Supreme Court of Tennessee
Administrative Office of the Courts
Internet: www.tncourts.gov
Elizabeth Sykes, Director
Tim Townsend, Deputy Director
For Information, contact Laura Click, (615) 532-6047
Nashville, Tenn. – The Administrative Office of the Courts is now accepting applications for the new Judicial Nominating Commission, which will review and recommend applicants for vacancies on the appellate and state trial courts for the governor’s consideration. The Judicial Nominating Commission will replace the Judicial Selection Commission, which will cease to exist on June 30, 2009.
The newly formed commission will be composed of 17 members. The speakers of the house and senate will each appoint eight members – two people from each of the state’s three grand divisions and two at-large members. One non-lawyer member will be appointed jointly. At least 10 members of the commission must be attorneys.
Members of this newly formed commission must be at least 30-years-old and a citizen of the state for at least five years. Additionally, members of the Judicial Nominating Commission cannot be office holders with political parties or political organizations, lobbyists or employees of lobbyists, or salaried office holders of the state of Tennessee or the United States, which includes judges, legislators or any individual who has been appointed or elected in a manner prescribed by law.
“The Judicial Nominating Commission will play an important role in ensuring that Tennessee has qualified and fair-minded people serving on the state’s judiciary,” said Lt. Gov. Ron Ramsey. “We encourage anyone who is interested in participating in the judicial nominating process to submit their application.”
"The Judicial Nominating Commission plays an essential role in helping ensure that Tennessee has a fair, qualified, diverse and impartial judiciary," said House Speaker Kent Williams. "It is important that the make-up of the Commission also reflects those same qualities. I hope we get substantial interest across the state from individuals seeking to serve on this important commission."
Anyone who wishes to be considered for the Judicial Nominating Commission must complete an application, which can be found here. All applications must be received by the Administrative Office of the Courts by Friday, July 31 at 4:30 p.m. central standard time.
Once applications have been received by the Administrative Office of the Courts, information about each applicant will be posted online at www.tncourts.gov. The public will have the opportunity to comment on the applicants for the commission for a period of 14 days. Once public comments have been received, the speaker of the house and senate will have 14 days to appoint members to the Judicial Nominating Commission.
Nashville, Tenn. – An additional $5 million has been added to the state’s indigent defense fund to pay remaining claims for the 2008-2009 fiscal year. The supplemental funding comes as part of the $29.4 billion budget signed by Governor Bredesen Thursday. The $5 million in supplemental funding will go toward paying attorneys’ fees and expert witnesses for indigent claims that have not yet been paid for 2008-2009 fiscal year. Attorneys will begin receiving checks next week.
During the 2009-2010 fiscal year, the indigent defense fund will receive $21.4 million, along with $5 million in non-recurring funds.
“The indigent defense fund is fundamental to the administration of justice in Tennessee and we thank the governor and general assembly for including the supplemental funding in the budget plan,” said Libby Sykes, director of the Administrative Office of the Courts. “We also thank attorneys statewide for their patience during the past several weeks, and commend them for continuing to represent Tennesseans that cannot afford legal representation.”
(6/25/2009)
The Administrative Office of the Courts (AOC) awarded nearly $220,000 in grants from the Parent Education and Mediation Fund (PEMF) to organizations that provide court-related assistance to low-income parties. The 16 organizations that received funding for the 2009-2010 fiscal year provide services such as mediation and interpreter services for low-income parties, courses to improve dispute resolution skills among families, and offering a safe atmosphere for children when exchanged between parents.
The PEMF is funded through a portion of marriage license fees. The grant money is then awarded as part of Public Chapter 889, known as the Tennessee Parenting Plan Law, which was enacted by the Tennessee General Assembly enacted the law in 2000. In developing this legislation, the general assembly “recognize[d] the fundamental importance of the parent-child relationship to the welfare of the child, and the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests.” (T.C.A. §36-6-401.) The legislation also provided for funding to be distributed by the administrative office of the courts “for the specific purpose of funding the parenting plan requirements pursuant to this part, through the divorcing parent education and mediation fund, which funding includes the costs of court-ordered mediation, parenting education programs and any related services to resolve family conflict in divorce, post-divorce, and other child custody matters.” (T.C.A. §36-6-413.)
