The Tennessee Supreme Court today released a statement reinforcing its commitment to providing equal justice for all Tennesseans. To help ensure that justice is served for all, the high court will continue to provide implicit bias training for all judges and says it has also directed the Access to Justice Commission to “establish a new initiative to identify and eliminate barriers to racial and ethnic fairness and justice.” The commission will work to advise the court on how to effect change in the areas of education and training, the judicial environment and court policies and procedures that in any way lead to racial bias. “Change is needed and only can happen through listening, as well as valuing and respecting a myriad of voices with different perspectives and views,” the statement says. “Our commitment today is another step in what will be a long, sustained journey.” Read the full statement from the State Courts website.

The Tennessee Supreme Court ruled yesterday that it will not block a judge’s order allowing a vote-by-mail option for all eligible voters during the COVID-19 pandemic, the Tennessean reports. Davidson County Chancellor Ellen Hobbs Lyle earlier this month ordered that expansion to protect the health of voters during the pandemic. The majority of the justices voted against stopping the absentee voting expansion pending appeal, but agreed with the state’s wish to fast-track the appeal without a lower appellate court considering it. State officials have opposed the expansion, saying it wouldn’t be feasible due to lack of money, personnel and equipment. The high court wrote that it considered those issues, but found that the state “has not met its burden of demonstrating that the balance of the relevant factors weighs in favor of a stay pending appeal." Voters can apply for an absentee ballot until July 30.

The Tennessee Supreme Court earlier this month declined to take up an emergency request to consider suppressing evidence seized in the double killings and dismemberment of a West Knox County couple, WBIR News reports. Lawyers for Joel M. Guy Jr., 32, sought to appeal a Knox County judge's decision that would allow jurors to see key evidence, including a notebook and receipts for chemicals that could suggest Guy had been planning the killings before he drove up from Louisiana to spend the Thanksgiving holiday with Joel Guy Sr. and Lisa Guy.

The Tennessee Supreme Court today upheld the transfer of a West Tennessee assistant principal to a teaching position at another school. The court held that Stephen Geller, an assistant principal at Henry County High School, did not prove that his transfer violated the Tennessee’s Teacher Tenure Act. Geller was serving as assistant principal when a new principal was hired. The principal reassigned Geller to another school because he did not have an administrator license, which provides training in instructional leadership. Geller sued, arguing that he did not need the license because his duties did not involve more than 50% instructional leadership. The court found that the principal had a right to transfer Geller because he wanted all assistant principals to be teaching as much as possible with a new “priority on instructional leadership.”

The Tennessee Supreme Court today ordered a stay of execution for Byron Black until April 8, 2021, because of the COVID-19 pandemic, the Tennessean reports. Black’s execution had been scheduled for Oct. 8. Black was convicted of the 1988 murders of his girlfriend, Angela Clay, and her two daughters, Latoya and Lakeisha Clay in Nashville. Black's legal team filed a motion in April to stay the execution, saying the court and prison safety measures expected to continue into the summer would affect their ability to adequately prepare for hearings in advance of the execution date. A hearing to determine Black’s competency originally was set for mid-August. It will now be rescheduled for early next year.

The Tennessee Supreme Court has held that a plaintiff who alleged that a massage therapist sexually assaulted her during a massage did not have to present expert testimony to support her claim against the therapist’s employer for negligent training, supervision and retention. Expert testimony was not needed because laypersons relying on their common knowledge could determine whether the employer was negligent, the court stated. The court also upheld the firing of a fire fighter, finding that an employee can claim rights based on an employee handbook only when the handbook specifically states it is intended to be a contract. Both opinions were unanimous.

The Tennessee Supreme Court granted review to three cases on Monday. The Raybin Supreme Court Hot List looks at the cases, which include questions about the inevitable discovery doctrine, judgments of acquittal and the Prompt Pay Act. Read the Hot List’s analysis.

The state Supreme Court issued an order recently to amend Tenn. S. Ct. Rule 8, RPC 1.15 by adopting a new RPC 1.15(f). The Tennessee Board of Professional Responsibility and the Tennessee Lawyers’ Fund for Client Protection filed the petition asking the court to make this change. The new RPC 1.15(f) instructs lawyers of the steps to take if they discover unidentified funds in an IOLTA account.

The Tennessee Supreme Court has declined to intervene in the legal battle over Gov. Bill Lee’s education savings account program and upheld an injunction that has put the program on hold, the Daily Memphian reports. Earlier last month, Davidson County Chancellor Anne Martin ruled that the program was unconstitutional and issued the injunction. The Appeals Court upheld that injunction and scheduled arguments to debate its constitutionality for Aug. 5. Attorney General Herbert Slatery asked the Supreme Court to step in and take the case since an Aug. 5 decision would come too late to meet the program’s rollout deadline. Lee’s proposed budget plan for 2021 reduced the voucher program by $22 million, but kept it intact. The program still contains $16 million to provide $7,300 in payments to around 2,000 students.

The Tennessee Supreme Court has approved a plan submitted by the Davidson County courts to begin holding in-person proceedings. Jury trials in the country will remain suspended until July 6. Those attending in-person proceedings in the historic county courthouse, the Justice A.A. Birch Building and the Davidson County Juvenile Court Building will be asked to wear masks. Security officers also will be using a touchless thermometer to read visitors' temperatures. Only 10 people, excluding court personnel, will be allowed in a courtroom but it is up to each judge to decide to allow friends and family in the room. The Tennessean has more specific guidance for each building. In related news, Nashville lawyer David Raybin writes in an op ed why there are good reasons to delay jury trials to July.