The Tennessee Supreme Court recently announced it has appointed 26th Judicial District Circuit Court Judge Roy B. Morgan Jr. as senior judge, effective Sept. 1. Morgan will retire from his current position on Aug. 31 and assume his new role for a term of four years. He was first elected to the circuit court bench in 1998, winning reelection campaigns in 2006 and 2014. Prior to this position, Morgan served as a general sessions court judge in Madison County for eight years. “At the end of this term, I will have served 32 years as a member of the judiciary,” Morgan said. “What an honor it has been to serve for so many years. The Senior Judge appointment by the Supreme Court gives me an opportunity to slow down a little while still being able to continue to serve the justice system and the citizens of our state.”

The Tennessee Supreme Court today issued an order encouraging the use of masks in the courtroom and prompting courts to utilize available technology to avoid in-person court proceedings when possible. The order also states that judges should not allow anyone who has tested positive for the COVID-19 virus to appear in court. Supreme Court Justice Sharon Lee issued a separate concurring/dissenting order in which she expressed her agreement with today’s order, “except for the section that strongly encourages, but does not require, facial coverings in courtrooms.” The order comes after a resurgence of the COVID-19 virus in Tennessee and its “burden on the health care system.”

Tennessee Supreme Court Justice Roger A. Page has been elected chief justice by his colleagues. His term will begin Sept. 1. Page succeeds Justice Jeff Bivins, who has served as chief justice since September 2016. “It is an honor to serve as chief justice and a responsibility that I do not take lightly,” Page said after being elected. Page will be sworn-in by Justice Connie Clark at a small ceremony on Sept. 1 at 1:30 p.m. CDT in the courtroom he presided over in the Madison County Criminal Justice Complex. The event will be livestreamed on the court’s YouTube channel. Page began his judicial career when he was elected 26th Judicial District Circuit Court judge in 1998. He was appointed to the Court of Criminal Appeals by former Gov. Bill Haslam in 2011. In 2016, Haslam appointed him to the Supreme Court. Page said that among his priorities will be continued emphasis on the court’s access to justice initiative and work to expand access to the courts in rural communities, including increasing remote hearings and e-filing.

The Tennessee Supreme Court recently issued an order seeking comments on proposed amendments to the Tennessee Rules of Appellate Procedure and Rules of Civil Procedure. The amendments were recommended by the Advisory Commission on the Rules of Practice & Procedure at its June 11 meeting. Comments should be submitted by Nov. 23 to the attention of Appellate Clerk James Hivner, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

The Tennessee Supreme Court recently granted review to four cases. The latest issue of the Raybin Supreme Court Hot List reviews the cases, which raise issues involving comparative fault, expungements, forgery convictions and the Drug Free School Zone law.

The Tennessee Supreme Court has upheld a decision of the Board of Professional Responsibility (BPR) to deny Knoxville attorney Loring Edwin Justice’s petition seeking relief from costs associated with his disciplinary proceedings. The BPR had assessed costs and expenses of $25,403.65 following Justice’s disbarment. Justice filed a petition for relief from costs arguing that the disciplinary proceedings were unconstitutional, the wrong standard of proof was used and his Fifth Amendment privilege was violated. The BPR denied his petition, which he then appealed to the Supreme Court. The court affirmed the BPR’s decision saying the assessment was supported by substantial and material evidence. Read the opinion.

In a unanimous opinion released today, the Tennessee Supreme Court ruled that the economic loss doctrine applies in fraud actions where the parties are sophisticated commercial entities and the claim is based solely on alleged misrepresentations or nondisclosures about the quality of the goods purchased through a contract. The economic loss doctrine states parties cannot recover under civil tort law for purely economic damages suffered under a contract and instead must look to the contract itself for remedies. In addition, the ruling addressed the application of the Tennessee Consumer Protection Act to commercial transactions. Read more about the case or access the opinion.

The Tennessee Supreme Court today issued an order making a “minor housekeeping amendment” to Tennessee Supreme Court Rule 10, RJCs 2.6 and 3.9. In October 2018, the court adopted a comprehensive revision of Rule 31 and a new Rule 31A, which set out rules governing alternative dispute resolution. The Alternative Dispute Resolution Commission has reported that comments for Rule 10, RJCs 2.6 and 3.9 continue to reference the prior version of Rule 31. The court adopted this order to correct those cross-references.

The Tennessee Supreme Court recently granted review to six cases. The Raybin Supreme Court Hot List reviews the cases, which raise issues including mootness, the Health Care Liability Act, probation violations, attorney fees, speedy trials and ineffective assistance of counsel.

The Tennessee Supreme Court has agreed to hear a case later this year on Nashville’s rules for home businesses, Mainstreet Nashville reports. In 1998, the city imposed a ban on home businesses serving clients on site. A new ordinance in 2020 repealed the ban, but some residents say the stipulations are still unfair. Raynor and Lij Shaw sued the city in 2017 after they were told to shut down a home recording studio in 2015. The Institute of Justice, which is working with the Shaws, says the rules are enforced inconsistency. The chancery court had dismissed the case arguing that the 2020 ordinance made it moot.