Tennessee access to justice leaders today announced creation of the Justice Frank F. Drowota Trust to provide supplemental funding for organizations providing legal services to low-income individuals. The announcement was made today during a luncheon at Equal Justice University in Murfreesboro. Leaders involved in the trust include TALS immediate Past Director Ann Pruitt, former TBA President Buck Lewis, Supreme Court Justice Sharon Lee and Justice Drowota’s wife, Claire Drowota, who will serve as trustees. Former University of Tennessee College of Law Dean Doug Blaze, TBA President Jim Barry and Pruitt will serve as trust advisors and trustee successors. In response to the announcement, Supreme Court Chief Justice Roger Page said, “Everyone in Tennessee’s judiciary and beyond thought Frank was the finest judge and finest person we had ever known. The Court is pleased that his memory is being honored in this way.” For more information and to support the Drowota Trust, contact Buck Lewis. See additional photos from the event.

The Tennessee Supreme Court today appointed former judges D. Kelly Thomas and Vanessa Agee Jackson as new senior judges for the state. They will take office on Sept. 1. Thomas replaces Judge Thomas Wright, who is stepping down from the bench, for a term of two years. He has more than 30 years of judicial experience, having served on the Court of Criminal Appeals from 2006-2022 and as a circuit court judge in the Fifth Judicial District from 1990-2006. Jackson is being appointed for a term of four years. She previously was a circuit court judge in the 14th Judicial District from 2009-2022. Under Tennessee law, the court may appoint senior judges when one or more judicial districts require additional resources and the appointment will promote the effective administration of justice.

The Advisory Commission on the Rules of Practice & Procedure has presented its annual recommendations for rules changes to the Tennessee Supreme Court, which is now soliciting comments on the proposals. This year's package includes two proposed changes to the Tennessee Rules of Appellate Procedure: adding a comment to Rule 30 that all appellate court electronic filings are governed by Tenn. S. Ct. Rule 46 and changing Rule 31 regarding the brief and oral argument of an amicus curiae. The commission also proposed one change to the Rules of Civil Procedure, which would amend Rule 43.01 to allow witness testimony to be presented using audiovisual transmission from a remote location. Written comments on the proposed changes are due by Nov. 22. Submissions should reference Docket Number ADM2023-01208.

Retiring Supreme Court Justice Sharon G. Lee will be honored on Aug. 24 at the Tennessee Supreme Court building in Knoxville with an unveiling of her portrait in the courtroom. The ceremony is open to the public and will be live streamed on the court’s YouTube page. In addition, Lee will be honored Aug. 25 at a dinner hosted by the Bradley County Bar Association at the Museum and Cultural Center at in Cleveland. A limited number of tickets are available from the Bradley County Bar Association. And on Aug. 29, the Nashville School of Law, the Nashville Bar Association, and the law firm of Dodson, Parker, Behm & Capparella will host a retirement celebration at the Nashville School of Law. Lee will retire Aug. 31.

The Tennessee Supreme Court Historical Society will host a reception on Oct. 4 from 5:30-7 p.m CDT to honor the current, outgoing and new members of the court. Retiring Justice Sharon Lee and incoming Justice Dwight Tarwater specifically will be honored. The event will take place at the Nashville office of Holland & Knight, 511 Union St., Ste. 2700, Nashville 37219. For more information contact Stacie Beishuizen. The society was founded in 1995 to ensure the preservation and accessibility of the records of the court.

Retired Coffee County Circuit Court Judge Vanessa Jackson was recently named by the Tennessee Supreme Court as the first female senior judge. The Tullahoma News reports that Jackson is one of seven senior judges, each having held an elected judicial position to qualify for the appointment. A senior judge presides over cases when judges have recused themselves, have an extended illness or face an extra heavy caseload.

The Tennessee Supreme Court issued opinions in two cases today asserting that the plaintiffs in those cases could proceed with their vicarious liability claims, which were timely filed, against the defendant hospitals, even though the statute of limitations would have barred any claims against the hospitals’ agents. The court concluded that, in the circumstances of these cases, the Health Care Liability Act abrogates a common-law rule known as the operation-of-law exception. The justices filed several separate opinions in the cases, which are available here: Ultsch opinion authored by Justice Sarah Campbell, Ultsch opinion authored by Justice Sharon Lee, Ultsch opinion authored by Justice Jeff Bivins, Gardner opinion authored by Justice Sarah Campbell, Gardner opinion authored by Justice Sharon Lee and Gardner opinion authored by Justice Jeff Bivins.

The Tennessee Supreme Court today held that the criminal gang-enhancement statute is worded broadly and does not require the state to specify a criminal defendant’s gang subset in an indictment. The statute also does not require the indictment to set forth that the defendant is in the same gang subset as the individuals whose criminal activity establishes the gang’s “pattern of criminal gang activity.” Read more about the case from the Administrative Office of the Courts or read the opinion.

The Tennessee Supreme Court recently issued an opinion that Supreme Court Rule 13 — which provides the procedure for administering funds for assisting indigent litigants in capital cases — was constitutionally applied in the state’s case against Jessie Dotson. Following conviction for premeditated first-degree murder, Dotson raised claims of ineffective assistance of counsel and requested funds to hire experts to assist him. The post-conviction court authorized the funds, but the Administrative Office of the Courts and the Tennessee Supreme Court chief justice reduced the amount in some instances and denied approval in others. After the Court of Criminal Appeals upheld those changes, Dotson appealed to the Supreme Court, arguing, among other things, that he was denied a full and fair post-conviction hearing. The high court disagreed, ruling that the application of Rule 13 to Dotson’s case was constitutional, that he was not denied due process, and that he was afforded a full and fair post-conviction hearing. Read more about the case.

The Tennessee Supreme Court today affirmed a one-year suspension for Sevier County attorney James Ralph Hickman Jr., but increased the length of time to be spent on active suspension. The Board of Professional Responsibility (BPR) had recommended that Hickman serve at least 90 days on active suspension with the remainder on probation. It also imposed several conditions of probation, including that Hickman be under the supervision of a practice monitor and complete 15 additional hours of CLE in estate management. Finally, it required that any violation of the conditions result in automatic reversion to active suspension. The court changed the BPR’s recommendation in two ways: it increased the length of active suspension to six months and removed the requirement that a violation of probation automatically reverts his case to active suspension. Hickman’s conduct was determined to violate Tennessee Rules of Professional Conduct 1.5(a), 3.3(a)(1) and RPC 8.4(c). Read more in a press release from court or the opinion.