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Tennessee Supreme Court Justice Sharon G. Lee Sworn in October 2, 2008

New Tennessee Supreme Court Justice Sharon G. Lee of Madisonville speaking after being sworn in by Governor Phil Bredesen (second from left). Chief Justice Janice M. Holder (left) looks on.

Tennessee Supreme Court Justice Sharon G. Lee speaks following her swearing in by Gov. Phil Bredesen at a ceremony in the historic old Supreme Court Chamber at the State Capitol. Bredesen appointed Lee to fill a vacancy created by the retirement of Justice William M. Barker of Chattanooga. Lee, of Maryville, served on the Court of Appeals prior to her appointment to the Supreme Court.

Click here to view press release.


Students Hear Supreme Court Cases Argued

Davidson County High School Students listening to oral arguments before the Tennessee Supreme Court.

Students from 16 public and private high schools in Davidson County heard oral arguments in three Tennessee Supreme Court cases as participants in the court's SCALES Program Oct. 2 at Drug Court IV. SCALES, an acronym for the Supreme Court Advancing Legal Education for Students, is conducted in communities across the state at the request of local judges and Bar associations.


NOTICE OF JUDICIAL SELECTION

Court of Appeals
Eastern Division

Pursuant to the provisions of Tennessee Code Annotated Section 17-4-101 et seq., notice is hereby given that the Judicial Selection Commission will meet on Tuesday, November 18, 2008 to initiate the process of filling the vacancy on the Court of Appeals, eastern division, created by the appointment of Sharon G. Lee to the Supreme Court. Applicants must reside in the eastern grand division of the state.

Any member of the public, both lay and attorney, shall be entitled to attend the public hearing, to express, orally or in writing, suggestions of possible nominees and/or such citizen's approval of or objections to any suggested nominee for the judicial vacancy. Any licensed attorney may appear and make a statement, oral or written, in support of such attorney's own nomination.

All interested candidates should submit a completed Applicant Questionnaire and Tennessee Bureau of Investigation (TBI) background application to the Commission for its consideration. Both applications are available on our website here. Applicant Questionnaires and TBI background applications should be submitted to the Administrative Office of the Courts, Suite 600, Nashville City Center, 511 Union Street, Nashville, TN 37219, by no later than Tuesday, October 20, 2008, however, the Commission encourages all candidates to submit applications as early as possible. Fingerprinting also will be a requirement of each candidate. Dates, times and location for fingerprinting will be announced at a later date.

Each candidate must submit the original (unbound) and nineteen (19) copies (stapled or bound and printed on front and back) of the Applicant Questionnaire in order to have his/her name placed on the list of candidates for the judgeship vacancy for which he/she is applying. Please submit only the original background application. No copies are needed of this document.

Applicants must adhere to the requests of the commission. Failure to comply with these instructions will result in disqualification.

The commission will consider a TBI background check on each applicant which includes, among other sources of information, an Equifax credit report. If there is negative information in that report, it will be considered by the commission and may be discussed with the applicant in the interview process. Applicants are well advised to obtain and review a copy of their Equifax credit report prior to applying.

The Commission is committed to the goal of a diverse judiciary and encourages all qualified attorneys to apply for any judicial vacancy for consideration without regard to race, ethnicity or gender.

If you require an accommodation and/or have special needs because of a qualified disability, have questions, or need additional information, please contact Sarah Bradley or Libby Sykes at the Administrative Office of the Courts at (615) 741-2687.

This the 30th day of September, 2008.


450 Students from 16 Nashville Schools Participating in Supreme Court Program

Students from 16 Davidson County public and private schools will hear oral arguments in three state Supreme Court cases Thursday, Oct. 2, as participants in a program designed to educate young Tennesseans about the judicial system.

The 450 high school students and their teachers will attend a special Tennessee Supreme Court session in the gymnasium at Davidson County Drug Court IV, 1406 County Hospital Road. Each of three groups of students will hear arguments in one actual case beginning at 8:45 a.m. followed by a question and answer session with the attorneys for both sides in the cases.

Click here to view the complete article.


AOC's Leslie Kinkead Honored by CASA

Advocate of the Year Leslie Barret Kinkead, (left) Coordinator of the Court Improvement Program of the Administrative Office of the Courts, and Executive Director Cheryl Hultman of the Tennessee CASA Association, share a moment after Hultman presented the award in Nashville.

Leslie Barrett Kinkead (left), Court Improvement Program (CIP) coordinator with the Administrative Office of the Courts, has been chosen Advocate of the Year by the Tennessee CASA Association. The organization also selected Lt. Gov. Ron Ramsey as Legislator of the Year. Kinkead (left) was presented the award by Executive Director Cheryl Hultman at a ceremony in Nashville.

CASA volunteers across the state and nation are court appointed special advocates for abused and neglected children. The trained community volunteers act as officers of the court.

The CIP is funded by a federal grant and is aimed at improving juvenile court response to children who are dependent, delinquent or unruly and are at risk of being placed in foster care and those who are in foster care. The Tennessee Supreme Court received its initial Court Improvement grant in 1995.