The following organizations received a grant from the Parent Education and Mediation Fund:
For more information on the PEMF fund, please contact Anne-Louise Wirthlin, AOC Programs Manager, at 615-741-2687 or at anne.louise.wirthlin@tncourts.gov.
Trial and appellate judges from across the state gathered in Memphis, Tenn., for their annual judicial conference. The conference featured more than 11 hours of Continuing Legal Education (CLE) seminars with topics ranging from the legal implications of electronic medical records to internet crimes against children. A joint CLE regarding appellate advocacy was also held with members of the Tennessee Bar Association.
During the conference, Chancellor Carol McCoy of the 20th judicial district was elected as the Tennessee Judicial Conference president. Chancellor McCoy replaces outgoing Conference President Bill Acree, circuit court judge of the 27th judicial district. Chancellor McCoy is the first female president of Tennessee Judicial Conference.
(6/15/2009)
NASHVILLE - Governor Phil Bredesen today appointed Amy V. Hollars of Livingston, Tenn., to the Tennessee Circuit Court for the Thirteenth Judicial District. Hollars will fill a vacancy created by the retirement of Judge John A. Turnbull. The Thirteenth Judicial District is composed of Clay, Cumberland, DeKalb, Overton, Pickett, Putnam and White Counties.
"Amy Hollars has developed extensive civil trial experience in her career, and I'm confident her skills, education and practice experience will serve her well in this capacity," said Bredesen. "I am pleased to appoint Amy to this seat, and I appreciate her willingness to serve the citizens of the Thirteenth Judicial District."
Hollars previously served as a solo practitioner in Overton County as well as attorney for the City of Livingston from October 2007 through October 2008. She is a former partner in the Knoxville firm Hodges, Doughty and Carson.
"I'm honored to receive this appointment and appreciate the confidence Governor Bredesen has shown in me," Hollars said. "I look forward to working with the litigants, attorneys and the public at large, and I will endeavor to do the work of a trial judge with integrity, fairness and diligence."
Hollars was appointed as special circuit court judge for the Thirteenth Judicial District by Governor Bredesen in October 2008 after Judge Turnbull submitted a notice of physical disability. Tennessee law provides a process for the appointment of a special temporary judge in the event sickness or disability prevents a state judge from carrying out his or her duties.
Hollars, 42, holds degrees from the University of the South and Vanderbilt University and received her Doctor of Jurisprudence from the University of Tennessee College of Law. She previously served on the Board of Directors of the Legal Aid Society of Middle Tennessee and the Cumberlands. She and her husband James Hollars have three children.
(06/11/2009)
In a formal investiture ceremony on June 5, David E. Durham was sworn in by Gov. Phil Bredesen as the criminal court judge for the 15th judicial district, which is comprised of Jackson, Macon, Smith, Trousdale and Wilson counties. Durham was appointed to fill the vacancy created by the death of Judge J.O. Bond in December.
Prior to his appointment as criminal court judge, Durham served the 15th judicial district as deputy district attorney general since 2006. He also served as assistant district attorney general for both the child support and criminal divisions. Durham is a graduate of the University of Tennessee School of Law.
(06/08/2009)
On June 4, Tennessee Supreme Court Justice Sharon Lee addressed more than 80 women at the East Tennessee Regional Economic Summit for Women. The event, which was held at Maryville College, was geared to help women learn about reaching their financial goals for their businesses and personal lives.
Justice Lee, the keynote speaker for the event, shared the story of her journey to becoming a judge. In relating her story, Justice Lee encouraged the women to “start their own engines” and to keep working hard to achieve their goals.
“Even though I have been successful in my career, I have had some disappointments and some failures,” said Justice Lee. “But I kept trying to start my engine, and I had lots of help from friends and family who gave me a push and a boost.”
