Changes to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure, approved by the General Assembly in April, took effect July 1. The changes were originally proposed by the Tennessee Supreme Court in August 2022 based on recommendations from the Advisory Commission on the Rules of Practice & Procedure. The court originally included amendments to Rule 41 of the Rules of Criminal Procedure but after a comment period decided to send that section back to the commission for further consideration.

The Tennessee Supreme Court has ruled that persons who lose the right to vote in Tennessee because of a criminal conviction in another state must comply with requirements set forth in two different Tennessee statutes, both of which address voting rights, in order to regain their right to vote. Justice Jeff Bivins, writing for the majority, ruled that individuals seeking to reinstate their right to vote must comply with both Tenn. Code. Ann. section 2-19-143(3), which requires the state to re-enfranchise persons convicted of out-of-state infamous crimes as soon as said persons are “pardoned or restored to the rights of citizenship by the governor or other appropriate authority of such other state," as well as the additional requirements set forth in Tenn. Code Ann. section 40-29-202, which requires that persons convicted of infamous crimes pay outstanding court costs, restitution and child support obligations before they can be re-enfranchised. Justice Sharon Lee dissented, stating that the plaintiff had been granted clemency, which restored his voting rights, so the requirement under section 40-29-202 does not apply because the plaintiff had no need to have his voting rights restored.

For the ninth year in a row, the Tennessee Supreme Court is recognizing Attorneys for Justice, honoring all attorneys who provide at least 50 hours of service annually. The recognition program was created to encourage more attorneys and law offices to provide pro bono services to those who cannot afford legal costs, with a goal of increasing statewide pro bono participation to 50%. See the list of current Attorneys for Justice on the Supreme Court’s website.

The Tennessee Supreme Court today issued an order adopting a new Court of Appeals Rule 17. The rule deals with the signing of notices of appeal, applications for permission to appeal, applications for extraordinary appeal, petitions for recusal appeal, briefs, motions, representations to the court, and sanctions. The amendment takes effect immediately.

Following the Tennessee Supreme Court’s decision striking down a $50 cap on TennCare reimbursements for emergency room non-emergency health conditions, the state agency says it is “considering next steps.” The cap, which has been in place for more than a decade, was originally set to help cut costs as the agency was facing a $100 million shortfall. At the time, the agency promised to go through a standard rule-making process to put the cap in place, but that never occurred, Tennessee Lookout reports. The court ruling now potentially opens up taxpayers to years of back claims from hospitals and doctors in the state.

The Tennessee Supreme Court yesterday adopted Tennessee Supreme Court Rule 55 – Use of Technology for Court Proceedings. The rule allows the use of teleconferencing, video conferencing and other technology to conduct court proceedings remotely at the discretion of the trial or appellate court. During the COVID-19 pandemic, the court encouraged the use of technology to facilitate remote proceedings, and has since found that parties and courts benefit from remote proceedings, making the pandemic exception a permanent option.

The 21st Judicial District Recovery Court in Williamson County has received a $5,000 “Helper Grant” from the Nashville Predators Foundation. The grant is named for Predators Senior Vice President Gerry Helper. His wife, Williamson County District Attorney Kim Helper, died in March. She had been an original member of the recovery court board and was a strong supporter. The funds will be used for “reentry baskets,” which are given to those entering the recovery court program, 99% of whom come directly from jail. Read more from the Administrative Office of the Courts.

The Tennessee Supreme Court has three cases set for its June 1 docket. The first two cases will be heard in Nashville beginning at 1 p.m. CDT tomorrow. The final case will be submitted on briefs. The cases are: Peggy Mathes et al. v. 99 Hermitage, LLC, Thomas Edward Clardy v. State of Tennessee, and Loring E. Justice v. Board of Professional Responsibility. Arguments will be livestreamed to the TNCourts YouTube page. Read more about the cases from the Administrative Office of the Courts.

An item in yesterday's issue of TBA Today incorrectly stated the Tennessee Supreme Court ruled in favor of a cap on payments to physicians. The court actually held the cap is void and has no effect because it needed to be implemented through the rule making process. Read the corrected story here.

The Tennessee Supreme Court in a unanimous ruling today found that a $50 cap imposed by the Division of TennCare on reimbursements to certain health providers is a “rule” within the meaning of the Uniform Administrative Procedures Act. Because of that, the cap should have been handled through the agency’s notice-and-comment rulemaking process and, because it was not, it was found to be void. The decision reversed the Court of Appeals, which had found the cap qualified for an “internal-management exception.” TennCare had relied on that exemption to promulgate the change. Read more about the case from the Administrative Office of the Courts or access the opinion.