The Tennessee Supreme Court recently issued an order declining to adopt proposed amendments to Supreme Court Rule 9, section 16, which 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. The court said it received comments on the proposal from the Board of Professional Responsibility and the Knoxville Bar Association. Following the comment period, the court decided to adopt “minor revisions” to the rule instead. See a red line version of the section and the new rule in this order from the court.

The Tennessee Supreme Court has adopted amendments to the Tennessee Rules of Civil Procedure and the Tennessee Rules of Appellate Procedure. The amendments to the Rules of Civil Procedure include changes to Rule 43.01 (Evidence at Trials). The Rules of Appellate Procedure include changes to Rules 30 (Form of Briefs and Other Papers) and 31 (Brief and Oral Argument of an Amicus Curiae). The amendments are now subject to approval by the General Assembly. 

The Governor’s Council for Judicial Appointments met recently to consider six applicants for an upcoming vacancy on the Tennessee Supreme Court. After holding a public hearing and interviews, the council voted to advance Tennessee Court of Criminal Appeals Judge J. Ross Dyer, presiding judge of the Tennessee Court of Criminal Appeals Camille R. McMullen and Shelby County Circuit Court Judge Mary L. Wagner. The council has forwarded the names to Gov. Bill Lee for his consideration. The vacancy will be created by the upcoming retirement of Justice Roger A. Page, effective Aug. 31. Read the council's press release.

Today, the Tennessee Supreme Court temporarily blocked a lower court’s decision that lawmakers must redraw the state’s Senate maps. The ruling means that the current legislative districts will likely remain in place for the 2024 elections. In November, a three-judge panel ruled that new Republican-drawn maps were incorrectly numbered and violated the state constitution. The Associated Press reports the state argued that the plaintiffs in the case had no standing to sue and that the state wanted to exhaust all of its appeals options before having to reconfigure district lines. The Supreme Court’s ruling today sides with the state. The redrawn maps will stay in place as the appeals process runs its course.

A Nashville resident is seeking an expedited ruling by the Tennessee Supreme Court after a special three-judge panel of state court judges found Tennessee state Senate district boundaries to be unconstitutional. Attorneys for Francie Hunt filed a request yesterday, Tennessee Lookout reports. Simultaneously, a West Tennessee resident is appealing the panel’s finding that the House redistricting plan was constitutional. The challenge by Trenton resident Gary Wygant also seeks an expedited ruling. Tennessee Attorney General Jonathan Skrmetti is opposing both motions. His office says Hunt has no standing to sue, while Wygant fails to show “good cause” to suspend the normal schedule since a new House map is not needed. The panel of state judges gave the General Assembly until Jan. 31 to redraw the Senate lines.

The Tennessee Supreme Court will hear oral arguments in two cases this week at the University of Tennessee at Martin as part of its SCALES program. The event on Wednesday will feature arguments in Robert L. Trentham v. Mid-America Apartments, LP et al. and Pharma Conference Education, Inc. v. State of Tennessee. Sessions will be livestreamed starting at 9 a.m. CST on the court’s YouTube page. SCALES, which stands for Supreme Court Advancing Legal Education for Students, educates high school students about the Tennessee legal system and the functions of the judicial branch.

The Governor’s Council for Judicial Appointments is now accepting applications for the Tennessee Supreme Court vacancy that will be created by the retirement of Justice Roger A. Page effective Aug. 31, 2024. Interested applicants must be licensed attorneys who are at least 35 years of age, have been a resident of the state for five years and are currently a resident of Tennessee’s Eastern or Western Grand Division. Applicants must complete the designated application and submit it to the Administrative Office of the Courts by noon CST on Dec. 11. Get full application instructions on the court's website. The council will meet on Jan. 4-5 to hold a public hearing and interviews for the vacancy. Additional details about that meeting will be released soon. Questions about the process should be directed to Assistant General Counsel John Jefferson.

Tennessee Supreme Court Justice Roger A. Page has notified Gov. Bill Lee that he will retire at the end of August. Page was appointed to the Supreme Court in 2016, and served as chief justice from 2021 to 2023. During that time, he helped secure substantial funding to implement enterprise e-filing for the court system, improving efficiency and data collection and analysis. Page also promoted access to justice and pro bono service, and encouraged greater transparency and efficiency in the judiciary with live streaming of appellate arguments. “Justice Page has made a huge contribution to Tennessee's justice system, first as a trial judge handling both civil and criminal cases, then on the Court of Criminal Appeals and now on the Supreme Court," Chief Justice Holly Kirby said. “He is thoughtful and deliberate, and he brings wisdom and common sense to the serious issues we must decide.” Read more about Page’s career from the Administrative Office of the Courts.

The Tennessee Supreme Court issued an order today amending Rule 17, which provides for a uniform judgment document to be used in all trial courts of record for convictions in all cases falling within the Tennessee Criminal Sentencing Reform Act of 1989. Due to recent statutory changes, the uniform judgment document requires revisions, and the court has adopted an amended and updated document, which will take effect Jan. 1, 2024. Read the order.

The Tennessee Supreme Court issued an order Wednesday soliciting comments on a proposed change to Rule 9, section 16, which prescribes the procedure for complaints against members of the Board of Professional Responsibility, district committee members and disciplinary counsel. If adopted, these proposed amendments would replace Tennessee Supreme Court Rule 9 section 16 in its entirety. The deadline for submitting written comments is Dec. 12.