To read more about Justice Lee’s speech, please click here to read the Knoxville News Sentinel’s coverage of the event.
(06/05/2009)
Chief Justice Holder congratulates AOC Indigent Defense Manager and
Nashville School of Law graduate, Jeana Hendrix.
During the recent graduation season, Chief Justice Janice Holder and Justice Gary Wade addressed hundreds of Tennessee students during their commencement addresses.
On May 23, Chief Justice Holder addressed the graduates of Nashville School of Law. In her speech, Chief Justice Holder applauded the students for their determination and commitment to complete law school while working full time.
“You will be on the front line of the legal system in Tennessee and will make a bigger difference in the lives of Tennesseans because, having worked hard for your education, you know how to work hard to accomplish your goals and those of your clients,” said Chief Justice Holder. “Your contributions as lawyers can and will be significant.”
Chief Justice Holder also commented on the newly formed Access to Justice Commission and encouraged the graduates to participant in pro bono work and free legal clinics.
“This profession gives lawyers the opportunity to do good things for the right reasons,” said Chief Justice Holder. “As you continue to juggle the demands on your time, please take advantage of the opportunities to do good things that this profession provides.”
Justice Gary Wade spoke to nearly 300 students at the Lincoln Memorial University graduation on May 2. During his commencement address, Justice Wade encouraged the students to look beyond vocation as the measure of success. Instead, he challenged them to focus on nourishing their spiritual well-being by lending a hand, cherishing friends and family and comforting those in need.
“The teachings here are primarily for the head. To give unselfishly to others or to support a worthy cause is for the heart,” said Justice Gary Wade. “We make a living by what we get, but we make a life by what we give.”
During the ceremony, Justice Wade also received an honorary degree from the university. The event was featured in the Middlesboro Daily News. To read the article, click here.
(05/29/2009)
Justice Lee congratulates to the Girls State representatives who were elected to the 2009 Girls State Supreme Court. Pictured from left to right are: Dylan Thomas, Caroline Sessoms, Carly Rolfe, Justice Lee, Allison Bruff and Claire Glassford.
Tennessee Supreme Court Justice Sharon Lee spoke to hundreds of high school juniors at both the 2009 Boys State and Girls State programs.
On May 27, she addressed more than 600 students at Tennessee Boys State, which was held at Tennessee Tech University in Cookeville. During her remarks, she shared the stories of three World War II prisoners of war, who each have children who are now Tennessee judges. Her stories include that of Justice Lee’s father, Charles Lee, who was a member of the Army Air Corp and flew a B-17 bomber.
“Today as we face adversity of a much lesser scale, there is a great lesson there for us,” said Justice Lee. “Each day is a gift. We should face each day with optimism and hope and a determination to succeed.”
In her speech to the 540 Girls State participants on May 29, Justice Lee reflected on her experience as a Girls State participant in 1970 and also shared the story about how she became a judge. In telling this story, she conveyed the importance of diligence and hard work.
“To succeed you always have to take some chances,” said Justice Lee. “When you take chances, sometimes you fail. But you have to keep trying.”
(05/27/2009)
On May 27, 2009, the Tennessee Supreme Court brought the SCALES program to Tennessee Boys State for the seventh consecutive year. SCALES, which stands for Supreme Court Advancing Legal Education for Students, is a Tennessee Supreme Court initiative designed to educate high school students about the judicial branch of government.
The SCALES program brings together the judiciary, the bar, and educators to promote a better understanding of the judicial branch of government and the central role of the courts in our society. As part of the SCALES program, students get the unique opportunity to hear the oral arguments for an actual Supreme Court case.
Created in 1995 by then-Chief Justice Riley Anderson, the SCALES program has given more than 20,000 Tennessee students from 400 high schools the ability to see the judicial branch in action.
“It is our hope that this experience fosters a sense of the importance of the rule of law and an awareness of the responsibility of all citizens to understand the judicial process,” said Chief Justice Janice Holder.
