The Tennessee Supreme Court is seeking public comments on a petition filed by the Tennessee Bar Association (TBA), which would amend Rule 9, section 10.1 to allow bar associations geographically located in the state to receive certain information from the Board of Professional Responsibility. The deadline for submitting written comments is Oct. 13. Comments should reference docket number ADM2025-01205 and be emailed to appellatecourtclerk@tncourts.gov or mailed to Clerk of the Supreme Court James Hivner, RE: Proposed Amendment to Tenn. Sup. Ct. R. 9, § 10.1, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407. Read the court’s full order.

The Tennessee Supreme Court recently declined to hear the final appeal of an anti-transit referendum group, nine months after Nashville voters approved a sweeping transit proposal. The Committee to Stop an Unfair Tax and former council member Emily Evans pursued litigation after losing their bid to defeat the ballot initiative. While an appellate panel ruled in April that the transit tax could not be used to buy land for transit-adjacent housing and parks, it largely left the measure untouched, echoing an earlier opinion by the chancery court. The Nashville Banner highlights the court’s action in its daily newsletter.

The TBA filed a petition with the Tennessee Supreme Court to amend Rule 9, section 10.1 to allow bar associations geographically located in the state to receive certain information from the Board of Professional Responsibility. The current rule limits public access to certain contact information to protect attorneys’ safety. The TBA unequivocally supports limiting public access to information to protect attorneys and retired judges from harm to their persons and property. In its petition, the TBA is asking the court to clarify that bar associations serve a different role than members of the public for purposes of sharing this information. Read the full petition and the proposed amendment.

The Tennessee Supreme Court ruled unanimously today that a defibrillator implanted in Byron Black’s chest does not have to be deactivated before the state executes him next week. The Nashville Banner reports that the decision reverses an opinion from Davidson County Chancellor Russell Perkins that directed the state to disable the device. Perkins issued that order after hearing from medical professionals that the device could put Black at risk of a prolonged and torturous death. The state appealed that ruling to the high court, arguing it could not deactivate Black’s defibrillator on the day of the execution, and asking whether it could be done the day before. The justices said that because Black would not agree to that timeframe, the lower court order was operating “effectively and practically” as a stay of its execution order, which a trial court does not have the authority to “stay, modify or condition.” The court did note at the end of the opinion though that nothing in its decision prevents the parties from reaching an agreement on deactivation of the device. The decision comes after news that Nashville General Hospital had not agreed to perform the procedure, according to The Tennessean. Black’s lawyers continue to pursue other remedies, calling on Gov. Bill Lee to halt the execution and asking the U.S. Supreme Court for a stay.

The City of Memphis is taking its legal battle against the Memphis police union to the Tennessee Supreme Court, asking the justices to pause court-mandated demotions of officers, The Commercial Appeal reports. The request follows rulings by an arbitrator, Shelby County Circuit Court and the Tennessee Court of Appeals that the city violated its memorandum of understanding with the union by establishing the rank of second lieutenant outside the bargaining agreement. The arbitrator directed to the city to demote all those given the rank and remove the rank from further usage. The city argues the demotions would cause "chaos" on the street and damage public safety initiatives. The Memphis Police Association claims continued use of the rank causes harm to officers excluded from union representation.

The Tennessee Supreme Court ruled in State v. Shanessa L. Sokolosky that an appeal of a probation revocation is not moot even if the defendant completed the sentence. Sokolosky, who pleaded guilty in 2019 and received probation instead of jail time, was later alleged to have violated probation and ordered to serve the rest of her sentence in custody. She challenged the arrest warrant, arguing unethical practices by the probation company. By the time the appeal reached the Court of Criminal Appeals, Sokolosky's sentence had ended, and she had been released from all custody or supervision. The court dismissed the appeal as moot. According to a release, the Tennessee Supreme Court disagreed with the dismissal, saying the appeal was not moot because Sokolosky could still face consequences due to the probation violation. The court also clarified that its ruling was not an exception to the doctrine of mootness but one rendering the case not moot. It reversed the decision and sent the case back to the appeals court to be heard on the merits.

Nashville is appealing a Tennessee Court of Appeals decision that upheld a 2023 state law cutting its city council in half to the Tennessee Supreme Court, WPLN reports. The ruling from a three-judge panel of the appeals court overturned a lower court ruling that the law was unconstitutional under the state's Home Rule amendment, which prohibits legislation that specifically targets one local government. If the law ultimately is upheld, the council would be reduced from 40 to 20 members for the 2027 election.

The Tennessee Supreme Court issued an order yesterday denying a death row inmate's request for a hearing on his competency, paving the way for his execution on Aug. 5, The Tennessean reports. Byron Black's lawyers have argued that his intellectual disability, along with dementia and severe brain damage, make him incompetent for execution. In June, they asked the justices to reverse a lower court’s ruling that declined to consider the issue. In denying the request, the Supreme Court stated that the intellectual disability claim has been litigated fully on the merits and no extenuating circumstances warrant a different outcome. Black's lawyer said she plans to appeal the ruling to the U.S. Supreme Court. The legal team also has filed a petition in Davidson County Chancery Court, asking the state to ensure that his implanted heart defibrillator is disabled before his execution. A hearing in that matter is scheduled for July 14.

The Tennessee Supreme Court has issued notice that the Tennessee General Assembly has ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Appellate Procedure. The amendments, adopted by the court in December 2024, took effect on July 1.

The Tennessee Supreme Court has issued an order amending Supreme Court Rule 11, section VI a(1) and a(2) to remove Memphis Area Legal Services (MALS) from the list of organizations eligible to receive funding from the state’s Civil Legal Representation of Indigents Fund. It also adjusted the percentage of funding the remaining three organizations will receive from the fund. The court says it took the action since MALS is no longer an organization within the Legal Services Corporation. Read the order or see a red line version of the changes.