Question 1: If a member of a regional planning commission fails to attend the required training pursuant to Tenn. Code Ann. § 13-3-101(j)(1) or file a written statement with the commission secretary certifying such attendance pursuant to Tenn. Code Ann. § 13-3-101(j)(3), may the member be removed from the commission?

Opinion 1: Yes. A member of a regional planning commission may be removed for cause for failing to meet either of these requirements.

Question 2: If the answer to Question 1 is “yes,” what is the process for removing the member?

Opinion 2: In regional planning commissions in which the Commissioner for the Department of Economic and Community Development designates planning commission members, the Commissioner “may remove a member . . . for cause specified in writing served on the member and after hearing, of which such member shall be given not less than fifteen (15) days’ written notice.” Tenn. Code Ann. § 13-3-101(f). In regional planning commissions in which planning commission members are appointed by the county mayor, subject to confirmation by the county legislative body, the county legislative body may remove a member for cause by following the same notice and hearing process. Id. § 13-3-101(i)(5).

Question 3: If a member is removed from the commission, what is the process for filling the vacancy?

Opinion 3: A vacancy in the membership of a regional planning commission that consists of a single county is filled through appointment by the county mayor, subject to confirmation by the county legislative body. Tenn. Code Ann. § 13-3-101(i)(4). And when there is a vacancy in the membership of a regional planning commission that contains territory in more than one county or a regional planning commission that consists of a single county that participates jointly in the planning region with a municipality or municipalities lying within that county, nominations to fill the vacancy must be submitted “within thirty (30) days after [the] position is vacated” by “the chief elected officer of any county having a metropolitan form of government, the county mayor of any other county, or the chief elected officer of any municipality lying inside of the boundary of the planning region.” Id. §§ 13-3-101(b), (c)(3) & (4), (i)(7). The Commissioner of the Department of Economic and Community Development may then designate a nominee as a member of the regional planning commission. Id. §§ 13-3-101(b), (c), (i)(7).

Question 1: What are “county purposes” within the scope of Tenn. Code Ann. § 5-8-102(b), which authorizes counties to levy a motor vehicle privilege tax and to use that tax revenue for “county purposes”?

Opinion 1: “County purposes” within the scope of Tenn. Code Ann. § 5-8-102(b) are the purposes for which the county may appropriate funds as “expressly given by or necessarily implied from state law.” State ex rel. Witcher v. Bilbrey, 878 S.W.2d 567, 571 (Tenn. Ct. App. 1994).

Question 2: May the intended use of the revenue from the motor vehicle privilege tax levied by a county under Tenn. Code Ann. § 5-8-102(b) be changed, and if so, by what process may the intended use be changed?

Opinion 2: While a county may not change the stated intended use of the motor vehicle privilege tax revenue retroactively, it may change the use prospectively by following the same procedure as the procedure required for levying the tax, which is detailed in Tenn. Code Ann. § 5-8-102(c).

Question: If a person is prohibited under Tenn. Code Ann. § 39-17-1307(h)(1)(B) from carrying a firearm with the intent to go armed as a result of one or more convictions for driving under the influence of an intoxicant but the person possesses an enhanced handgun carry permit and does not have a disqualification under Tenn. Code Ann. § 39-17-1351(c)(11), may that person be charged or convicted under Tenn. Code Ann. § 39-17-1307(h)(1)(B)?

Opinion: A person who possesses an enhanced handgun carry permit does not commit an offense under Tenn. Code Ann. § 39-17-1307(h)(1)(B) when that person carries his or her handgun with the intent to go armed, assuming that the person is not disqualified from holding an enhanced handgun carry permit under Tenn. Code Ann. § 39-17-1351(c)(11).

The plaintiff filed this healthcare liability action against several healthcare providers following the death of her husband. We granted this interlocutory appeal in which the defendants request review of the trial court’s denial of their motion for a protective order to prohibit further inquiry into a meeting held between the defendant hospital and the decedent’s family. We affirm the trial court.

A mother appeals from the judgment holding her in criminal contempt of court, denying her motion to dissolve an ex parte no-contact order entered against her, and denying her motion to transfer the case to another county. Upon a thorough review of the record, we affirm the judgment. Due to the passage of time and the position taken by the parties and by the trial court when issuing its ruling, we remand for a new evidentiary hearing on the ex parte order suspending the mother’s contact with the children.

The TBA Young Lawyers Division will launch its inaugural Diversity Law Week March 11-16, 2024, across the state, and is looking for attorneys and judges to provide high school students with a unique opportunity to learn firsthand from professionals. Students will shadow legal professionals during the week as well as engage in an immersive experience at a college or law school campus and observe a court proceeding. The goal of the program is to give high school students early exposure to the legal world and resources for a career in law. Those interested in volunteering to help the program are asked to register online. Thanks to YLD President Quinton Thompson for his vision for this program and program coordinators Chattanooga lawyer Ariel Anthony, Memphis lawyer Kevin Christopher and Nashville lawyer Erin Shackelford. Contact TBA Young Lawyers Division & Law Student Development Coordinator Laura Labenberg with any questions.

The Tennessee Supreme Court Historical Society recently held a reception to honor the current, outgoing and new members of the court. Retired Justice Sharon Lee and incoming Justice Dwight Tarwater specifically were recognized. The reception took place at the Nashville office of Holland & Knight. See photos from the event. The society was created in 1995 to ensure that the records and history of Tennessee courts are preserved and accessible to residents of the state. In addition, the organization works to educate Tennesseans of all ages about the rule of law and the importance of an independent judiciary.

The Tennessee Supreme Court reinstated three lawyers this week who had been suspended for failing to complete annual continuing legal education requirements in 2023. View the reinstatement order or see the full list of those suspended and reinstated here.

The Community Legal Center (CLC) in Memphis will hold a fundraiser on Nov. 3. The CLCerveza event will take place at Grind City Brewing from 6-8 p.m. CDT. General tickets are available for $30. Client tickets can be sponsored for $20 apiece. All proceeds will go towards the CLC's work in providing legal services. Contact Austin Brown, 901-402-0509 with any questions.

The Tennessee Supreme Court and its Access to Justice Commission held a pro bono recognition event last week at Belmont University College of Law. It was the first in-person recognition event since the pandemic, and honored lawyers for their pro bono work in 2020, 2021 and 2022. The Pro Bono Recognition Program honors lawyers and law students who provide at least 50 hours of pro bono service during the year as an "Attorney for Justice" or "Law Student for Justice." In 2021, the court also added the category "Mediator for Justice" to increase the number of mediators providing pro bono services. At this year's event, Tennessee Supreme Court Chief Justice Holly Kirby and Justices Jeffrey Bivins and Sarah Campbell were on hand to thank lawyers for their contributions. Belmont College of Law Dean Alberto Gonzales welcomed honorees to the law school, Tennessee Access to Justice Commission Chair and TBA Board member John Farringer congratulated honorees, and Texas Supreme Court Chief Justice Nathan L. Hecht gave keynote remarks. See photos from the event.