The Supreme Court heard two cases as part of the SCALES program at Boys State. The first case, State of Tennessee v. Maron Donta Brown, involved the search and seizure of a sealed package in the defendant’s car. The second case, State of Tennessee v. Jerry Lee Hanning explored whether the warrantless detention and questioning of the defendant violated the Fourth Amendment.
More than 600 high school juniors attended this year’s Tennessee Boys State, which was held at Tennessee Tech University in Cookeville, Tenn. Tennessee Boys State is overseen by 13th Judicial District Judge John J. Maddux Jr.
(05/21/2009)
Tennessee Supreme Court Justice Cornelia Clark spoke to the graduates of the 21st Judicial District Drug Court on May 21. The 21st Judicial District Drug Court, which covers Williamson, Hickman, Perry and Lewis Counties, helps non-violent drug offenders recover from substance abuse.
Graduates of the Drug Court have completed an intensive two-year program, which includes daily one-on-one and group counseling, visits to 12-step program meetings and treatment sessions three times a week, weekly check-ins with the Drug Court, and regular drug testing.
Participants in Drug Court still have to complete their full sentence, however, some Drug Court graduates may be granted a shortened sentence or have their charges dropped.
In congratulating the seven graduates of the program, Justice Clark noted that Drug Court has helped the participants recover from the frown of failure to achieve the smile of success.
“Part of your story inevitably reflects failure. Part of mine does, too. All of us have failed at something we have tried in life,” said Justice Clark. “But if we are wise we see that failure should be our teacher, not our undertaker.”
Justice Clark went on to emphasize the importance of smiling.
“A smile costs nothing but gives much. It enriches those who receive without making poorer those who give it away,” said Justice Clark. “A smile takes but a moment, but the memory of it sometimes lasts forever.”
Nashville, Tenn. - The Tennessee Supreme Court has upheld the death sentence of Marlon Duane Kiser for the first degree premeditated murder of Hamilton County Deputy Sheriff Donald Bond. Kiser shot Deputy Bond several times with a high-powered assault rifle when Bond interrupted Kiser’s arson attempt of a Chattanooga fruit stand on September 6, 2001.
In a unanimous opinion authored by Justice Cornelia A. Clark, the Court reiterated that a criminal defendant facing the death penalty may waive his or her right to present mitigating evidence so long as the record establishes that the waiver is intelligent, knowing, and voluntary.
During the sentencing phase of his capital trial, Kiser, against the advice of his counsel, waived his right to present mitigating evidence. However, on appeal, he claimed the process for determining the validity of his waiver violated his constitutional rights. He contended that the trial court failed to make adequate inquiry into his competence to waive this right. The Court held that, in the absence of a request, and without adequate proof of a defendant’s incompetence at the time, a trial judge is not required to conduct a competency hearing before allowing a defendant to waive his right to present mitigating evidence.
The defense counsel also argued that the defendant should not be permitted to decide how he wants his sentencing hearing to be conducted. The Court determined, however, that the procedural requirements of State v. Zagorski were still valid and had been met in this case.
"Defendant gave significant thought to his alternatives," Clark wrote. "Defense counsel may disagree with their client…Nevertheless, this court will not deprive a defendant, capital or otherwise, of his or her critical choices with respect to his or her trial."
Kiser also asserted that the prosecution rejected potential jurors based on race. The prosecution exercised nine of its nineteen challenges on minorities.
"The trial court noted that four of the jurors selected to serve were African American, and two of them ‘were the very first ones placed in the jury box,’" Clark wrote.
The jury selected to hear the case ultimately included six minorities. Clark held that the prosecution dismissed jurors based on their personal beliefs about the death penalty, not based on race. Thus, no violation was found.
The Court also rejected all of the other issues raised in Kiser’s automatic appeal. The Court held that the sentence was not imposed arbitrarily, nor was the sentence excessive or
disproportionate. The Court also reaffirmed the constitutionality of Tennessee’s current lethal injection protocol. The Court set Kiser’s execution date at May 19, 2010.
