Admission ceremonies for those who passed the February 2022 Tennessee Bar Exam continued today virtually. Ceremonies took place at 9 a.m., 10 a.m., 12:30 p.m. and 2 p.m. Supreme Court Chief Justice Roger Page administered the oath at the first morning event while Justice Sharon Lee administered the oath at the second morning ceremony. Justice Jeffrey Bivins presided over the lunchtime ceremony. Justice Sarah Campbell wrapped up the day's events, administering the oath at the afternoon session. TBA Executive Director Joycelyn Stevenson was on hand at each event to virtually introduce several attorneys. See photos from today's ceremonies.

The Tennessee Supreme Court Access to Justice Commission today announced it will launch the Tennessee Justice Bus on Wednesday at 10:15 a.m. CDT at the Embassy Suites in Franklin. Outfitted with computers, a printer, internet access and video displays, the Justice Bus is a mobile law office that brings technology to rural and disadvantaged communities. Lawyers and volunteers will be able to provide on-the-spot access to legal help and meet Tennesseans where they are. The goal of the Justice Bus project is to address the technology gap faced by many rural and disadvantaged citizens. Supreme Court Chief Justice Roger Page, Justice Jeff Bivins, Tennessee Alliance for Legal Services Executive Director Laura Brown and former Administrative Office of the Courts Director Deborah Taylor Tate are set to speak at the launch event.

The Tennessee Supreme Court will now make the final decision on whether Robbie Starbuck will be allowed back onto the ballot in the 5th Congressional District Republican primary, the Tennessean reports. Davidson County Chancellor Russell Perkins ruled last week that the party’s private meeting to remove Starbuck from the ballot violated the state’s open meetings act. That decision was appealed by the Secretary of State’s office. The high court yesterday temporarily blocked Perkins’ ruling and gave Starbuck’s lawyers until this morning to file a response. The justices will conduct an expedited review of the case. In a previous lawsuit, the Secretary of State’s office said June 10 was the deadline to finalize ballots. Early voting starts July 15.

The Tennessee Supreme Court today affirmed a 30-day suspension for Davidson County attorney Candes Vonniest Prewitt. A Board of Professional Responsibility (BPR) hearing panel found that Prewitt violated multiple provisions of the Tennessee Rules of Professional Conduct in her handling of a personal injury case for a client with whom she had a romantic relationship, including Rules 1.1, 1.3, 1.7, 1.16 and 8.4(a). The BPR recommended that the court impose a 30-day suspension, 10 extra hours of continuing education in ethics, and supervision by a practice monitor for six months after reinstatement. On appeal, the Davidson County Chancery Court and the Supreme Court affirmed the panel’s decision. The high court ruled that the discipline was supported by substantial and material evidence and was neither arbitrary nor an abuse of discretion. It also noted that though Prewitt complained of a hearing panel’s alleged conflict of interest, she waived the issue during the disciplinary proceedings.

Tennessee Supreme Court Justice Sarah K. Campbell was honored today at an investiture ceremony held at Belmont University’s Fisher Center for the Performing Arts. Those speaking at the ceremony included Belmont College of Law Dean Alberto Gonzales, Tennessee Attorney General Herbert H. Slatery III, Tennessee Supreme Court Chief Justice Roger A. Page, TBA President Sherie Edwards, Nashville Bar Association President Martesha Johnson, and Jonathan Skrmetti, general counsel to the governor. Gov. Bill Lee also offered remarks in support of Campbell’s appointment and administered the oath of office to her. See photos from the event.

The Tennessee Supreme Court yesterday heard oral arguments in Jacob Engineering’s challenge to lawsuits that allege workers were sickened or died after cleaning up the coal ash spill at Tennessee Valley Authority’s Kingston Fossil Plant in 2008. Jacobs contends that the workers’ claims should fall under a Tennessee law that limits legal challenges involving exposure to silica, a component of coal ash. The workers' attorneys argue the silica law was never meant to apply to cases like theirs. Jacobs has twice asked the 6th U.S. Circuit Court of Appeals to find that it is immune from being sued because it was acting on behalf of the TVA, a federal agency. The court ruled against the company both times. The state Supreme Court became involved after a federal judge asked it to interpret the state law. The Associated Press has the full story.  

The Tennessee Supreme Court today upheld mandatory minimum sentences imposed by the Hardin County Circuit Court for drug offenses that occurred in a drug-free zone near a public park, but it reversed the appeals court, which had added an additional enhancement of one classification level. Under state law, drug-free zones related to schools and public parks carry mandatory minimum periods of confinement. But with regard to the enhancement of one classification level, the court found that the legislature required that for drug-free zones at schools but not at parks. Read more about the decision from the Administrative Office of the Courts or access the opinion.

Metro Nashville government has filed a petition asking the Tennessee Supreme Court to review its recent decision that the state’s school voucher program, known as the Education Savings Account (ESA) Act, does not violate the “Home Rule Amendment” of the state constitution. Davidson and Shelby counties had challenged the law, but the court found that the amendment applies only to local education agencies. Nashville Mayor John Cooper now says the court did not properly account for the fact that Nashville and Davidson County included their combined school system in the new metropolitan government when the entities merged in 1962. The filing argues that because Nashville’s public schools are part of Metro, the ESA Act applies directly to Metro, and the state constitution’s Home Rule Amendment also applies. Nashville is also questioning the court’s wisdom in finding that the ESA Act does not impose obligations on counties, arguing that the act “triggers existing county funding obligations by forcing school districts to include students participating in the ESA program." Read more from WSMV.

The Tennessee Supreme Court has ruled that the Tennessee Bureau of Investigation (TBI) is bound by a trial court’s order expunging criminal charges and must comply even if it disagrees with the order. The case involves an unnamed citizen of McNairy County, who negotiated a guilty plea that provided his charges would be expunged if he successfully completed four years of probation. At the end of the probationary period, the court expunged the charges. The plaintiff later learned that the TBI had not removed the records because it believed the charges were “ineligible for expungement.” The Supreme Court found that the TBI lacked authority to refuse to comply since under the state’s expungement statutes, it is the trial courts — not the TBI — that decide whether an offense is eligible for expungement. Read more from the court.

The Tennessee Supreme Court has one case set for its June docket. It will be heard in Nashville beginning at 11:15 a.m. CDT on June 1. The proceedings also will be livestreamed on the court’s YouTube site. The case of Greg Adkisson, et al. v. Jacobs Engineering Group, Inc. involves medical claims by workers who handled cleanup and remediation efforts at the Tennessee Valley Authority's Kingston Fossil Fuel Plant following a coal-ash spill in 2008. The U.S. District Court for the Eastern District of Tennessee has asked the court to weigh in on four questions related to the Tennessee Silica Claims Priorities Act. Read more from the court.