Gov. Bill Lee today nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court, the Administrative Office of the Courts reports. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to appoint her to this position.” Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022. Her nomination now must be approved by the General Assembly. The Tennessean has more on the process.

Tennessee Attorney General Jonathan Skrmetti has announced a $350 million national settlement with Publicis Health to resolve investigations into the firm’s role in the prescription opioid crisis. Tennessee will receive more than $9 million from the settlement. Proceeds will be deposited into the state’s Opioid Abatement Fund. To date, Tennessee has reached legal settlements totaling more than $1 billion related to the opioid crisis. Today’s filings in Knox County Circuit Court describe how Publicis aided Purdue Pharma and others to market opioids. Read the full release.

State Rep. Johnny Garrett, R-Goodlettsville, filed HB 2716 today to prevent a state lawmaker expelled for "disorderly behavior" from being tapped to fill their own seat, reports the Tennessean. Currently, under the state constitution and state law, local governing bodies have full latitude to fill a legislative vacancy as they see fit, so long as the person is an eligible voter in the district that is being filled. In addition, Rep. Brian Richey, R-Maryville, has introduced House Joint Resolution 706, which would amend the state constitution to prohibit an expelled lawmaker from qualifying for office for four years following an expulsion. That resolution passed out of its first subcommittee this week. Tennessee's constitutional amendment system requires two rounds of legislative approval, with an election in between, before questions go to a popular vote during a gubernatorial election year. That means the soonest either of these measures could go before voters would be November 2026.

The National Conference of Bar Examiners said Tuesday it has replaced ExamSoft, the testing platform that suffered a series of tech problems, with Surpass Assessment, reports Reuters. The revamped bar exam is set to debut in July 2026. The switch to Surpass Assessment software comes after ExamSoft paid $2.1 million in 2015 to settle a lawsuit brought by bar exam takers who could not upload their test answers, an incident that became known as “barmageddon” in legal publications. ExamSoft's software also came under scrutiny during the pandemic when many states administered the exam remotely using laptop microphones and cameras to monitor for cheating.

Join us for our continuing Law Tech Lunch & Learn Series in Memphis on March 15 for a discussion on how AI impacts attorneys. The first session will provide an introduction to AI and how it can be incorporated into your practice. The second session will feature Memphis attorney Greg Siskind discussing ethical considerations with AI. Registration and lunch will begin at 11:30 a.m. CST.

Former state Rep. Robin Smith, who resigned after being indicted on federal wire fraud charges, has had her sentencing delayed again, Chattanoogan.com reports. The sentencing was to have occurred on Feb. 12 but has been delayed until April 5. Smith is set to testify against former House Speaker Glen Casada and his aide Cade Cothren in a trial that will begin on March 5 in Nashville. The motion noted that the trial in that case had been continued, necessitating the extension for Smith’s sentencing.

Tennessee Innocence Project (TIP) has announced that all charges have been dismissed against its client Artis Whitehead. The move follows the overturning of Whitehead’s conviction in December 2023. The exoneration is the sixth for the organization in the state and the first in Memphis. TIP Executive Director and Lead Counsel Jessica Van Dyke said, “TIP has been working on this case for the last four years because we believed in Mr. Whitehead’s innocence, and we appreciate the DA’s Office's diligent investigation and attention to detail. They got to the bottom of this case and ensured that justice was served appropriately for Mr. Whitehead and his family.” Whitehead was arrested on Jan. 31, 2003. His exoneration comes 21 years from the exact day he was arrested. He served almost 21 years after being wrongfully convicted for a 2002 robbery at B.B. King’s Blues Club on Beale Street.

Tim Jester, a Nashville financial planner newly appointed to the Metro Arts Commission, is considering a bid for state House District 60, the Nashville Post reports. Jester recently named LaTanya Channel, former Metro director of economic growth and small business development, campaign treasurer in paperwork filed with state regulators. He filed to run as a Democrat for the seat that will be vacant after Rep. Darren Jernigan, D-Nashville, moves to a position in Nashville Mayor Freddie O'Connell's administration. Former Metro Councilmember Kevin Rhoten also had filed paperwork appointing a treasurer for the race, but he has since landed a job with Metro and removed himself from the race. Other potential candidates who have expressed interest in possibly running for the seat, according to the paper, include education policy expert Indira Dammu and gun control advocate Shaundelle Brooks.

Spicer Rudstrom PLLC moved its Memphis office to a new location this week. The firm now will be located at 6060 Primacy Pkwy., Ste. 401, Memphis 38119. All email addresses, phone numbers and fax numbers will remain unchanged. The firm’s managing member Clint Woodfin said the move was “aimed at providing easier access for clients, staff and attorneys, as well as allowing our team a better starting point to reach all of our clients in the greater Shelby County area.” Read more from the firm.

University of Tennessee College of Law Dean and Elvin E. Overton Distinguished Professor of Law Lonnie T. Brown Jr. will be honored at a reception Saturday evening at the American Bar Association’s Midyear Meeting in Louisville, Kentucky. The event will take place from 5:30-7 p.m. EST at the Omni Louisville Hotel in the Commonwealth 1 room on the second floor. Any lawyers planning to be at the ABA meeting are invited to attend. View the invitation.