The Tennessee Supreme Court has extended its waiver of in-person CLE requirements through 2022. The high court again extended the temporary suspension of Rule 21, sections 3.01(c) and 4.02(c), due to the ongoing COVID-19 pandemic. The order is effective through December 31, 2022. Read the full order.  

The Tennessee Supreme Court today denied a petition from California lawyer William M. Fischer, who was asking for a waiver from the requirement that anyone seeking admission in Tennessee without examination be a graduate of an ABA accredited law school. Fischer graduated from the Irvine University School of Law in 1979 and has practiced law since 1981. Although he acknowledged that he did not graduate from an accredited law school, Fischer argued that he is in good standing in California and employed as senior counsel by Travelers Insurance Company. In denying the petition, the court noted that Fischer is “an experienced attorney” but does not meet the requirements for admission without an examination.

The Tennessee Supreme Court issued an order today amending its interim Rule 54 for special three-judge panels. The amendments to Sections 2, 3 and 4 are effective immediately.

The Tennessee Supreme Court today amended Rule 8, RPCs 7.1, 7.2, 7.3, 7.4 and 7.5, after considering a TBA petition filed in October asking for the changes, as well as comments from the Tennessee Board of Professional Responsibility, the Knoxville Bar Association, the Tennessee Trial Lawyers Association and two individual lawyers. The TBA also submitted a comment that, in large measure, replied to the suggestions and objections raised in other comments. The amendments are set out in the appendices to this order. In a separate order also filed today, the Supreme Court declined to grant the TBA’s petition to amend Tennessee Supreme Court Rule 8, RPC 7.6. The court instead published proposed amendments to RPC 7.6 and to Tennessee Supreme Court Rule 44 and is asking for comments by Nov. 30. 

In the September/October TBJ out today, Tennessee Supreme Court Justice Sharon Lee shares her secrets and best practices for being present on Twitter — which can be a fine line for judges and lawyers using the platform. But Lee is a master at doing it right. You'll enjoy seeing some of her Tweets and how she uses them to inform (and entertain) the Twittersphere. In contrast, the story by Russell Fowler of how in the 1940s Memphis Judge Camille Kelley helped a major child trafficking operation is so horrifying you will not be able to look away. Read this issue for these stories and more, including the latest on trusts, bail hearings post-Torres, employment law, torts and same-sex divorce.

The investiture and swearing-in ceremony for incoming Tennessee Supreme Court Chief Justice Roger Page has been postponed until the fall. Page was elected to the position last week by his colleagues on the high court. He was set to be sworn in by Justice Connie Clark at a small ceremony tomorrow, the same day his term as chief justice begins, but will instead take the oath privately. Page is the first chief justice from rural West Tennessee in 27 years. Former Chief Justice Lyle Reid of Brownsville served in the role from 1990 until 1994. Page succeeds Justice Jeff Bivins, who has served in that role since 2016. The Administrative Office of the Courts has more.

The Tennessee Supreme Court recently amended Supreme Court Rule 9, Sections 31.3(f) and 34.3(a) dealing with lawyer disciplinary proceedings. The changes, which went into effect with the filing of the order on Aug. 24, more explicitly describe parts of the process, but do not change current practices.

The Tennessee Supreme Court has issued an order seeking comments on proposed amendments to the Tennessee Rules of Appellate Procedure and Rules of Civil Procedure. The amendments were recommended by the Advisory Commission on the Rules of Practice & Procedure at its June 11 meeting. Comments should be submitted by Nov. 23 to the attention of Appellate Clerk James Hivner, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

The Tennessee Supreme Court recently announced it has appointed 26th Judicial District Circuit Court Judge Roy B. Morgan Jr. as senior judge, effective Sept. 1. Morgan will retire from his current position on Aug. 31 and assume his new role for a term of four years. He was first elected to the circuit court bench in 1998, winning reelection campaigns in 2006 and 2014. Prior to this position, Morgan served as a general sessions court judge in Madison County for eight years. “At the end of this term, I will have served 32 years as a member of the judiciary,” Morgan said. “What an honor it has been to serve for so many years. The Senior Judge appointment by the Supreme Court gives me an opportunity to slow down a little while still being able to continue to serve the justice system and the citizens of our state.”

The Tennessee Supreme Court today issued an order encouraging the use of masks in the courtroom and prompting courts to utilize available technology to avoid in-person court proceedings when possible. The order also states that judges should not allow anyone who has tested positive for the COVID-19 virus to appear in court. Supreme Court Justice Sharon Lee issued a separate concurring/dissenting order in which she expressed her agreement with today’s order, “except for the section that strongly encourages, but does not require, facial coverings in courtrooms.” The order comes after a resurgence of the COVID-19 virus in Tennessee and its “burden on the health care system.”