NASHVILLE (Legal Newsline) - A Tennessee Advisory Commission consisting of judges and lawyers who recommend rules for the state’s courts held its first-ever public meeting this week after a federal judge required it.
Middle District of Tennesee Judge Eli Richardson issued a preliminary injunction on behalf of Dan McCaleb, executive editor of The Center Square, who sued to gain access to the Advisory Commission on the Rules of Practice and Procedure quarterly meetings.
The Advisory Commission recommends changes to state court rules to the Tennessee Supreme Court, which may then submit them to the Tennessee General Assembly for approval.
McCaleb is represented by Liberty Justice Center.
“Tennessee citizens will now get to observe how Court rules are made and better understand why this case is so important to protecting our Constitutional rights,” said Buck Dougherty, senior counsel for the Liberty Justice Center.
McCaleb's legal team successfully argued that the formerly closed quarterly meetings were required to be open to the public under the First Amendment, and Judge Richardson agreed.
At the start of the June 9 quarterly meeting, which was live-streamed on YouTube, the panel discussed a proposed revision to the Tennessee Rule of Appellate Procedure 4A regarding parental rights and the timely filing of a notice of appeal.
“There’s a concern that perhaps folks aren't getting appropriate representation and appellate deadlines are being missed and perhaps that can result in a technicality that disallows consideration of what might be in the best interest of a child,” said Nashville attorney Tim Nichols.
Under Tennessee law, the appointment of counsel is required in parental rights cases, however there is no requirement for the legal representation to be effective.
In response, the advisory commission was considering implementing a waiver provision allowing the appellate court to determine the timeliness of appeal in parental termination cases.
“We did get some pushback from the Court of Appeals about amending the rule because they felt like administratively this would put another burden on them where they would have to decide and determine the issue of what would be an appropriate circumstance for a waiver,” Nichols said.
The proposed amendment to Rule 4A was tabled to the ire of Nashville attorney Alex Little who argued that Appellate Rules of Procedure 59 and 60 do not accept attorney error as grounds for refreshing or renewing a judgment for appeal.
“If you lose your kids permanently, hire an attorney to file an appeal and they don't do it, there has got to be a way to fix that,” he said. “One of the things I didn't hear at all was any discussion about how the public and how generally the people involved in this process would perceive a rule that is so definitive. So, I'm disappointed it's tabled. I hope we turn back to it another day.”