(05/04/2009)
NASHVILLE - The Administrative Office of the Courts is pleased to announce the addition of Laura Click as public information officer for the Tennessee Court System. Click comes to the AOC from the Department of Finance and Administration where she served as the communications director for Project Edison.
“Laura’s understanding of state government coupled with her public relations and marketing background make her an excellent fit for the role of PIO,” said Libby Sykes, director of the AOC. “We are thrilled to add her to our team and believe that she will be an excellent resource to the Tennessee Court System.”
Click brings more than seven years of public relations and marketing experience to the court system. Prior to joining state government two years ago, Click served as the marketing director for a Chicago area non-profit organization. She also worked as account executive at Lovell Communications, a Nashville-based public relations firm. Click graduated from the University of Missouri with a Bachelor of Journalism.
As public information officer, Click will work directly with media regarding court opinions and other announcements. She will also lead the redesign of the AOC Web site and assist with other communications needs.
If you have any questions or require media assistance, Laura can be reached at laura.click@tncourts.gov or at 615-532-6047.
Judge John A. Turnbull has announced his resignation, effective June 15, 2009, as Circuit Court Judge in the 13th Judicial District (Clay, Cumberland, Dekalb, Overton, Pickett, Putnam, and White counties). Judge Turnbull was first appointed to the bench in August of 1989. He received his legal education at the University of Tennessee College of Law. Prior to his appointment, he practiced law in Livingston for 22 years. Judge Turnbull served on the Tennessee Trial Lawyers Association Board of Governors for approximately 14 years and was president of TTLA from 1984 -1985.
On October 15, 2008, Judge Turnbull submitted a notice to Governor Phil Bredesen of physical disability. Pursuant to Tenn. Code. Ann. §17-2-116(a)(1), Governor Bredesen appointed Special Judge Amy Hollars to fill Turnbull’s seat while on disability status.
Judge Turnbull’s resignation creates a vacancy which will be filled by the governor after receiving a list of nominees from the Tennessee Judicial Selection Commission (JSC). The JSC will soon meet to evaluate applicants to fill this vacancy. The meeting will occur in the 13th Judicial District. The deadline to submit an application is April 22, 2009. For more information, please visit the Tennessee Court System’s website at (http://www.tncourts.gov).
Lorrie K. Ridder To Fill Vacancy In The 30th Judicial District
NASHVILLE - Governor Phil Bredesen today appointed Lorrie Ridder of Memphis, Tenn., to the Tennessee Circuit Court for the 30th Judicial District, Division IV. Ridder will fill a vacancy created by the death of Judge Rita Stotts in January. The 30th Judicial District serves Shelby County.
"Lorrie Ridder has served in many roles these past 25 years; litigator, law professor, teacher and community volunteer," said Bredesen. "She has litigated hundreds of cases in four southern states, and I am confident that she will run a fair and efficient courtroom. I am pleased to appoint Lorrie to this seat and appreciate her willingness to serve in this position. I also want to take this opportunity to honor Judge Rita Stotts and acknowledge her many years of service to the state in this position. She will be deeply missed."
Prior to her appointment, Ridder was in private practice at the Memphis law firm now known as Luckett Pinstein Ridder, PC, since December 1995, serving as a shareholder from 1997 to present. After graduating from James Madison University in 1977, Ridder earned a doctor of jurisprudence from Wake Forest University. She subsequently served in various teaching positions from 1985 to 1991 including Assistant Professor of Law & Assistant Dean for Academic Programs and Director of the Tennessee Pre-Professional Program in Law at the University of Memphis, Cecil C. Humphreys School of Law.
"I want to thank Governor Bredesen for this honor," said Ridder. "I have now reached a point in my career where I have met my professional goals and seek new challenges. I am committed to raising the bar in expectations of the judiciary by serving as an example of diligence and hard work in this position. As I approach this new role, I will seek to be a positive force for professionalism, integrity, and civility."
