The Tennessee Supreme Court yesterday extended the deadline for comments on a proposal to change comity requirements to Aug. 19 for one filer: the Board of Law Examiners. For all other comments, the deadline remains July 25. The court said it approved the extension at the request of the board. The proposed rule change was submitted by The Network of Enlightened Women. It would amend Tennessee Supreme Court Rule 7, Section 5.01(c) to remove the requirement that lawyers maintain a full-time law practice or full-time law school teaching position. Comments should be submitted to James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. North, Nashville, TN 37219-1407. Read the original petition.

The City of Franklin has announced it will rename Fourth Avenue downtown to honor late Tennessee Supreme Court Justice Cornelia “Connie” Clark, the Williamson Herald reports. Clark, a Franklin native, lived on Fourth Avenue for many years. “It is with great honor that we give Fourth Avenue the honorary name after Justice Clark,” Franklin Mayor Dr. Ken Moore said. “Justice Clark gave so much to our Franklin community, and she will always be remembered for all she achieved for Franklin and Tennessee.” A street naming event will be held on June 21 at Fourth Avenue and Martin Luther King Jr. Avenue. The block from North Margin Street to MLK Jr. Avenue will be closed, and parking will be available on MLK Jr. Avenue.

The Tennessee Supreme Court has declined to rehear the challenge to Gov. Bill Lee’s school voucher program, the Tennessean reports. Metro Nashville and Shelby County governments petitioned the high court earlier this month to review its decision that the Education Savings Account was not in violation of the state’s “Home Rule Amendment.” In an order issued today, the Supreme Court said it had thoroughly reviewed the petition. "The Court previously considered the issues raised in the petition in the course of its resolution of the appeal," the order stated. "The petition, therefore, is respectfully denied." No word yet from the Governor’s Office or the Department of Education on when they will implement the program.

The Knoxville Bar Association announced this week that it will seek its members’ input on whether they support retaining the justices of the Tennessee Supreme Court and judges on the Court of Appeals and Court of Criminal Appeals. The Appellate Court Retention Election Candidate Member Survey will be released June 13 with responses due on June 27. The KBA notes that the survey is voluntary and does not represent a scientific sampling of members. Tennesseans will vote on whether to retain these jurists on Aug. 4. The KBA says it provides feedback from lawyers to help voters assess those on the ballot and make wise choices in the elections.

The Tennessee Supreme Court unanimously held today that the Tennessee Republican Party and its State Executive Committee did not violate the Tennessee Open Meetings Act when they determined that Robby Starbuck would not be added to the ballot in the upcoming primary election for the U.S. House of Representatives 5th Congressional District because the law did not apply. The court found that the party was acting as a state executive committee when it determined Starbuck was not a bona fide Republican and removed him from the ballot. The Open Meetings Act applies to state boards but not to state executive committees, the court said.

The Tennessee Supreme Court in a unanimous decision issued today clarified the appropriate legal standard to be applied in post-conviction cases involving allegations of ineffective assistance of counsel due to counsel failing to seek suppression of evidence on Fourth Amendment grounds. The court ruled in the case of Tommie Phillips v. State of Tennessee that such claims must meet a three-prong test to proceed: prove that a suppression motion would have been meritorious, that counsel’s failure to file such a motion was objectively unreasonable, and that, but for counsel’s objectively unreasonable omission, there is a reasonable probability that the verdict would have been different absent the excludable evidence. In this specific case, the court found that Phillips failed to establish a successful claim of ineffective assistance of counsel.

Admission ceremonies for those who passed the February 2022 Tennessee Bar Exam continued today virtually. Ceremonies took place at 9 a.m., 10 a.m., 12:30 p.m. and 2 p.m. Supreme Court Chief Justice Roger Page administered the oath at the first morning event while Justice Sharon Lee administered the oath at the second morning ceremony. Justice Jeffrey Bivins presided over the lunchtime ceremony. Justice Sarah Campbell wrapped up the day's events, administering the oath at the afternoon session. TBA Executive Director Joycelyn Stevenson was on hand at each event to virtually introduce several attorneys. See photos from today's ceremonies.

The Tennessee Supreme Court Access to Justice Commission today announced it will launch the Tennessee Justice Bus on Wednesday at 10:15 a.m. CDT at the Embassy Suites in Franklin. Outfitted with computers, a printer, internet access and video displays, the Justice Bus is a mobile law office that brings technology to rural and disadvantaged communities. Lawyers and volunteers will be able to provide on-the-spot access to legal help and meet Tennesseans where they are. The goal of the Justice Bus project is to address the technology gap faced by many rural and disadvantaged citizens. Supreme Court Chief Justice Roger Page, Justice Jeff Bivins, Tennessee Alliance for Legal Services Executive Director Laura Brown and former Administrative Office of the Courts Director Deborah Taylor Tate are set to speak at the launch event.

The Tennessee Supreme Court will now make the final decision on whether Robbie Starbuck will be allowed back onto the ballot in the 5th Congressional District Republican primary, the Tennessean reports. Davidson County Chancellor Russell Perkins ruled last week that the party’s private meeting to remove Starbuck from the ballot violated the state’s open meetings act. That decision was appealed by the Secretary of State’s office. The high court yesterday temporarily blocked Perkins’ ruling and gave Starbuck’s lawyers until this morning to file a response. The justices will conduct an expedited review of the case. In a previous lawsuit, the Secretary of State’s office said June 10 was the deadline to finalize ballots. Early voting starts July 15.

The Tennessee Supreme Court today affirmed a 30-day suspension for Davidson County attorney Candes Vonniest Prewitt. A Board of Professional Responsibility (BPR) hearing panel found that Prewitt violated multiple provisions of the Tennessee Rules of Professional Conduct in her handling of a personal injury case for a client with whom she had a romantic relationship, including Rules 1.1, 1.3, 1.7, 1.16 and 8.4(a). The BPR recommended that the court impose a 30-day suspension, 10 extra hours of continuing education in ethics, and supervision by a practice monitor for six months after reinstatement. On appeal, the Davidson County Chancery Court and the Supreme Court affirmed the panel’s decision. The high court ruled that the discipline was supported by substantial and material evidence and was neither arbitrary nor an abuse of discretion. It also noted that though Prewitt complained of a hearing panel’s alleged conflict of interest, she waived the issue during the disciplinary proceedings.