The Tennessee General Assembly on Monday confirmed Shelby County Circuit Judge Mary Wagner to the Tennessee Supreme Court. Wagner will take her seat on the court after Justice Roger A. Page's retirement on Aug. 31. Wagner's confirmation passed the Tennessee House of Representatives 94-3 and the Senate 32-0 during a brief joint session. The Tennessean reports that members of the Senate Judiciary Committee unanimously approved her selection last week, with lawmakers on both sides of the aisle hailing her as an excellent choice for the court. During the hearing, Wagner described herself to committee members as “both an originalist and a textualist" and said overturning precedents should be done "sparingly and cautiously." Read more from the Administrative Office of the Courts.

The Tennessee Supreme Court last week abolished a common law rule that required testimony of a criminal defendant’s accomplice to be supported by other evidence. The change, which will apply prospectively, was made in an opinion upholding a first-degree murder conviction. The court found that the “accomplice-corroboration rule is effectively obsolete as a common law rule and that the General Assembly is better equipped to decide whether such a rule should exist in Tennessee.” Supreme Court Justice Sharon G. Lee agreed in a separate opinion that the conviction should be affirmed but disagreed with abolishment of the accomplice-corroboration rule. She argued that the rule has long served to safeguard against untrustworthy accomplice testimony. Justice Sarah K. Campbell also filed a separate opinion agreeing with much of the majority, but argued that abolishing the rule should have been applied retroactively. Read more about the decision from the Administrative Office of the Courts.

Tennessee lawmakers have scheduled a joint convention for Monday to vote on Gov. Bill Lee’s nomination of Shelby County Circuit Judge Mary Wagner to fill an upcoming vacancy on the state Supreme Court, the Tennessee Journal reports. Lee chose Wagner on Feb. 1 from a list of three candidates that also included Court of Criminal Appeals Judge Ross Dyer and Court of Criminal Appeals Presiding Judge Camille McMullen. Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022.

The Tennessee Supreme Court has issued an order soliciting comments on proposed changes to its Rule 13. The proposed revisions do not include any adjustments to the compensation rates and/or caps for appointed attorneys representing the indigent. But they do address the financial obligations of a child's parents, legal custodians or guardians when a guardian ad litem is appointed. The changes also address the crimes that affect the maximum compensation allowed for appointed criminal cases. Comments should be submitted by May 6 and should reference docket number ADM2024-00227.

The Tennessee Supreme Court last week held that an arbitration agreement signed by a power of attorney as part of the paperwork for admittance to an assisted living facility was not a health care decision because it was optional and not required for admission. The court also concluded that the next of kin in the wrongful-death suit filed is bound by the arbitration agreement. In 2007, Granville Williams Jr. executed a durable power of attorney naming Karen Sams as his attorney-in-fact, giving Sams authority to act for Williams in “all claims and litigation matters” but not health care decisions. In 2020, Williams was admitted to Azalea Court, an assisted-living facility, and Sams completed the admission forms, including an arbitration agreement not required for admission. After Williams died, his son brought a wrongful-death lawsuit against two corporations that managed Azalea Court. Read more about the case, the majority opinion and dissenting opinions from Chief Justice Holly Kirby and Justice Sharon Lee.

The Tennessee Supreme Court yesterday upheld 11 convictions against David Eady, which stemmed from a string of robberies that occurred in Nashville in November 2017. The court reversed a 12th conviction and called for a new trial on that charge, holding that the trial court erred in denying a motion to sever the offense. The defendant had sought to disqualify the Davidson County District Attorney’s office from prosecuting him because Glenn Funk had represented him in a different case in 1989. The trial, appellate and supreme court rejected that argument. The Supreme Court did, however, overturn the two lower courts in determining that one of the charges should have been tried separately. Read more about the ruling in State v. David Wayne Eady.

The Tennessee Supreme Court last week hosted state supreme court chief justices from around the country as the Conference of Chief Justices (CCJ) held its Mid-Year Meeting in Nashville. While normally only the chief justice from each state attends CCJ conferences, all five of Tennessee's justices were able to attend since the state hosted the event. Sessions included the impact of AI on the administration of justice, the practice of law and law school curricula, in addition to ethical considerations related to AI in litigation and the judiciary. The justices also heard Tennessee author Keel Hunt, Nashville School of Law Dean William Koch and Nashville attorney Hal Hardin recount the story of how former Gov. Lamar Alexander took his oath of office early to stop a pardon scandal. That account is chronicled in Keel’s book “Coup.”Learn more about the meeting.

Gov. Bill Lee today nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court, the Administrative Office of the Courts reports. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to appoint her to this position.” Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022. Her nomination now must be approved by the General Assembly. The Tennessean has more on the process.

The Tennessee Supreme Court has issued an order amending Rule 33.02(C) to increase the number of consecutive, full three-year terms that a Tennessee Lawyers Assistance Program (TLAP) member may serve from two terms to three terms. The amendment takes effective immediately. Read the order and see the amended language.

A news story in Friday’s issue of TBA Today incorrectly attributed the source of proposed amendments to Tennessee Supreme Court Rule 9, section 16, which, if adopted, would have replaced section 16 in its entirety and changed the procedure for complaints against members of the board, district committee members and disciplinary counsel. It also mischaracterized the position of the Board of Professional Responsibility. The Tennessee Supreme Court itself initiated the proposed changes and solicited public comment on them. Among the comments received were those from the board, which opposed the changes. On Friday, the court instead adopted “minor revisions” to the rule. See a red line version of the section and the new rule in this order from the court.