A story in Friday’s issue of TBA Today reported that the Tennessee legislature approved several amendments to the Tennessee Supreme Court Rules. The story indicated that the amendments approved were the same as those put out for public comment. In fact, the court did change the rules package after the comment period. The language sent to and approved by the legislature did not include changes to Rule 41 of the Rules of Criminal Procedure. That rule was returned to the Rules Commission for further consideration. View the final changes to Rule 5.02 of the Rules of Civil Procedure and Rule 49 of the Rules of Criminal Procedure.

The Tennessee Supreme Court today issued notice that the state Senate and House have ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure as proposed by the court. The amendments will take effect on July 1. See a description of the amendments in the court’s order soliciting comments. Based on the comments received, the court did not include changes to Rules of Criminal Procedure Rule 41 in its submission to the legislature. That proposed change was returned to the Rules Commission for further consideration.

The Tennessee Supreme Court yesterday issued an order adopting an amendment to Tennessee Supreme Court Rule 10B, Section 2.07. The amendment took effect immediately. The amendment added the following sentence to the end of the section: “Tenn. R. App. P. 39 (“Rehearing”) does not apply to the Supreme Court’s decision on an accelerated interlocutory appeal, and a petition for rehearing pursuant to that rule is therefore not permitted in such appeals.”

The Tennessee Supreme Court Access to Justice Commission has kicked off its annual Help4TNMonth celebration, which will feature expungement and general civil legal advice clinics throughout April. Help4TNMonth, celebrated each April, highlights the need for free and reduced fee legal services in Tennessee and spotlights organizations that provide these services throughout the year. Check out next month’s calendar of events, submit an event to be added or sign up to volunteer at clinic.

The Tennessee Supreme Court ruled this week that the Shelby County Civil Service Merit Board did not act arbitrarily or capriciously by affirming the termination of Shelby County firefighter Paul Zachary Moss, though it did not hear evidence of discipline previously imposed on other firefighters. Moss was dismissed after allegedly becoming involved in a fight with two men at a political rally, pointing a gun at the pair and threatening to kill them. He entered an Alford guilty plea to one count of aggravated assault. Read more about the case.

Attorney Dwight E. Tarwater yesterday was officially confirmed by the General Assembly as the newest justice on the Tennessee Supreme Court. Justice-designate Tarwater was nominated by Gov. Bill Lee in January after a lengthy application process that included a public hearing. He will take the bench on Sept. 1, following the retirement of current Justice Sharon G. Lee. Justice-designate Tarwater served as general counsel to former Gov. Bill Haslam from 2014 to 2019, a position he accepted after decades of work as a trial and appellate attorney in Knoxville. Justice-designate Tarwater has served on the board of directors of Legal Aid of East Tennessee, the Volunteer Legal Assistance Program and the Pro Bono Project.

The Tennessee Supreme Court issued a “housekeeping” amendment to Rule 4(A)(1) yesterday. The amendment changes the reference to “Southwestern Reporter” to “South Western Reporter” in language requiring opinions of the court to be published in the official reporter. The amendment will take effect immediately.

The Tennessee Supreme Court heard oral arguments in two cases today in Nashville. The first case, James Williams v. Smyrna Residential, LLC et al., concerns enforceability of an arbitration agreement. The second, Pratik Pandharipande, M.D. v. FSD Corporation, centers on a dispute about the scope and applicability of certain restrictive covenants between a property owner and a homeowners’ association. Read more about the cases from the Administrative Office of the Courts.

The Tennessee Supreme Court today reversed a decision of the Court of Appeals that had allowed a plaintiff to proceed with her claims of gross negligence and recklessness against governmental entities under the Tennessee Governmental Tort Liability Act. The high court held that the act’s waiver of sovereign immunity for “negligent” acts removes immunity only for ordinary negligence, not gross negligence or recklessness. Justice Holly Kirby concurred with the majority but wrote a  separate opinion, in which she discusses the “Rubik’s cube effect” caused by the court’s earlier decision to retain the public-duty doctrine and its related exceptions following enactment of the law. She also writes that she would be willing to reconsider that decision in a future case. Read more on the case and the unanimous opinion authored by Justice Sarah K. Campbell from the Administrative Office of the Courts.

The Tennessee Supreme Court this week issued a revised order amending Rule 31(14)(g) to increase the number of training hours needed to obtain a “Specifically Trained in Domestic Violence Issues” designation. The court had issued its original order last week, approving a proposal from the Alternative Dispute Resolution Commission to increase the requirement from 12 to 16 hours. The revision, which appears at the end of the second paragraph, adds the phrase "effective June 1, 2023."