The Tennessee Supreme Court today appointed 27th Judicial District Circuit Court Judge Jeff Parham and Lynnville Municipal Judge Cara Lynn to its Judicial Ethics Committee. Parham replaces 30th Judicial District Circuit Court Judge Jerry Stokes, who retired today. Lynn replaces Judge Deana Hood, whose term expired today due to her election to the 21st Judicial District Circuit Court. Both Parham and Lynn will serve through Dec. 31, 2024.

The Tennessee Supreme Court today held that, unless the legislature says otherwise, a person who commits an offense that is later repealed must be prosecuted under the law in effect when the offense was committed. The high court reinstated the sentence of Marvin Maurice Deberry, who was convicted of driving after being declared a motor vehicle habitual offender (MVHO). While Deberry awaited his sentencing hearing, the legislature repealed the MVHO offense and replaced it with alternative procedures. After being sentenced, Deberry filed for a reduction of sentence, citing a state law known as the criminal savings statute. According to the statute, if a new law “provides for a lesser penalty,” then any punishment imposed must be in accordance with the new law. The Court of Criminal Appeals agreed with Deberry, but the Supreme Court today reversed that decision and reinstated Deberry’s sentence. The justices found that when a statute repeals a criminal offense altogether rather than reducing the punishment for the offense, the defendant must be convicted and sentenced under the law in effect at the time of offense. Read more from the Administrative Office of the Courts.

The Tennessee Supreme Court on Wednesday appointed Lynn Zehrt, professor of law at Belmont University College of Law, to its Advisory Commission on the Rules of Practice and Procedure. Zehrt replaces Jeffrey Usman, a Belmont law professor who recently was appointed to serve on the Tennessee Court of Appeals. Read the order.

A challenge to Nashville's laws restricting home-based businesses was today sent back to the trial court by the Tennessee Supreme Court. A Nashville music producer and a licensed cosmetologist, both running businesses out of their homes, sued Metro in 2017 after their businesses were found to be in violation of Nashville’s “client prohibition” law, which states that “No clients or patrons may be served on the property.” A trial court ruled in Metro’s favor. While the appeal was pending, Metro Council repealed the client prohibition law, replacing it with a new law allowing home businesses up to six customer visits per day. The Court of Appeals ruled the case moot due to Metro's repeal of the law. On appeal before the Supreme Court, the plaintiffs argued their case was not moot because they were still being harmed by the new law. The high court found the new law did not completely cure the harm claimed by the plaintiffs and that the appellate court could not be sure whether the plaintiffs will suffer ongoing harm. The justices unanimously decided to vacate the previous decisions and send the case back to trial court. Read more from the Administrative Office of the Courts.

The Tennessee Supreme Court today held the first of two days of formal interviews for the six applicants for Tennessee’s new attorney general and reporter. Each applicant introduced himself, followed by extensive questioning from each of the justices, the Administrative Office of the Courts reports. A video of the proceedings is now available online. “The applicants were all remarkable, experienced, and gracious in their answers during a robust interview process,” Chief Justice Roger A. Page said. The court will continue its process tomorrow.

The Tennessee Supreme Court last week issued an order amending Rule 9, section 8.1 to fix a “housekeeping” issue and “ensure consistency” with Rule 8.5(a). The order clarifies that any attorney not admitted to practice in the state, who practices law or renders or offers to render any legal services in the state, is subject to the disciplinary jurisdiction of Tennessee Supreme Court, the Board of Professional Responsibility, including its panels, district committees and hearing panels, and the circuit and chancery courts of the state. The order took effect immediately.

The Tennessee Supreme Court today reappointed seven members to the Advisory Commission on the Rules of Practice and Procedure. They are: Andrée Blumstein, Eugene “Gino” Bulso, Bo Burk, Michael Carter, Mark Fulks, Aaron Hall and Timothy Mickel. Their previous terms expired on June 30. They will now serve through June 30, 2025. The court also reappointed Bulso as chair and Clayton as vice chair of the commission. They will serve in those rules through June 30, 2023.

The Tennessee Supreme Court last week dismissed a petition for reinstatement filed by Florida attorney David Brian Wilford. After receiving the petition, The Tennessee Board of Professional Responsibility reported to the court that Wilford had paid outstanding professional privilege taxes but remained noncompliant with continuing legal education requirements. The court sent two letters to Wilford advising him of the CLE requirements, and that the petition would be dismissed if he did not respond by July 5. The court reports that Wilford had not responded.

The Tennessee Supreme Court recently rejected a recommendation for discipline as too lenient. The Board of Professional Responsibility had recommended that Sevierville lawyer James Ralph Hickman Jr. be suspended for one year, with “no less than 90 days” to be served on active suspension and the remainder on conditional probation. The court said it was concerned that the punishment was too lenient and “not comparable to the punishment imposed in similar cases.” It also expressed concern about the indefinite language used to define the period of active suspension. The board now has 30 days to file additional information. Hickman has 20 days to file his brief, after which, the board will have 20 days to file its brief.

The Tennessee Supreme Court today adopted amendments to Rule 46 regarding electronic filing. The revised rule replaces the prior transitional Rule 46 and continues to authorize parties to e-file documents voluntarily. Read the order, which went into effect on July 1.