TBA Law Blog


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Posted by: Julia Wilburn on Apr 23, 2024

The Administrative Office of the Courts (AOC) has released a new episode of the Court Talk podcast, recorded at the 2024 Conference of Chief Justices in Nashville. Justice Sarah Campbell interviews Chief Justice Mary R. Russell of Missouri, Chief Justice Elissa Cadish of Nevada, Chief Justice Elizabeth Clement of Michigan and Chief Justice Ann Timmer of Arizona about how new technologies have been implemented in their respective states. Technology is changing at a rapid pace, and judicial systems here in Tennessee and around the U.S. are finding innovative ways to keep up, from positive uses of AI, to civic education, to improved access to justice, data access and more.

Posted by: Stacey Shrader Joslin on Apr 22, 2024

logo for NextGen bar examThe Tennessee Supreme Court has announced that starting in July 2027, law school graduates applying to become licensed attorneys in Tennessee will take the “NextGen Bar Exam” rather than the Uniform Bar Examination (UBE), which has been used in Tennessee since 2019. According to a news release from the court, Tennessee joins 16 other jurisdictions in announcing plans to adopt the new exam, which will focus on a broad range of foundational skills, using a set of clearly identified legal concepts and principles required for the competent practice of law.

Justice Jeff Bivins, the court’s liaison to the Tennessee Board of Law Examiners, said of the decision: “The NextGen exam furthers our goal of ensuring that new attorneys in Tennessee have the knowledge and skills to meet their clients’ legal needs. It also helps ensure that Tennessee remains part of a broad group of jurisdictions supporting lawyer mobility by offering portable bar exam scores that can be used for admission elsewhere.” The move in Tennessee and elsewhere comes after the National Conference of Bar Examiners launched a comprehensive review of the UBE in 2018, holding listening sessions with more than 400 stakeholders and conducing a nationwide practice analysis with nearly 15,000 lawyers.

Posted by: Stacey Shrader Joslin on Apr 22, 2024

The Tennessee Access to Justice (ATJ) Commission will host a virtual summer law student fellows program to connect students with pro bono opportunities. The A2J Summer Law Student Fellows Program will kick off May 20 and run through July 26. Law students interested in participating can learn more here or sign up here. The commission also is looking for legal organizations to host fellows. To express interest in that opportunity, please fill out this form. Questions about the program can be directed to Anne-Louise Wirthlin at the Administrative Office of the Courts Access to Justice Team. View a handout geared to students or a handout geared to hosting organizations.

Posted by: Stacey Shrader Joslin on Apr 17, 2024

The Tennessee Supreme Court has issued notice that the state Senate and House have ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Appellate Procedure. The amendments will take effect on July 1.

Posted by: Stacey Shrader Joslin on Apr 11, 2024

The Tennessee Supreme Court today issued a correction to published Rule 10B, sec. 3.03(b). The court said that the published text did not accurately reflect the text of what it approved on Nov. 22, 2016. The correct language is as follows: “If a motion is filed seeking disqualification, recusal, or determination of constitutional or statutory incompetence of all of the justices of the Supreme Court, and if the motion is denied by the justices, no motion for court review shall be available pursuant to section 3.03(a).” The court directed that the current language should be deleted and replaced with the language adopted in 2016.

Posted by: Stacey Shrader Joslin on Apr 11, 2024

The Memphis Bar Association (MBA) will hold a reception on May 2 to honor newly-confirmed Tennessee Supreme Court Justice Mary Wagner. The event will take place from 4-6 p.m. CDT on the second floor of the Judge D’Army Bailey Courthouse, 140 Adams Ave., Memphis 38103. Drinks and hors d’oeuvres will be provided. RSVP by April 29 to info@memphisbar.org or 901-527-3573. Wagner, who currently serves on the Shelby County Circuit Court, was confirmed by the Tennessee General Assembly on March 11. She will join the court after Justice Roger A. Page retires on Aug. 31.

Posted by: Julia Wilburn on Apr 9, 2024

The Tennessee Supreme Court on Monday held that a plaintiff may go forward with claims of direct negligence against a business even after the business admits it is indirectly liable for any negligence of its employee. The court also held that a plaintiff may assert concurrent claims based on both negligent activity and premises liability. Read the unanimous opinion in Binns v. Trader Joe’s East Inc., authored by Justice Roger A. Page.

Posted by: Stacey Shrader Joslin on Apr 1, 2024

The Tennessee Supreme Court will be at the University of Memphis Cecil C. Humphreys School of Law on Wednesday to hear oral arguments in three cases. The proceeding will begin at 9 a.m. CDT with the case of State of Tennessee v. Christopher Oberton Curry Jr., which will test whether there was sufficient evidence to support Curry’s conviction and whether the trial court jury instructions properly defined the term “crime of violence.” At 10:15 a.m, the court will hear arguments in the case of Leah Gilliam v. David Gerregano, Commissioner of the Tennessee Department of Revenue et al. Gilliam is challenging the department’s revocation of her vanity license plate more than 10 years after issuing it. At 1:15 p.m., the court will hear the final case, State of Tennessee v. Andre Jujuan Lee Green, which will test whether the scent of marijuana detected by a canine is probable cause for a warrantless search. Green will argue that a canine cannot distinguish between the smell of illegal marijuana and legal hemp. The proceedings will be livestreamed on the court’s YouTube page.

Posted by: Stacey Shrader Joslin on Mar 21, 2024

With the Tennessee Supreme Court’s recent decision to abolish a common law rule that required testimony of a criminal defendant’s accomplice to be supported by other evidence, the Tennessean looks at how this change could impact trials in the state. The piece quotes a number of criminal defense attorneys, as well as Nashville District Attorney Glenn Funk, who says the change “has the potential to impact a large number of cases.” Read more reactions in the article.

Posted by: Julia Wilburn on Mar 15, 2024

The Tennessee Supreme Court has presented its Technology Strategic Plan for Tennessee’s judicial system. The plan, developed by the Court System Information Technology Oversight Committee, outlines the design and implementation of a unified technology strategy for Tennessee’s judicial system. The committee, headed by Justice Sarah Campbell, included a variety of stakeholders and participants in Tennessee’s judicial system who provided meaningful input on both the challenges and opportunities technology presents. Moving forward, the committee will work collaboratively with the Administrative Office of the Courts (AOC) to collect detailed information from stakeholders as concrete action steps are developed for each goal.


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