The Tennessee Supreme Court today acted to help ease economic pressures on Tennessee attorneys appointed to provide counsel for indigent defendants. Specifically, the order increases the maximum dollar amount of claims that are exempt from judicial review in the ACAP system for court-appointed counsel. Court officials also outlined other steps attorneys could take to speed payments.

“We appreciate the AOC’s responsiveness to concerns of court appointed counsel and the recent steps to helping those hardworking lawyers receive proper compensation on an expedited basis,” TBA President Sarah Sheppeard said. A number of Tennessee lawyers have signed or sent letters requesting emergency action on interim billing so that attorneys who normally are paid at the end of a matter could have some financial relief during this current public health crisis. The TBA and AOC have been in talks daily about how to help attorneys during this time, and Sheppeard said, "We will continue to advocate for even more efficiencies and will determine the need for additional recommendations and filings in light of the Court’s order today."

“We understand that the Tennessee Supreme Court has been working diligently during this difficult time to issue Orders relevant to the current public health crisis and the continuation of the administration of justice in this state,” Sheppeard said. “The relaxation of in-person CLE requirements, directives to slow the spread of COVID-19 in jails and prisons, permitting declarations under penalty of perjury in lieu of a notary in court filings — in addition to several other orders — will go a long way to assist lawyers and their clients in staying safe while also upholding necessary obligations under the law.”

“I thank Chief Justice Bivins, the Tennessee Supreme Court and the AOC for their continued attention to this work and for adopting so many of the actions requested by our members as they navigate the next few months.”

The Tennessee Supreme Court issued an order today suspending in-person formal proceedings through April 30 at the Board of Professional Responsibility. The order reiterates that the BPR remains open and will continue to provide services, but will adjust operations to balance the health and safety of staff, hearing members and lawyers. The order also extends through April 30 any deadlines regarding disciplinary proceedings and any time periods and deadlines set forth in Rule 9, Sections 10.4 (bar cards) and 10.5 and 10.6 (non-payment delinquency notices, fees and suspension) as well as Rule 43, Section 15 (IOLTA delinquency notices, fees and suspension). The order allows for emergency matters to proceed but directs that such hearings be limited to certain individuals and that social distancing be observed.

The Tennessee Supreme Court today issued an order waiving the in-person requirement for CLE hours for the rest of this year. Lawyers now may earn all or any portion of their required 2020 hours through approved distance learning courses. The move follows the court's declaration of a state of emergency for the Judicial Branch and a previous order that waived in-person CLE requirements for 2019 hours. The court is taking these actions in response to the COVID-19 pandemic. The TBA has more than 100 online courses available and provides TBA members with three free CLE hours with their membership. Check out distance learning opportunities from the TBA.

The Tennessee Supreme Court is soliciting comments on proposed changes from the Tennessee Board of Law Examiners to Rule 7, which governs the admission and licensing of attorneys in the state. The primary changes relate to the standard for character and fitness in section 6.01, conditional admission in section 10.05 and various technical changes and corrections. Comments on the amendments are due by April 22 and may be emailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, 37219-1407.

The Tennessee Supreme Court issued an order today reiterating that all Tennessee courts will remain open during the coronavirus outbreak. Today's order also extended the suspension of most in-person judicial proceedings through April 30. and made "several clarifications and key additions” to the order originally issued on March 13. Among those provisions is a directive that judges not move forward with eviction, ejectment or displacement cases except in exceptional circumstances; an alternative for notarizing documents; modifications to the list of exceptions to the suspension of in-person hearings; extension of certain deadlines, statutes of limitations and orders of protection through May 6; a suspension of any rule that limits a judge’s or clerk’s ability to utilize technology to limit in-person contact; and a clarification that courthouses should remain open for essential hearings and filings. In addition, the order directs the presiding judge in each judicial district to submit a plan for a reduction in the local jail population. The order applies to state and local Tennessee courts, including appellate, trial, general sessions, juvenile and municipal courts.

The Tennessee Supreme Court ruled today that Shelby County firefighter Paul Zachary Moss received sufficient notice of the reasons for his termination. After being arrested for aggravated assault, Moss entered an Alford guilty plea and was placed on judicial diversion. The fire department gave him written notice he was facing possible termination for violating department rules, reckless and irresponsible conduct, and untruthfulness during a meeting intended to provide Moss a chance to explain why he should not be terminated. The lower courts upheld the termination but the Court of Appeals found that Moss was not given adequate notice of the grounds for his termination. The Supreme Court reversed that finding and sent the case back to the appeals court to resolve remaining issues on appeal.

Tennessee lawyers who still need CLE hours for 2019 may earn all or any portion of those hours through approved distance learning courses completed through March 31 following the issuance of a Supreme Court order today that temporary suspends Rule 21, sections 3.01(c) and 4.02(c). The order was issued in response to the COVID-19 pandemic and follows the Supreme Court's declaration of a state of emergency for the Judicial Branch. Read the order.

The Tennessee Supreme Court declared a state of emergency for the Judicial Branch and suspended all in-person judicial proceedings through March 31 in an order issued today to guide courts operating during the COVID-19 outbreak. All Tennessee courts will remain open during this period. “Each day across the State of Tennessee, thousands of people attend court proceedings in-person when they come to the courthouse as jurors, witnesses, litigants, or in another capacity,” Chief Justice Jeff Bivins said in issuing the order. “Public spaces in courthouses tend to be small, tightly packed bench seats that provide the type of situations public health officials have encouraged people to avoid during the COVID-19 outbreak. However, judges, court clerks, and others provide essential constitutional functions that must be carried on.” TBA President Sarah Sheppeard called the order "a prudent and creative plan to protect the health of Tennessee’s citizens, litigants, court personnel, lawyers and judges, while keeping the judicial system operating. In today’s uncertain times, precautions such as these are necessary for the sake of all who are involved in the judicial system, as well as those with whom they come in contact." The TBA’s Pandemic Resource Center has more.

The Tennessee Supreme Court has declined to hear an appeal from pharmaceutical companies asking to be dismissed as defendants in an opioid lawsuit filed by six Tennessee district attorneys whose districts are along the Interstate 75 corridor, the Johnson City Press reports. The suit, filed in 2017, seeks compensation from the companies for the ravages opioids have brought on their communities. The defendants, including Purdue Pharma, Mallinckrodt, Endo Health Solutions and Teva Pharmaceuticals USA, had sought to be removed from the case. The prosecutors said they are pushing forward with the case and plan to press for a trial date in the coming months, according to the Chattanooga Times Free Press. The Lebanon Democrat has that story.

The Tennessee Supreme Court recently granted review to several cases. Civil cases include the Teacher Tenure Act, products liability, pre-suit notices and the economic loss doctrine. Criminal cases include illegal sentences and money laundering. The Raybin Supreme Court Hot List reviews them here.