The Tennessee Supreme Court on Nov. 22 suspended McMinn County lawyer Joseph H. Crabtree Jr. from the practice of law for three years, with one year to be served on active suspension and the remainder on probation. During the first year of probation, the court directed Crabtree to engage a practice monitor at his own expense. It also conditioned reinstatement on Crabtree completing six hours of continuing legal education on ethics and six hours on law office management, paying restitution to two former clients, and reimbursing the Tennessee Lawyers Fund for Client Protection for any payments to complainants. The court took the action after finding that Crabtree’s conduct violated Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.8 (h), 3.2, 3.4 (c) ,8.1 (b) and 8.4 (a), (c) and (d). The court explains why it rejected the Board of Professional Responsibility's recommendation for discipline as "inadequate" in this opinion.

Tennessee Supreme Court Justice Jeffery S. Bivins recently was presented the Distinguished Alumnus in Public Service Award by his college alma mater, East Tennessee State University (ETSU). Bivins graduated from ETSU in 1982 with a bachelor degree in political science and a minor in criminal justice, the Elizabethton Star reports. Bivins graduated from Vanderbilt University School of Law in 1986. He practiced law with Boult, Cummings, Conners & Berry PLC in Nashville and was assistant commissioner and general counsel for the Tennessee Department of Personnel before joining the bench. He served as a circuit court judge for the 21st Judicial District and then as a judge on the Tennessee Court of Criminal Appeals. Bivins was appointed to the Tennessee Supreme Court in 2014. In 2016, his colleagues elected him chief justice, a position he held until 2021.

The Tennessee Supreme Court ruled today that Tennessee’s mandatory sentence of life in prison when imposed on a juvenile homicide offender is cruel and unusual punishment and violates the juvenile’s rights as guaranteed by the U.S. Constitution. In a narrow ruling, the court did not change Tyshon Booker’s sentence, but granted him a parole hearing after he has served between 25 and 36 years in prison so that his age and other circumstances can be considered at that time. Booker, who was 16 at the time, was convicted by a Knox County jury of first-degree felony murder and especially aggravated robbery. He was sentenced to a mandatory life sentence of 60 years for the murder and 20 years for the robbery, to run concurrently. The Court of Criminal Appeals had affirmed the convictions and sentence.

The Tennessee Supreme Court issued an order seeking comments on 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 proposal from the commission would amend Rule 31(14)(g) to increase the required training from 12 to 16 hours. Comments should be submitted by Jan. 17, 2023, and reference docket number ADM2022-01538.

An order issued yesterday by the Tennessee Supreme Court altered the requirements for meetings of the Tennessee Lawyers Fund for Client Protection. The amendment to Rule 25, Section 5.01 states there will “be no personal appearances except upon request of the Board” or “written authorization of the Board Chair, pursuant to a written request” that is submitted 14 days prior to the meeting.

The Tennessee Supreme Court today reappointed two members of its Alternative Dispute Resolution Commission to second terms. Lori Thomas Reid and J. Marcus Rudolph will each serve another three-year term that will expire on Jan. 9, 2026. The high court noted it was reappointing Reid and Rudolph “because of their outstanding contributions to the Commission.” Read the order.

The Tennessee Supreme Court today issued an order amending Rule 25, Section 5.01. Section 5 deals with meetings of the Tennessee Lawyers Fund for Client Protection. The new amendment states there will “be no personal appearances except upon request of the Board” or “written authorization of the Board Chair, pursuant to a written request” that is submitted 14 days prior to the meeting. Read the order.

The Tennessee Supreme Court today issued an order amending Rule 8. The housekeeping amendments were made to rules 5.5, 5.7, 7.1 and 7.3(f)(2). Read the order here.  

The Tennessee Supreme Court will hear four cases tomorrow in Jackson. Arguments will begin at 9 a.m. and will be livestreamed to the Administrative Office of the Courts YouTube page. Cases to be heard include Paul Zachary Moss v. Shelby County Civil Service Merit Board; James A. Welch et al. v. Oaktree Health and Rehabilitation Center LLC d/b/a Christian Care Centers of Memphis et al.; Commercial Painting Company Inc. v. The Weitz Company LLC et al.; Roger Baskin v. Pierce & Allred Construction Inc. The AOC has more details on each case.

The Tennessee Supreme Court has issued an order dismissing, denying and granting various provisions contained in a petition filed by the Tennessee Commission on Continuing Legal Education. On Sept. 19, the commission filed a petition to amend multiple sections of Tennessee Supreme Court Rule 21 to correct typographical errors and address other non-substantive items. The court dismissed some of the requested changes because they had already been corrected or were related to provisions the court had since eliminated. It denied amendments to sections 3.01(c), 4.02(b) and (d), 4.04, 4.09, 5.01(f) (the first suggested amendment) and 5.01(h). The court granted the remaining proposed amendments to sections 4.07; 4.08(d); 5.01(f) (the second suggested amendment); 5.05(a), (c) and (d); 6.01; and 8.03. The court also today granted the commission’s request to withdraw a petition requesting amendments to Rule 21. The commission said that changes to the rule made by the court on Oct. 8, 2021, made the petition unnecessary.