The Tennessee Star quotes unnamed sources saying that Gov. Bill Lee’s preferred choice for state attorney general is former Tennessee Court of Appeals judge and state Chief Operating Officer Brandon Gibson. The Tennessee Supreme Court ultimately appoints the state attorney general, but the Star reports that its sources say it is a “generally held belief amongst those high up in the Lee administration and the Governor himself, that she [Gibson] has the job in the bag.”

The Tennessee Supreme Court today held that the state’s Education Savings Account Pilot Program does not violate the home rule amendment of the state constitution. The pilot program allows a limited number of eligible students to directly receive their share of state and local education funds to pay for a private school education. The Davidson and Shelby county governments challenged the law. The trial court and intermediate appellate court agreed with the counties. The Supreme Court disagreed, saying that the law is not rendered unconstitutional by the home rule amendment because the amendment does not apply to county governments — only to local education agencies. The court remanded the case to the trial court for consideration of remaining claims. Justices Sharon G. Lee and Holly Kirby joined in a separate opinion, concurring in part and dissenting in part. They agreed with the court that the counties had standing to sue but found that the law violates the home rule amendment because it is local in effect and application, and gives the counties no choice in whether to participate. Tennessee Attorney General Herbert H. Slatery III applauded the ruling, saying the law “has always been about helping Tennessee students.”

Former Tennessee Supreme Court Justice Cornelia A. Clark received the Nashville Bar Foundation’s David Rutherford Award posthumously at the foundation’s Annual Fellows Dinner last month. The award is given to a fellow who exemplifies the memory and ideas of Rutherford, including professionalism, charitable contributions in the legal field and in the community as a whole, and the spirit of collegiality among the bench and bar. Justice Sharon G. Lee accepted the award on Clark’s behalf, the Administrative Office of the Courts reports. In her remarks, Lee recognized Clark’s devotion to her faith, her family, her community and the rule of law. Clark died Sept. 24, 2021, following a short battle with cancer. She was 71 years old.

Tennessee Supreme Court Justice Jeff Bivins recently gave the keynote address at the 16th Judicial District Recovery Court graduation at the Rutherford County Judicial Center. More than 125 people were present for the ceremony where Bivins applauded the seven graduates and the program’s staff saying, “Programs like this one reunite families and restore lives.” The program, administered by Judge Jimmy Turner, is a court-monitored intensive outpatient program for individuals with severe addictions to controlled substances. Turner said that participants “start in very dire circumstances, including homelessness, unemployment and a complete lack of family support” but completely change their lives with the help of the court. Read the full release from the court and see pictures from the event.

The Tennessee Supreme Court on Tuesday heard arguments from the City of Knoxville on why streaming services Netflix and Hulu should pay cable television franchise fees to the city, the Tennessee Lookout reports. It’s a first-of-its-kind case for Tennessee, but mirrors lawsuits nationwide by state and local governments looking to make the streaming providers pay franchise fees. The key issue of Knoxville’s federal suit is whether current state law would allow municipalities to recoup franchise fees from video streaming services without legislative approval or action. The Supreme Court appeared skeptical of Knoxville’s suit, with new Justice Sarah Campbell saying had a “hard time understanding” how the city’s interpretation of the state franchise law wouldn’t lead to an “absurd result.”

The Tennessee Supreme Court will hear oral arguments in two cases tomorrow at 9 a.m. EDT in Knoxville. Brittany Borngne ex rel. Miyona Hyter v. Chattanooga-Hamilton County Hospital Authority et al. is a health care liability action stemming from injuries suffered by a minor during her 2014 birth. City of Knoxville, Tennessee v. Netflix, Inc., et al. will consider whether streaming services Hulu and Netflix should be required to pay a fee to local governments like a traditional cable company. The cases will be livestreamed on the Administrative Office of the Courts YouTube page. The AOC has more on both cases.  

A public investiture for Tennessee Supreme Court Justice Sarah K. Campbell will take place June 3 at 3 p.m. CDT. A reception will follow. Tennessee attorneys are invited to attend and RSVP online. The event will be held at Belmont University Fisher Center for the Performing Arts, 2020 Belmont Blvd., Nashville 37212. Complimentary parking is available at the South Garage at 1521 Compton Ave. Justice Campbell was confirmed to the court by the General Assembly on Feb. 10 and took the oath shortly thereafter. She was nominated by Gov. Bill Lee on Jan. 12 after being recommended by the Governor’s Council for Judicial Appointments.

The Tennessee Supreme Court yesterday issued two orders naming 75 individuals to the state’s nine disciplinary district’s hearing committees. The first order appointed 49 individuals while the second order re-appointed 26 individuals. The new terms for all will expire on March 16, 2025. Justice Sharon Lee dissented to both orders but no additional information was provided.

The Tennessee Supreme Court today held that the standard of appellate review for an alleged speedy trial violation is de novo with deference to the trial court’s factual findings. The court also concluded that the trial court in the case of State v. William Eugene Moon committed reversible error in allowing improper impeachment of a key defense witness at trial. Given these findings, the court reversed the judgment of the Court of Criminal Appeals, vacated the judgments of the trial court, and remanded the case to the trial court for further proceedings. Read more about the decision from the Administrative Office of the Courts or read the opinion.

The Tennessee Supreme Court today denied a petition from the Nashville Bar Association (NBA) that would have required attorneys to annually complete two hours of CLE programming on diversity, inclusion, equity and elimination of bias. The NBA’s proposed amendment to Rule 21, section 3.01(a) was published by the Supreme Court in September 2020 and public comments were accepted until March 2021. The high court said it received 57 comments from members of the bar, the public and other organizations. In today’s order, the court recognized “the importance of ensuring that our judicial system and the legal profession are free from bias or prejudice and encouraging related continuing legal education,” but ultimately declined the NBA’s petition. Read the order here.