TBA Supreme Court Rule Review Process

One of the most important responsibilities of the Tennessee Bar Association (TBA) is to advocate for the legal profession and our system of justice by weighing in on public policy when given the opportunity. We define public policy as legislation and proposed changes to Supreme Court Rules. 

With regard to proposed changes to Supreme Court Rules, once the TBA receives the Supreme Court Orders asking for comment, we circulate the proposed changes to the Executive Councils of the TBA sections that would be impacted by the rule change. We ask them whether they support or oppose the proposed change and whether they want the TBA to file a comment and weigh in on the proposed change. We then circulate the section Executive Council’s recommendations to the TBA Board of Governors, if there is time to do so before the Supreme Court comment deadline, and the Board discusses the proposed changes and the sections’ suggestions and makes a decision about whether TBA should file a comment and what that comment should say.  If no board meeting is scheduled before the Supreme Court comment deadline, then the Executive Committee of the Board of Governors makes the decision and approves any comment that is to be filed. 

Occasionally a TBA section or a member of TBA leadership will ask the TBA to file a petition for the Supreme Court to create or amend a Supreme Court Rule. That request would follow the same process as outlined above.