Ridder, 51, is a member of the Tennessee Bar Association, the Federal Bar Association, the American Bar Association and the Association of Women Attorneys. Ridder received the University of Tennessee and the University of Memphis awards for outstanding contribution to the Tennessee Pre-Professional Programs in Law, Dentistry, Medicine, Pharmacy and Veterinary Medicine. Throughout her career, she has volunteered with many organizations such as the National Kidney Foundation of West Tennessee, the YMCA, Family Services and Madonna Circle. Ridder is married and has two children.
(04/03/2009)
The Tennessee Supreme Court today announced the creation of a new statewide Access to Justice Commission to help address the growing civil legal needs crisis in Tennessee. The ten-member Commission is chaired by Margaret Behm, a Nashville lawyer with Dodson Parker Behm & Caparella, PC who has been a leader in the legal community in Tennessee. She is joined by Dean Douglas A. Blaze of the University of Tennessee College of Law; Kathryn Reed Edge of the law firm of Miller & Martin PLLC; Francis S. Guess, executive vice-president of The Danner Company; George T. "Buck" Lewis of the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; A. Gregory Ramos of the law firm of North, Pursell, Ramos & Jameson, PLC; D. Billye Sanders of the law firm of Waller Lansden Dortch & Davis LLP; Maura Abeln Smith, senior vice-president and corporate secretary of International Paper; Dr. Frank Anthony Thomas, Senior Servant of the Mississippi Boulevard Christian Church in Memphis; and Bill Young of Blue Cross Blue Shield of Tennessee.
“I’m honored that the Court selected me to head this very important Commission, and I look forward to working with these talented Commissioners,” said Margaret Behm.
The Court created the Commission through the adoption of a new Supreme Court Rule 50, which outlines the structure of the Commission and the responsibilities to be undertaken by it to improve access to justice in Tennessee. The Commission has been charged by the Court to develop strategies and solutions to help meet the legal needs crisis; to foster continued collaboration among the judiciary, access to justice organizations, bar associations, and legal professionals; and to work to educate and focus the attention of the public and policymakers on this civil legal needs crisis so that all Tennesseans will be fully vested in solving this problem. The Commission will begin its work in April.
Chief Justice Janice Holder expressed confidence in the Commission and its members, stating, "I am confident that this very distinguished Commission will build on our efforts to date and will collaborate with other individuals and organizations to provide greater access to civil legal services to Tennesseans who are most in need."
Attachments:
Tennessee Supreme Court Rule 50 (PDF)
Biographical Information for ATJ Commissioners (PDF)
Video of Justice Holder's April 3, 2009 Remarks
Transcript of Chief Justice Holder's Remarks (PDF)
Transcript of Remarks of Access To Justice Commission Chair Margaret Behm (PDF)
Media Contact:
Rebecca Rhodes
Administrative Office of the Courts
(615) 741-2687 x164
(800) 448-7970 x164
Rebecca.Rhodes@tncourts.gov
On Friday, April 3, 2009, the Tennessee Supreme Court will adopt three amendments to the rules governing the practice of law that will encourage more lawyers to volunteer to provide pro bono legal services to Tennesseans who need legal assistance but cannot afford it. These new rules are in response to the requests by the Tennessee Bar Association in 2008 to make it easier for lawyers to help deserving persons who need legal assistance with civil matters.
These three rule changes will:
(1) encourage but not require lawyers to provide 50 pro bono hours of work each year;
(2) enable lawyers to provide limited scope legal assistance to persons without formally becoming their attorney-of-record, and
(3) enable lawyers to earn one (1) hour of continuing legal education credit for every five (5) hours of pro bono services they provide.
In addition to these rules, the Court has amended, and the Legislature has approved the rules governing class action settlements that will permit the unclaimed class action funds to be paid to the Tennessee Voluntary Fund for Indigent Civil Representation, which will provide additional funding for legal service providers across the state. This amendment will take effect on July 1, 2009.
Copies of these amended rules are included by link below.
For further information, contact
General Counsel David Haines at David.Haines@tncourts.gov
or (615) 741-2687.