The Tennessee Supreme Court today reversed a decision of the Court of Appeals that had allowed a plaintiff to proceed with her claims of gross negligence and recklessness against governmental entities under the Tennessee Governmental Tort Liability Act. The high court held that the act’s waiver of sovereign immunity for “negligent” acts removes immunity only for ordinary negligence, not gross negligence or recklessness. Justice Holly Kirby concurred with the majority but wrote a  separate opinion, in which she discusses the “Rubik’s cube effect” caused by the court’s earlier decision to retain the public-duty doctrine and its related exceptions following enactment of the law. She also writes that she would be willing to reconsider that decision in a future case. Read more on the case and the unanimous opinion authored by Justice Sarah K. Campbell from the Administrative Office of the Courts.

The Tennessee Supreme Court this week issued a revised order amending Rule 31(14)(g) to increase the number of training hours needed to obtain a “Specifically Trained in Domestic Violence Issues” designation. The court had issued its original order last week, approving a proposal from the Alternative Dispute Resolution Commission to increase the requirement from 12 to 16 hours. The revision, which appears at the end of the second paragraph, adds the phrase "effective June 1, 2023."

The Tennessee Supreme Court this week issued an order approving a proposal from the Alternative Dispute Resolution Commission to increase the number of course hours for family mediators who wish to obtain the designation “Specifically Trained in Domestic Violence Issues.” The order amends Rule 31(14)(g) to increase the required training from 12 to 16 hours. Read the commission's original proposal.

The Tennessee Supreme Court issued an order today adopting what it called a “housekeeping” amendment to Rule 11, Section III regarding cases under advisement. The new language, which takes effect immediately, reads as follows: "No case may be held under advisement in excess of sixty days and no motion, or other decision of the trial judge that delays the date of trial or final disposition in the trial court, shall be held under advisement for more than thirty days, absent the most compelling of reasons. A motion to render decision setting out the facts said to constitute a failure to comply with this rule may be filed with the presiding judge and the circuit justice, or either of them, by any attorney of record in a case, setting out the facts said to constitute a failure to comply with this rule."

The Tennessee Supreme Court today extended from Jan. 20 to Feb. 20 the deadline for filing a comment on the Board of Law Examiners’ proposed amendments to Tennessee Supreme Court Rule 6 and 7. The extension was requested by the Tennessee Bar Association. Comments should reference docket number ADM2022-01449 and be sent to James M. Hivner, appellatecourtclerk@tncourts.gov Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407.

The Tennessee Supreme Court today issued an order appointing five new members to the Trial Court E-Filing Oversight Committee. Three were named to replace current members: Shelby County Circuit Court Judge Rhynette Hurd replaces Memphis lawyer Will Perry; Henry County Clerk and Master Albert Wade replaces Rutherford County Clerk and Master John Bratcher; and Sumner County General Sessions Court Judge David Howard replaces Stewart County General Sessions Court Judge Andy Brigham. The court also named two additional members: 16th District Circuit Court Judge James A. Turner and 1st District Circuit Court Judge Suzanne Cook.

The Tennessee Governor’s Council for Judicial Appointments met today to consider five applicants for an upcoming vacancy on the Tennessee Supreme Court. After holding a public hearing and conducting public interviews, the council selected the following three applicants: Tennessee Court of Appeals Judge Kristi M. Davis, Court of Criminal Appeals Judge Tom Greenholtz and Knoxville lawyer Dwight E. Tarwater. Once the governor makes his selection, the confirmation process will begin before the General Assembly. The vacancy will be created when Justice Sharon G. Lee retires on Aug. 31. Read more about the three candidates selected.

The most recent episode of WPLN’s “This is Nashville” podcast looks at the Tennessee State Supreme Court and the process for replacing retiring Justice Sharon Lee. Listen as a panel of experts talks about the history of the court, its influence and what makes it unique among other states. Guests include Erik Schelzig, editor of The Tennessee Journal; retired Tennessee Justice William Koch, dean of Nashville Law School; Court of Appeals Judge Andy Bennett; and Nashville lawyer David Raybin with Raybin & Weissman.

The Tennessee Supreme Court on Dec. 21 officially adopted the rule establishing a three-judge panel to hear constitutional challenges to state laws, executive orders, regulations and legislative redistricting cases. The high court added Tennessee Supreme Court Rule 54 as an interim rule in June 2021 and adopted amendments to it in September 2021. Read the order adopting Rule 54.

Tennessee Supreme Court Justice Sharon G. Lee recently presented awards to employees in the Tennessee Appellate Court’s Eastern Division for their years of service. The following employees were recognized: Missy McConkey, 25 years; Renee Hammond, 20 years; Jennifer Rosser, 15 years; Sally Goade, Tammy Capps and Rebekah Bradley, 10 years; and Daniel Parkhurst, Amy Sosinski and Lilas Taslimi, 5 years. The Administrative Office of the Courts has more pictures.