Since 1998, Kinkead and her staff have provided educational seminars across the state for judges, attorneys, Foster Care Review Boards, court staff, CASA, Department of Children’s Services and others involved in child welfare.


Court of Appeals Judge Steve Stafford Sworn by Governor Bredesen

Judge Steven Stafford was sworn in by Governor Bredesen in Dyersburg on September 2, 2008, as Stafford's wife Tempe holds the Bible.

Gov. Phil Bredesen administered the oath of office to Tennessee Court of Appeals Judge Steven Stafford during a formal investiture ceremony in Dyersburg. Stafford's wife Tempe held the Bible as her husband took the oath of office. Stafford was appointed by the governor to succeed Judge W. Frank Crawford, who died after serving on the court for 26 years.


Judge Don Ash Reelected Presiding Judge for State Court of the Judiciary

Judge Don Ash reelected presiding judge for State Court of the Judiciary

Circuit Court Judge Don Ash of the 16th Judicial District has been elected to a second term as presiding judge of the Tennessee Court of the Judiciary. The 15-member panel receives complaints against judges and imposes sanctions for violations of the Code of Judicial Conduct.

Tennessee Supreme Court Chief Justice Janice M. Holder congratulated Ash on his reelection and thanked him for his service.

“I admire Judge Ash and other members of the Court of the Judiciary for contributing their time and expertise to provide this resource for all Tennesseans who use the judicial system,” the chief justice said. “The Court of the Judiciary provides the oversight to help ensure that all who enter our courthouses are treated fairly and with respect.”

Click here to read press release in its entirety.


New Supreme Court Chief Justice Sworn In
Janice M. Holder First Female Chief Justice in Tennessee History

Janice M. Holder being sworn in as Tennessee's Supreme Court Chief Justice.  Ms. Holder is the first woman named to the office.

Janice M. Holder was sworn in September 2 as the first ever female chief justice in Tennessee. Outgoing Chief Justice William M. Barker swore her into office as her mother, Sylvia Holder, held a Bible. Federal 6th Circuit Court of Appeals Judge Martha Craig Daughtrey delivered the keynote address during a ceremony at the Supreme Court Building in Nashville. Daughtrey was the first woman to serve on the Tennessee Supreme Court prior to her appointment to the federal bench. Barker will retire from the Supreme Court effective Sept. 15 after a quarter-century of judicial service.

Click here to read press release about Chief Justice Holder.


NOTICE OF JUDICIAL SELECTION

21st Judicial District
Circuit Court Vacancy

The Tennessee Judicial Selection Commission met August 27 in Franklin and submitted the following three names to Governor Phil Bredesen for his consideration to fill an impending Circuit Court vacancy in the 21st Judicial District.

James Patrick Catalano
Partner, Leitner, Williams, Dooley & Napolitan, PLLC
Nashville

Lela Merrall Hollabaugh
Partner, Waller, Lansden, Dortch, & Davis, LLP
Franklin, Tennessee

James Glasgow Martin, III
Stites & Harbison
Nashville, Tennessee


The Tennessee Court System provides this site as a public service, offering convenient public access to court reports, court information, and employment opportunities in the court system, as well as Tennessee Appellate Court opinions. Information posted on this site is believed to be accurate, but is not guaranteed.


ADA  Court Accessibility Info

ADA Court Accessibility Information


Today's Opinions


Public Calendar

Listing of public meetings and comment deadlines. Click on the listing for more information.

Meetings

October 8
Law Committee of the Court Improvement Program

October 23
TN Municipal Judges' Conference Education Committee

TN Municipal Judges' Conference Board of Governors

Small Star  Small Star  Small Star  

Proposed Rules of Court

October 10
Hamilton County Local Rule - Family Law Mediation


Criminal Justice Handbook Now Available

Click here for information on the book/CD-ROM prices, available discounts and shipping costs.

Click here to go directly to the Order Form.


Judicial Application Information


Court of the Judiciary

The Court of the Judiciary was created by the legislature to investigate and, when warranted, act on complaints against judges. Members are appointed by multiple appointing authorities, including the Supreme Court. The appellate court clerk serves as clerk to the Court of the Judiciary.


Project Edison News and Updates.

In October 2008, all of state government will implement a new human resources system. Click here for information about Project Edison, instructions for the employee tutorials, and how it will change how you access your personal and benefits information.


REVISED MEDICAL MALPRACTICE PROCEDURES
REQUIRE COMPLETION OF NEW FORMS

Legislative changes to Tennessee’s medical malpractice laws take effect on October 1, 2008. Among these changes is a requirement that plaintiffs in a medical malpractice case complete and file a “Certificate of Good Faith” with the court no later than 90 days after a case is commenced. Additionally, defendants are required to file a similar certification if comparative fault is asserted as a defense to the action. Both of these forms have been developed by the AOC in collaboration with the Tennessee Association for Justice and the Tennessee Medical Association, and are available here on our Trial Court Forms page.

