TBA Law Blog


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Posted by: Paul Burch on Sep 14, 2023

The Nashville School of Law will host a reception to welcome the newest member of the Tennessee Supreme Court, Justice Dwight E. Tarwater on Oct. 5 from 4:30 – 6 p.m. CDT at 4013 Armory Oaks Dr., Nashville 37204. Justice Tarwater was nominated by Gov. Bill Lee and confirmed by the General Assembly in 2023.

A native of Knoxville, Tarwater earned his law degree from the University of Tennessee, where he previously earned his undergraduate degree in political science. He has had a long career in private practice with the Knoxville firms of Egerton, McAfee, Armistead and Davis and Paine Tarwater Bickers LLP. He also served as general counsel to former Gov. Bill Haslam. Justice Tarwater began his term on Sept. 1. Refreshments and hors d’oeuvres will be served. RSVP at this link.

This event is sponsored by the Tennessee Bar Association, the Lawyers' Association for Women, the Nashville Bar Association and Nashville School of Law.

Posted by: Paul Burch on Sep 14, 2023

The Chattanooga Bar Association last week honored the Tennessee Supreme Court at a reception that also recognized retiring Justice Sharon Lee and welcomed Justice Dwight Tarwater. Lee, who retired Aug. 31, had been the high court’s longest-serving member, having been appointed in 2008 and serving as chief justice from 2014 until 2016. Prior to her time on the Supreme Court, she spent four years on the Court of Appeals. In June, Lee received the TBA's prestigious Justice Frank F. Drowota III Outstanding Judicial Service Award, the association’s highest award for service to the judiciary. See photo here.

Posted by: Julia Wilburn on Sep 8, 2023

Tennessee Supreme Court Justice Dwight E. Tarwater received a warm welcome to the bench this week when family, friends, colleagues, elected officials and the judiciary joined him in Knoxville for his ceremonial investiture by Gov. Bill Lee. Tarwater was confirmed as a Supreme Court justice by the Tennessee legislature in March and his term began on Sept. 1. He fills the vacancy created by the retirement of Justice Sharon G. Lee. Tarwater joins Chief Justice Holly Kirby (Memphis), Justice Jeffrey S. Bivins (Franklin), Justice Roger A. Page (Mifflin) and Justice Sarah K. Campbell (Nashville) on the state’s highest court. “Dwight Tarwater has the integrity, the intellect, the work ethic, the compassion and the old-fashioned common sense needed to be an excellent justice on our state's high court. He also has perhaps the most important quality — humility,” Kirby said. “On most of the questions that we hear, the ruling of the Tennessee Supreme Court is the final word. There is no appeal, no higher authority. That's why humility is so important.” 

Posted by: Paul Burch on Sep 5, 2023

The Tennessee Supreme Court has two cases set for its Sept. 6 docket. The first case, Terry Case v. Wilmington Trust, N.A., et al., will be heard in Knoxville at 9 a.m. EDT and will be livestreamed to the TNCourts YouTube page. The second case, Thomas Fleming Mabry v. Board of Professional Responsibility, will be submitted on briefs. Media members planning to attend oral arguments should review Supreme Court Rule 30 and file any required requests.

Posted by: Paul Burch on Aug 31, 2023

Holly KirbyThe Tennessee Supreme Court has unanimously elected Justice Holly Kirby as the court's new chief justice. Kirby’s two-year term will begin Sept. 1, the court announced today. She is the fourth woman to serve as the court’s chief justice. Kirby was appointed to the court in 2014 by former Gov. Bill Haslam. Prior to her appointment, Kirby was the first woman in Tennessee history to serve on the Tennessee Court of Appeals. Gov. Bill Lee will perform Kirby’s ceremonial investiture at 9 a.m. CDT on Oct. 4 in the Old Supreme Court Chamber on the first floor of the Tennessee State Capitol. A reception will be scheduled in Memphis for the fall.

Posted by: Paul Burch on Aug 31, 2023

The Tennessee Supreme Court today rejected a Memphis nursing home’s argument that the trial court could not consider whether a resident with Down syndrome was competent to authorize his brother to act as his agent. The court held the trial court correctly considered evidence that David Welch, a resident with Down syndrome, did not have the mental capacity to understand the document he marked in lieu of a signature that gave his brother, James, power of attorney. Go here to read the court’s opinion.

Posted by: Stacey Shrader Joslin on Aug 31, 2023

Tennessee access to justice leaders today announced creation of the Justice Frank F. Drowota Trust to provide supplemental funding for organizations providing legal services to low-income individuals. The announcement was made today during a luncheon at Equal Justice University in Murfreesboro. Leaders involved in the trust include TALS immediate Past Director Ann Pruitt, former TBA President Buck Lewis, Supreme Court Justice Sharon Lee and Justice Drowota’s wife, Claire Drowota, who will serve as trustees. Former University of Tennessee College of Law Dean Doug Blaze, TBA President Jim Barry and Pruitt will serve as trust advisors and trustee successors. In response to the announcement, Supreme Court Chief Justice Roger Page said, “Everyone in Tennessee’s judiciary and beyond thought Frank was the finest judge and finest person we had ever known. The Court is pleased that his memory is being honored in this way.” For more information and to support the Drowota Trust, contact Buck Lewis. See additional photos from the event.

Posted by: Stacey Shrader Joslin on Aug 30, 2023

The Tennessee Supreme Court today appointed former judges D. Kelly Thomas and Vanessa Agee Jackson as new senior judges for the state. They will take office on Sept. 1. Thomas replaces Judge Thomas Wright, who is stepping down from the bench, for a term of two years. He has more than 30 years of judicial experience, having served on the Court of Criminal Appeals from 2006-2022 and as a circuit court judge in the Fifth Judicial District from 1990-2006. Jackson is being appointed for a term of four years. She previously was a circuit court judge in the 14th Judicial District from 2009-2022. Under Tennessee law, the court may appoint senior judges when one or more judicial districts require additional resources and the appointment will promote the effective administration of justice.

Posted by: Stacey Shrader Joslin on Aug 24, 2023

The Advisory Commission on the Rules of Practice & Procedure has presented its annual recommendations for rules changes to the Tennessee Supreme Court, which is now soliciting comments on the proposals. This year's package includes two proposed changes to the Tennessee Rules of Appellate Procedure: adding a comment to Rule 30 that all appellate court electronic filings are governed by Tenn. S. Ct. Rule 46 and changing Rule 31 regarding the brief and oral argument of an amicus curiae. The commission also proposed one change to the Rules of Civil Procedure, which would amend Rule 43.01 to allow witness testimony to be presented using audiovisual transmission from a remote location. Written comments on the proposed changes are due by Nov. 22. Submissions should reference Docket Number ADM2023-01208.

Posted by: Paul Burch on Aug 17, 2023

Retiring Supreme Court Justice Sharon G. Lee will be honored on Aug. 24 at the Tennessee Supreme Court building in Knoxville with an unveiling of her portrait in the courtroom. The ceremony is open to the public and will be live streamed on the court’s YouTube page. In addition, Lee will be honored Aug. 25 at a dinner hosted by the Bradley County Bar Association at the Museum and Cultural Center at in Cleveland. A limited number of tickets are available from the Bradley County Bar Association. And on Aug. 29, the Nashville School of Law, the Nashville Bar Association, and the law firm of Dodson, Parker, Behm & Capparella will host a retirement celebration at the Nashville School of Law. Lee will retire Aug. 31.


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