In a unanimous opinion, the Tennessee Supreme Court ruled that a taxpayer must pay disputed municipal taxes under protest before suing for a refund. In Chuck’s Package Store et al. v. City of Morristown, the court concluded that because of a change in state law, as of Jan. 1, 1986, a taxpayer is not required to pay under protest disputed state taxes collected or administered by the commissioner of revenue before seeking a refund. However, the change in state law did not affect taxpayer lawsuits to recover disputed municipal taxes. After Jan. 1, 1986, a taxpayer is still required to pay under protest disputed municipal taxes before suing for a refund. The opinion, authored by Justice Sharon G. Lee, reversed a Court of Appeals decision and the ruling of the Hamblen County Chancery Court.

The Administrative Office of the Courts is hosting a summit for the East Tennessee Interpreter Project and Tennessee Faith and Justice Alliance (TFJA), on Feb. 16 from 9:30 a.m. to 12:30 p.m., in Knoxville. The event will include updates and training regarding access to justice initiatives, especially those focused on language and interpreter access. Judges, interpreters, court clerks, court administrators, attorneys, public defenders, district attorneys, law enforcement personnel and faith leaders are invited to attend. For more information and to register, go to http://www.cvent.com/d/xtqfdm

The Tennessee Supreme Court’s Access to Justice Commission is seeking input from the legal community to help in planning efforts as it develops a new strategic plan in March. A brief survey is available for all who wish to share thoughts and feedback. The survey will remain open through Feb. 7. Please contact Anne-Louise Wirthlin at the Administrative Office of the Courts with questions or for more information. 

The Tennessee Supreme Court today amended Supreme Court Rule 7, section 7.01, which governs the eligibility of foreign-educated applicants to take the bar examination in Tennessee. The change is set out in Appendix A of today's order. The amendments, which were requested on April 21, 2017, by the University of Tennessee College of Law and Vanderbilt University Law School, drew comments from the Tennessee Board of Law Examiners, the Tennessee Bar Association and several individuals. The rule becomes effective immediately.

The Tennessee Supreme Court has issued five orders amending rules that will become effective July 1, subject to approval by resolutions of the General Assembly. The court amended the Rules of Appellate Procedure, Rule 3, appeal as of right: availability; method of initiation; and Rule 4, appeal as of right: time for filing notice of appeal. The court amended the Rules of Criminal Procedure, Rule 5, initial appearance before magistrate; Rule 16, discovery and inspection; Rule 41, search and seizure; and Rule 49.2, electronic filing, signing or verification. The court amended the Rules of Juvenile Procedure, Rule 107, subpoenas; Rule 117, entry of order; Rule 301, initiation of cases; Rule 309, agreed orders; and Rule 310, modification or or relief from judgments or orders. The court amended the Rules of Civil Procedure, Rule 24, intervention; Rule 47, jurors; Rule 54, judgment and costs. The court amended the Rules of Evidence, Rule 502, limitations on waiver of privileged information or work product.

In a case filed in Monroe County, the Tennessee Supreme Court clarified when Tennessee laws prevent a person who owes child support from receiving money damages from a wrongful death lawsuit. Those laws apply, the Court said, only when the person is a parent of the child who died, and the back child support is owed for that child. The unanimous opinion was authored by Justice Holly Kirby.