In addition, the Tennessee Bar Journal’s September edition features an overview and analysis of the substantive and procedural legislative changes applicable to medical malpractice actions. By permission of the TBA, the article can be accessed here here on the TBA website (this link will open a new browser window).

The Summer 2008 edition of The Tennessee Trial Lawyer also contains an article titled “New Tennessee Medical Malpractice Laws” by Nashville attorney Randall L. Kinnard. By permission of the Tennessee Association for Justice (formerly the Tennessee Trial Lawyers Association), that article can be accessed here:


AOC JURY SUMMONS FORM

Pursuant to Public Chapter 1159, jury coordinators must include certain information in the jury summons for each juror who serves on or after January 1, 2009. The legislation also required the Administrative Office of the Courts to develop a form, which you can find here. Jury coordinators are not required to use the AOC's form, but each summons must include the information the legislature set out in Tennessee Code Annotated section 22-2-306, as it appears in Public Chapter 1159. Jury coordinators or judges who have questions should contact Deputy General Counsel Karen Yacuzzo at Karen.Yacuzzo@tncourts.gov or (615) 741-2687, ext. 160.


PROPOSED AMENDMENTS TO TENNESSEE RULES OF PROCEDURE AND EVIDENCE

The Tennessee Supreme Court hereby solicits written comments on the proposed amendments to the Tennessee Rules of Appellate, Civil, Criminal and Juvenile Procedure and the Tennessee Rules of Evidence from the bench, the bar, and the public. The deadline for submitting written comments is Wednesday, November 26, 2008. Written comments should be addressed to:

Mike Catalano, Clerk
Tennessee Appellate Courts
100 Supreme Court Building
401 7th Avenue North
Nashville, TN 37219-1407

Click here to see the Order and Appendix A.


RULE 49, RULES OF THE SUPREME COURT OF TENNESSEE

As Amended July 1, 2008

ORDER

As amended, the rule provides for continuity of operations of the Tennessee appellate and trial courts in the event a disaster.

Click here to see the order and new text of Rule 49.


RULE 21, SECTION 3.01
RULES OF THE TENNESSEE SUPREME COURT

ORDER Filed: June 27, 2008

The Tennessee Bar Association petitioned the Supreme Court of Tennessee to amend Rule 21 Section 3.01 by changing the mandatory continuing legal education deadline from December 31 to June 30.

Click on the links to see the following:
Proposed Order with Amendment A (PDF)
Petition to Change Dates for CLE Compliance (PDF)
TBA Memo in Support of Petition (PDF)
Exhibit A to TBA Petition - Proposed Rule 21 Redline (PDF)
Rule 21 Comments (PDF)


Clarification Regarding Protective Order Fee Changes

As many court clerks and judges know, the legislature made a significant change to TCA Section 36-3-617 during the last legislative session. The new version prohibits the taxing of costs or filing fees to any person who petitions the court for an Order of Protection. This is because the bill that was passed states that "no PETITIONER shall be required" to pay these costs (click here to view the Tennessee House of Representatives discussion of the intent of this bill). The bill became effective on May 28, 2008.


AMENDMENTS TO THE TENNESSEE RULES
OF CIVIL PROCEDURE

Filed: June 20, 2008

Click here to see Order and proposed rules.


SUPREME COURT RULE 13 AMENDMENT ADOPTED

An amendment to Supreme Court Rule 13 has been adopted allowing attorneys to assign the processing and submission of attorney reimbursement claim forms to the AOC by a third-party billing agent. Links are provided below for the order and the new assignment form.

Order
Uniform Assignment of Payment Form


The Tennessee Chapter of Children's Advocacy Centers
5th Annual
Connecting for Children's Justice Conference

November 24 & 25, 2008
Nashville, Tennessee

Click here for more information.


Annual Report of the Tennessee Judiciary
2006-2007
A CD version of the annual report, including the statistical section, also is available from the Administrative Office of the Courts.


Criminal Sentencing Statistics Reports

Pursuant to TCA §40-35-210(6)(b), the Administrative Office of the Courts is to provide statistical information as to sentencing practices for similar offenses in Tennessee.  The provided statistics are meant as an advisory guideline in sentencing.  The addition of advisory guidelines was established in the Criminal Sentencing Reform Act of 2005, which was brought about following the U.S. Supreme Court ruling in Blakely v. Washington, 124 S.Ct. 2531 (2004). 

These reports may be reached by choosing Information, Criminal Sentencing Statistics from the menu on the left.


Tennessee Supreme Court Law Library Open to the Public

In addition to serving as a resource for judges and lawyers, the Tennessee Supreme Court Libraries in Nashville, Knoxville and Jackson also are open to the public. The three law libraries have a total of about 125,000 volumes and, in Nashville, some material is available on CD. Also in Nashville, the library has computer terminals for patrons to use.

Hours of operation are from 8 a.m. to 4:30 p.m. local time Monday through Friday. Material cannot be checked out and can only be used in the libraries.

Addresses and other information about the libraries can be found here.


AOC Software Training Class Schedule

New Classes being offered


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