The Coalition for Mediation Awareness in Tennessee (CMAT) has announced that Supreme Court Justice Sharon G. Lee is this year’s recipient of the Grayfred Gray Public Service in Mediation Award. According to a CMAT press release, Lee was chosen for the honor based on her “innovative and lasting contributions to the field of mediation.” Those contributions include her leadership in implementing the Supreme Court’s Alternative Dispute Resolution Plan, which aimed to help reduce case backlogs by encouraging the courts to refer cases to mediation. “I am honored to receive this award,” Lee said. “Mediation is an integral and valuable part of our system of justice which allows people to resolve disputes efficiently and effectively.” Lee will receive the award during the Tennessee Association of Professional Mediators annual meeting on April 8. Gov. Bill Lee proclaimed April 2022 as Mediation Month in Tennessee to recognize the contributions of mediation and to encourage its further growth in the state.

The Tennessee Supreme Court today issued an order giving the Board of Law Examiners limited discretion to (1) waive the registration late fee for lawyers working remotely for a Tennessee company and (2) approve the registration of a lawyer working as in-house counsel without having to determine when the lawyer established a presence in Tennessee. The court took the action after finding that the widespread use of remote work has created uncertainty concerning when a lawyer has established a “systematic and continuous presence” in Tennessee for purposes of Rule 7, Section 10.01(a) and Rule 8, Section RPC 5.5(d)(1) of the Rules of Professional Conduct. The order takes effect immediately and will remain in force until further order by the court.

The Tennessee Supreme Court issued an order last week seeking comments on a petition filed by the Board of the Tennessee Lawyers’ Fund for Client Protection (TLFCP) on March 3. The petition asks the court to consider amendments to Tennessee Supreme Court Rule 9 and Rule 25 to (1) increase the annual attorney registration fee from $170 to $185, (2) increase the portion of the fee TLFCP receives from $10 to $25, (3) modify the limitations on payments that TLFCP may make, and (4) require TLFCP to publicize information about claims that are paid. Comments should be submitted by June 10.

Tennessee Supreme Court Chief Justice Roger Page on Friday signed an order appointing Supreme Court Justice Sarah Campbell as liaison for the Commission on Continuing Legal Education and Specialization, effective immediately. Read the order here.

The Tennessee Supreme Court today held that probation revocation proceedings involve a two-step inquiry on the part of the trial court. The “two separate exercises of discretion” that should take place after a trial court finds that a defendant has violated the conditions of probation are: (1) determine whether to revoke probation, and (2) determine the appropriate consequence to impose upon revocation. When reviewing these decisions, appellate courts must consider each decisions separately. The court also held that if the trial court has properly placed its findings on the record, the standard of appellate review for probation revocations is abuse of discretion with a presumption of reasonableness.

The Board of Tennessee Lawyers’ Fund for Client Protection (TLFCP) filed a petition with the state Supreme Court today, requesting the court amend Tennessee Supreme Court Rule 9 to increase attorney registration fees from $170 to $185 and in turn increase the allotment of the fee that goes to TLFCP to $25 per attorney, improving TLFCP’s ability to reimburse claimants for losses caused by dishonest attorneys. Additionally the TLFCP is asking the court to amend Rule 25 to raise the attorney cap from $250,000 to $400,000 upon recommendation of the board and with approval of the court.

The Tennessee Supreme Court last week heard arguments in the case of State of Tennessee v. Tyshon Booker, which challenges the constitutionality of mandatory minimum sentences for juveniles convicted of murder, WPLN reports. Booker was 16 when he shot and killed G’Metrik Caldwell in Knoxville during a botched robbery. Attorneys for Booker did not argue his innocence in the crime, but instead took aim at the state’s 51-year minimum sentence for anyone, regardless of age, found guilty of first-degree murder. They argue the law violates Booker’s eighth amendment protection from cruel and unusual punishment. The state argued the law is constitutional because it fulfills the U.S. Supreme Court’s requirement that juveniles be allowed the chance for parole. However, that could soon change if state lawmakers pass the “Truth in Sentencing” bill, which effectively eliminates early release for many crimes, including murder. The high court will consider how to proceed in Booker’s case while that legislation makes it way through the General Assembly. The justices are expected to reconvene in early April.

The Tennessee Supreme Court today reheard arguments over Gov. Bill Lee’s education savings account program, also known as the school voucher program, the Tennessean reports. Lee’s program would give qualifying students in Davidson and Shelby counties state money to spend on private school tuition. Metro Law Director Bob Cooper represented both Metro and Shelby County governments in today’s hearing, arguing the law violates the state’s home rule provision since it is narrowly tailored to the jurisdictions without their consent. Tennessee Solicitor General Andrée Blumstein argued the program would give low-income students a chance to “get an education that is best suited to them.” Justice Holly Kirby repeatedly asked for more details on how the schools wouldn't be paying for "phantom" students, while Justice Jeff Bivins repeatedly asked Cooper whether the amount the counties were spending on schools would really change. Judge Thomas R. Frierson II of the Tennessee Court of Appeals sat on the panel today for arguments, though he asked no questions of the parties. New Justice Sarah Campbell recused herself from the hearing since she had previously worked at the attorney general’s office.

The Tennessee Supreme Court on Feb. 24 will re-hear arguments in two cases that were originally argued last year before the death of Justice Connie Clark. Justice Sarah Campbell, who was recently confirmed to the high court earlier this month, has recused herself from both cases. Metropolitan Government of Nashville and Davidson County, et al. v. Tennessee Department of Education, et al., an interlocutory appeal involving a challenge to Gov. Bill Lee’s Education Savings Account Pilot program, will begin at 9 a.m. CST. Special Justice Thomas R. Frierson, II, has been appointed to participate in that case. Immediately following is State of Tennessee v. Tyshon Booker, involving a constitutional challenge to juvenile life sentences. Special Justice William C. Koch Jr. has been appointed to serve on that case. Read more from the Administrative Office of the Courts.

The Tennessee Supreme Court today issued an order rescinding requirements for distancing between persons in courtrooms. The order takes effective immediately and applies statewide to all courts and court clerks’ offices, except administrative courts within the Executive Branch and federal courts and court clerks’ offices.