TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 27, 2023

The Governor’s Council for Judicial Appointments is now accepting applications for the Tennessee Supreme Court vacancy that will be created by the retirement of Justice Roger A. Page effective Aug. 31, 2024. Interested applicants must be licensed attorneys who are at least 35 years of age, have been a resident of the state for five years and are currently a resident of Tennessee’s Eastern or Western Grand Division. Applicants must complete the designated application and submit it to the Administrative Office of the Courts by noon CST on Dec. 11. Get full application instructions on the court's website. The council will meet on Jan. 4-5 to hold a public hearing and interviews for the vacancy. Additional details about that meeting will be released soon. Questions about the process should be directed to Assistant General Counsel John Jefferson.

Posted by: Barry Kolar on Nov 20, 2023

Justice Roger PageTennessee Supreme Court Justice Roger A. Page has notified Gov. Bill Lee that he will retire at the end of August. Page was appointed to the Supreme Court in 2016, and served as chief justice from 2021 to 2023. During that time, he helped secure substantial funding to implement enterprise e-filing for the court system, improving efficiency and data collection and analysis. Page also promoted access to justice and pro bono service, and encouraged greater transparency and efficiency in the judiciary with live streaming of appellate arguments. “Justice Page has made a huge contribution to Tennessee's justice system, first as a trial judge handling both civil and criminal cases, then on the Court of Criminal Appeals and now on the Supreme Court," Chief Justice Holly Kirby said. “He is thoughtful and deliberate, and he brings wisdom and common sense to the serious issues we must decide.” Read more about Page’s career from the Administrative Office of the Courts.

Posted by: Julia Wilburn on Nov 2, 2023

The Tennessee Supreme Court issued an order today amending Rule 17, which provides for a uniform judgment document to be used in all trial courts of record for convictions in all cases falling within the Tennessee Criminal Sentencing Reform Act of 1989. Due to recent statutory changes, the uniform judgment document requires revisions, and the court has adopted an amended and updated document, which will take effect Jan. 1, 2024. Read the order.

Posted by: Julia Wilburn on Oct 20, 2023

The Tennessee Supreme Court issued an order Wednesday soliciting comments on a proposed change to Rule 9, section 16, which prescribes the procedure for complaints against members of the Board of Professional Responsibility, district committee members and disciplinary counsel. If adopted, these proposed amendments would replace Tennessee Supreme Court Rule 9 section 16 in its entirety. The deadline for submitting written comments is Dec. 12.

Posted by: Stacey Shrader Joslin on Oct 17, 2023

The Tennessee Supreme Court has unanimously held that a property owner using his home as a short-term rental did not violate homeowner association restrictions requiring homes be used for “residential and no other purposes.” However, the court also held that the property owner’s short-term rentals do violate later amendments to the restrictions that impose a minimum lease term of 30 days. Read more about the decision or access the full court opinion.

Posted by: Stacey Shrader Joslin on Oct 16, 2023

The Tennessee Supreme Court issued an order Monday designed to resolve a discrepancy between the word limitation provisions of Tenn. R. App. P. 30(e) and its own rules. The order amends Tennessee Supreme Court Rule 46, sec. 3.02(a)(1) to comport with the provisions of the Rules of Appellate Procedure. The amendment took effect upon filing of the order.

Posted by: Stacey Shrader Joslin on Oct 13, 2023

The State Building Commission has approved funding for selecting a designer and construction manager for renovations at the structures currently housing the Tennessee Supreme Court and former state library, the Nashville Post reports. Department of General Services Commissioner Christi Branscom told the commission that with the opening of a new state library, there is an opportunity to combine the two structures “to house more administrative offices of the court’s divisions.” Branscom said the project will preserve the historic elements of both buildings while providing a more modern and functional space. The plan includes additional office space and parking and an evaluation for a secure access corridor between the buildings.

Posted by: Barry Kolar on Oct 4, 2023

The Tennessee Supreme Court heard four cases today in Nashville and had two more cases on its docket that will be submitted on briefs. All of the cases presented today will be available on the court’s YouTube site. You can read details of the six cases on the court’s website.

Posted by: Barry Kolar on Oct 3, 2023

The Tennessee Supreme Court has upheld a trial court’s pre-trial ruling prohibiting a defendant doctor from using evidence that another physician, who was not in the lawsuit, caused the plaintiff’s injuries, because the defendant doctor did not give the plaintiffs notice that he intended to shift the blame for the injuries to the other doctor. In a split opinion, the court also held that Tennessee law prohibited the defendant doctor from putting on evidence of the plaintiff’s insurance or related discounts on his medical bills. Read the court's decision from Justice Holly Kirby and the concurring and dissenting opinion from Justice Roger Page.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

Gov. Bill Lee will formally swear in Justice Holly Kirby as the chief justice of the Tennessee Supreme Court on Wednesday at 9 a.m. CDT in the Historic Supreme Court Chambers of the Tennessee State Capitol. The day also will include the TBA’s Supreme Court Boot Camp program and a presentation on the history of the court by former TBA president Bill Harbison. Later this month, on Oct. 13, a reception for Kirby will be held in Memphis at 3 p.m. CDT at the law firm of Burch, Porter & Johnson, where she practiced law before joining the bench. Kirby was unanimously elected chief justice by the court for a two-year term and took the oath of office privately on Sept. 1. She was appointed to the Supreme Court in 2014 by former Gov. Bill Haslam. Before that appointment, she was named the first female judge on the Tennessee Court of Appeals and served there for almost 19 years.


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