The Tennessee Supreme Court last week held that an arbitration agreement signed by a power of attorney as part of the paperwork for admittance to an assisted living facility was not a health care decision because it was optional and not required for admission. The court also concluded that the next of kin in the wrongful-death suit filed is bound by the arbitration agreement. In 2007, Granville Williams Jr. executed a durable power of attorney naming Karen Sams as his attorney-in-fact, giving Sams authority to act for Williams in “all claims and litigation matters” but not health care decisions. In 2020, Williams was admitted to Azalea Court, an assisted-living facility, and Sams completed the admission forms, including an arbitration agreement not required for admission. After Williams died, his son brought a wrongful-death lawsuit against two corporations that managed Azalea Court. Read more about the case, the majority opinion and dissenting opinions from Chief Justice Holly Kirby and Justice Sharon Lee.

The Tennessee Supreme Court yesterday upheld 11 convictions against David Eady, which stemmed from a string of robberies that occurred in Nashville in November 2017. The court reversed a 12th conviction and called for a new trial on that charge, holding that the trial court erred in denying a motion to sever the offense. The defendant had sought to disqualify the Davidson County District Attorney’s office from prosecuting him because Glenn Funk had represented him in a different case in 1989. The trial, appellate and supreme court rejected that argument. The Supreme Court did, however, overturn the two lower courts in determining that one of the charges should have been tried separately. Read more about the ruling in State v. David Wayne Eady.

The Tennessee Supreme Court last week hosted state supreme court chief justices from around the country as the Conference of Chief Justices (CCJ) held its Mid-Year Meeting in Nashville. While normally only the chief justice from each state attends CCJ conferences, all five of Tennessee's justices were able to attend since the state hosted the event. Sessions included the impact of AI on the administration of justice, the practice of law and law school curricula, in addition to ethical considerations related to AI in litigation and the judiciary. The justices also heard Tennessee author Keel Hunt, Nashville School of Law Dean William Koch and Nashville attorney Hal Hardin recount the story of how former Gov. Lamar Alexander took his oath of office early to stop a pardon scandal. That account is chronicled in Keel’s book “Coup.”Learn more about the meeting.

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.

The Tennessee Supreme Court has issued an order amending Rule 33.02(C) to increase the number of consecutive, full three-year terms that a Tennessee Lawyers Assistance Program (TLAP) member may serve from two terms to three terms. The amendment takes effective immediately. Read the order and see the amended language.

A news story in Friday’s issue of TBA Today incorrectly attributed the source of proposed amendments to Tennessee Supreme Court Rule 9, section 16, which, if adopted, would have replaced section 16 in its entirety and changed the procedure for complaints against members of the board, district committee members and disciplinary counsel. It also mischaracterized the position of the Board of Professional Responsibility. The Tennessee Supreme Court itself initiated the proposed changes and solicited public comment on them. Among the comments received were those from the board, which opposed the changes. On Friday, the court instead adopted “minor revisions” to the rule. See a red line version of the section and the new rule in this order from the court.

The Tennessee Supreme Court recently issued an order declining to adopt proposed amendments to Supreme Court Rule 9, section 16, which would have replaced section 16 in its entirety and changed the procedure for complaints against members of the board, district committee members and disciplinary counsel. The court said it received comments on the proposal from the Board of Professional Responsibility and the Knoxville Bar Association. Following the comment period, the court decided to adopt “minor revisions” to the rule instead. See a red line version of the section and the new rule in this order from the court.

The Tennessee Supreme Court has adopted amendments to the Tennessee Rules of Civil Procedure and the Tennessee Rules of Appellate Procedure. The amendments to the Rules of Civil Procedure include changes to Rule 43.01 (Evidence at Trials). The Rules of Appellate Procedure include changes to Rules 30 (Form of Briefs and Other Papers) and 31 (Brief and Oral Argument of an Amicus Curiae). The amendments are now subject to approval by the General Assembly. 

The Governor’s Council for Judicial Appointments met recently to consider six applicants for an upcoming vacancy on the Tennessee Supreme Court. After holding a public hearing and interviews, the council voted to advance Tennessee Court of Criminal Appeals Judge J. Ross Dyer, presiding judge of the Tennessee Court of Criminal Appeals Camille R. McMullen and Shelby County Circuit Court Judge Mary L. Wagner. The council has forwarded the names to Gov. Bill Lee for his consideration. The vacancy will be created by the upcoming retirement of Justice Roger A. Page, effective Aug. 31. Read the council's press release.

Today, the Tennessee Supreme Court temporarily blocked a lower court’s decision that lawmakers must redraw the state’s Senate maps. The ruling means that the current legislative districts will likely remain in place for the 2024 elections. In November, a three-judge panel ruled that new Republican-drawn maps were incorrectly numbered and violated the state constitution. The Associated Press reports the state argued that the plaintiffs in the case had no standing to sue and that the state wanted to exhaust all of its appeals options before having to reconfigure district lines. The Supreme Court’s ruling today sides with the state. The redrawn maps will stay in place as the appeals process runs its course.