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. North, Nashville, TN 37219.

An attorney who passed the Uniform Bar Exam and is licensed to practice in New York is asking the Tennessee Supreme Court to step in after the Tennessee Board of Law Examiner denied her request to transfer her bar score to Tennessee, the Nashville Post reports. Violaine Panasci moved to Nashville in 2021 after being hired by Chattanooga-based Rockridge Venture Law. She previously earned a master of laws degree at Pace University in New York, where she passed the bar and was licensed to practice. Panasci attended college and law school in Canada. The board determined that her Canadian education was not “substantially equivalent” to an American legal education. In legal filings, Panasci notes that more than 100 similarly situated attorneys have been admitted to practice in Tennessee. She is represented by former U.S. Attorney Bill Killian. The Goldwater Institute, the Beacon Center of Tennessee and the Southeastern Legal Foundation have filed a brief arguing Panasci has a constitutional right to earn a living. Read the group’s arguments in this article from Attorney at Law magazine. Read Panasci's petition and brief, the state's response, petition to file an amicus brief and docket information.

The Tennessee Supreme Court unanimously voted yesterday to reverse a Davidson County trial court’s calculation of attorney fees. The trial court had sought to limit the award of attorneys fees to a homeowner who had sued a contractor over work she found to be unsatisfactory. The contractor had countersued alleging breach of contract and then amended his suit to increase the amount of damages being sought. The trial court dismissed the contractor’s suit and the homeowner sought attorneys fees. The court limited the fee to legal work done after the amended countersuit was filed. The Supreme Court reversed saying the legislature allowed attorneys fees to discourage frivolous claims. Because the amended countersuit contained the same breach of contract claim as the original, the court said the homeowner should be able to collect the full amount of fees allowed under law. Read more from the court or access the opinion.

The Tennessee Supreme Court agreed last week to hear arguments in an ongoing lawsuit over reinstating voting rights to residents with out-of-state felony convictions, the Tennessean reports. Tennesseans with prior in-state felony convictions can restore their rights in a few ways, including by having their citizenship restored by fulfilling their obligations through paying court costs and restitution. In theory, the same pathway is open to everyone equally. But some newer Tennesseans with out-of-state felonies never had court costs to pay and court documents show they've struggled to prove their eligibility. The lawsuit, filed in 2020, argues the distinction is illegal and should be blocked in the courts.