TBA Law Blog


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Posted by: Paul Burch on Feb 6, 2024

The Tennessee Supreme Court last week hosted state supreme court chief justices from around the country as the Conference of Chief Justices (CCJ) held its Mid-Year Meeting in Nashville. While normally only the chief justice from each state attends CCJ conferences, all five of Tennessee's justices were able to attend since the state hosted the event. Sessions included the impact of AI on the administration of justice, the practice of law and law school curricula, in addition to ethical considerations related to AI in litigation and the judiciary. The justices also heard Tennessee author Keel Hunt, Nashville School of Law Dean William Koch and Nashville attorney Hal Hardin recount the story of how former Gov. Lamar Alexander took his oath of office early to stop a pardon scandal. That account is chronicled in Keel’s book “Coup.”Learn more about the meeting.

Posted by: Paul Burch on Feb 1, 2024

Gov. Bill Lee today nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court, the Administrative Office of the Courts reports. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. “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 appoint her to this position.” Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022. Her nomination now must be approved by the General Assembly. The Tennessean has more on the process.

Posted by: Paul Burch on Jan 18, 2024

The Tennessee Supreme Court has issued an order amending Rule 33.02(C) to increase the number of consecutive, full three-year terms that a Tennessee Lawyers Assistance Program (TLAP) member may serve from two terms to three terms. The amendment takes effective immediately. Read the order and see the amended language.

Posted by: Stacey Shrader Joslin on Jan 16, 2024

A news story in Friday’s issue of TBA Today incorrectly attributed the source of proposed amendments to Tennessee Supreme Court Rule 9, section 16, which, if adopted, would have replaced section 16 in its entirety and changed the procedure for complaints against members of the board, district committee members and disciplinary counsel. It also mischaracterized the position of the Board of Professional Responsibility. The Tennessee Supreme Court itself initiated the proposed changes and solicited public comment on them. Among the comments received were those from the board, which opposed the changes. On Friday, the court instead adopted “minor revisions” to the rule. See a red line version of the section and the new rule in this order from the court.

Posted by: Stacey Shrader Joslin on Jan 12, 2024

The Tennessee Supreme Court recently issued an order declining to adopt proposed amendments to Supreme Court Rule 9, section 16, which would have replaced section 16 in its entirety and changed the procedure for complaints against members of the board, district committee members and disciplinary counsel. The court said it received comments on the proposal from the Board of Professional Responsibility and the Knoxville Bar Association. Following the comment period, the court decided to adopt “minor revisions” to the rule instead. See a red line version of the section and the new rule in this order from the court.

Posted by: Stacey Shrader Joslin on Jan 11, 2024

The Tennessee Supreme Court has adopted amendments to the Tennessee Rules of Civil Procedure and the Tennessee Rules of Appellate Procedure. The amendments to the Rules of Civil Procedure include changes to Rule 43.01 (Evidence at Trials). The Rules of Appellate Procedure include changes to Rules 30 (Form of Briefs and Other Papers) and 31 (Brief and Oral Argument of an Amicus Curiae). The amendments are now subject to approval by the General Assembly. 

Posted by: Paul Burch on Jan 4, 2024

The Governor’s Council for Judicial Appointments met recently to consider six applicants for an upcoming vacancy on the Tennessee Supreme Court. After holding a public hearing and interviews, the council voted to advance Tennessee Court of Criminal Appeals Judge J. Ross Dyer, presiding judge of the Tennessee Court of Criminal Appeals Camille R. McMullen and Shelby County Circuit Court Judge Mary L. Wagner. The council has forwarded the names to Gov. Bill Lee for his consideration. The vacancy will be created by the upcoming retirement of Justice Roger A. Page, effective Aug. 31. Read the council's press release.

Posted by: Julia Wilburn on Dec 8, 2023

Today, the Tennessee Supreme Court temporarily blocked a lower court’s decision that lawmakers must redraw the state’s Senate maps. The ruling means that the current legislative districts will likely remain in place for the 2024 elections. In November, a three-judge panel ruled that new Republican-drawn maps were incorrectly numbered and violated the state constitution. The Associated Press reports the state argued that the plaintiffs in the case had no standing to sue and that the state wanted to exhaust all of its appeals options before having to reconfigure district lines. The Supreme Court’s ruling today sides with the state. The redrawn maps will stay in place as the appeals process runs its course.

Posted by: Stacey Shrader Joslin on Dec 6, 2023

A Nashville resident is seeking an expedited ruling by the Tennessee Supreme Court after a special three-judge panel of state court judges found Tennessee state Senate district boundaries to be unconstitutional. Attorneys for Francie Hunt filed a request yesterday, Tennessee Lookout reports. Simultaneously, a West Tennessee resident is appealing the panel’s finding that the House redistricting plan was constitutional. The challenge by Trenton resident Gary Wygant also seeks an expedited ruling. Tennessee Attorney General Jonathan Skrmetti is opposing both motions. His office says Hunt has no standing to sue, while Wygant fails to show “good cause” to suspend the normal schedule since a new House map is not needed. The panel of state judges gave the General Assembly until Jan. 31 to redraw the Senate lines.

Posted by: Stacey Shrader Joslin on Dec 4, 2023

The Tennessee Supreme Court will hear oral arguments in two cases this week at the University of Tennessee at Martin as part of its SCALES program. The event on Wednesday will feature arguments in Robert L. Trentham v. Mid-America Apartments, LP et al. and Pharma Conference Education, Inc. v. State of Tennessee. Sessions will be livestreamed starting at 9 a.m. CST on the court’s YouTube page. SCALES, which stands for Supreme Court Advancing Legal Education for Students, educates high school students about the Tennessee legal system and the functions of the judicial branch.


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