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.

Tennessee Supreme Court Justice Mary L. Wagner received a warm welcome to the bench as family, friends, colleagues, elected officials and the judiciary joined her in Germantown for a ceremonial investiture by Gov. Bill Lee. “Justice Wagner is highly qualified and brings significant experience to the Tennessee Supreme Court,” Lee said. “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to celebrate her investiture.” Wagner was confirmed by the Tennessee legislature in March and her term began Sept. 1. She earned her bachelor’s degree at the University of Colorado at Boulder and her law degree at the University of Memphis Cecil C. Humphreys School of Law. Wagner fills a vacancy created by the retirement of Justice Roger A. Page. Read more in a press release from the Administrative Office of the Courts and see photos from the event.

Tennessee Court Talk, a podcast produced by the Tennessee Administrative Office of the Courts, offers insights into legal topics for judges, attorneys, law students and the general public. The latest episode features Justice Roger Page, who retired from the Tennessee Supreme Court at the end of August. He reflects on 25 years of judicial service. This and other episodes can be accessed at www.tncourts.gov or on popular podcast platforms.

The Tennessee Supreme Court has ruled that an alert from a trained drug-sniffing dog can be considered an element of probable cause for a search even though the dog cannot tell the difference between illegal marijuana and legal hemp. The decision stems from a February 2020 traffic stop during which an officer smelled a strong odor in the car and a drug dog "alerted" on the presence of drugs. A passenger's backpack was confiscated and found to contain one ounce of marijuana, a loaded firearm, Ziploc bags and a working scale. The passenger was charged with, among other things, possession of marijuana with intent to sell and possession of a firearm with intent to go armed during a dangerous felony. The defendant attempted to have the backpack's contents excluded from evidence, arguing that the dog could not tell the difference between illegal marijuana and hemp. The trial court agreed and suppressed the evidence. The state appealed and the Court of Criminal Appeals reversed, finding the dog's alert provided sufficient cause for the search. The Supreme Court agreed that there was sufficient cause for the search but clarified that the dog's alert did not on its own justify law enforcement's actions. Rather, it found that the totality of the circumstances, including the dog's alert and other suspicious elements, gave the officers probable cause.

Gov. Bill Lee issued a proclamation last month designating August as “Justice Roger A. Page” month in honor of the 26 years of service given by Justice Page, who is retiring at the end of the month. Page is a Chester County native who graduated from the University of Memphis School of Law  in 1984. He served as an assistant state attorney general in Jackson and was later sworn in as circuit court judge in the 26th Judicial District, where he presided over both civil and criminal trials in Chester, Henderson and Madison counties. Page joined the Tennessee Supreme Court in 2106 after being unanimously confirmed by the Tennessee General Assembly, the first justice to receive that level of support. “Justice Page leaves a legacy of dedicated and tireless work as a trial judge, as an intermediate appellate judge and as Justice and Chief Justice on the Tennessee Supreme Court, with his innate intelligence reflected in his decisions,” the proclamation states. Chester County Independent has the story.

An investiture ceremony for incoming Tennessee Supreme Court Justice Mary L. Wagner will take place Sept. 9 at 2 p.m. CDT at the Germantown Performing Arts Center in Germantown. The oath will be administered by Gov. Bill Lee. The theater is located at Performing Arts Center, 1801 Exeter Rd., Germantown 38138. View the invitation. RSVP to emily.rhea@shelbycountytn.gov to attend.