TBA Law Blog

Posted by: Stacey Shrader Joslin on Apr 16, 2013

The Tennessee Supreme Court on Monday issued an order soliciting comments on a proposed amendment to Rule 10B of the Rules of the Supreme Court, which sets out the procedures for seeking disqualification or recusal of a judge. Under the current rule, a party seeking disqualification or recusal must file a written motion and the judge must act promptly on it. The rule also sets out procedures for appealing a denial to the intermediate appellate court. However, it does not state whether, and if so how, a party may seek Supreme Court review of the appeals court decision. The proposed amendment would add a new section to provide for discretionary appeal to the Supreme Court. Comments on the amendment should be filed by May 15.