In May 2021, the General Assembly passed and the Governor signed an act to create special three-judge panels for cases that meet specific criteria. The law required the Tennessee Supreme Court to promulgate rules governing the practice and procedure of those panels. In June 2021, the Tennessee Supreme Court amended the Rules of the Supreme Court of Tennessee to add new Rule 54, Interim Rule for Special Three-Judge Panels, effective July 1, 2021.
Under the law, the Supreme Court will select two trial court judges to sit with the judge to whom the case was originally assigned. There will be one judge from each of Tennessee’s three grand divisions and the Supreme Court will designate a chief judge for the case. On the panel, a majority vote rules. The venue for the case is the county where the plaintiff resides and is Sumner County if the plaintiff is not a Tennessee resident.
Key Documents
Legislation creating the three-judge panels - Tennessee Code Annotated, Title 20, effective July 1, 2021
Tennessee Supreme Court Interim Rule 54
Criteria & Procedure For Cases
The law states the following:
"(a) A civil action in which the complaint meets each of the following criteria must be heard and determined by a three-judge panel pursuant to this chapter:
(1) Challenges the constitutionality of:
(A) A state statute, including a statute that apportions or redistricts state legislative or congressional districts;
(B) An executive order; or
(C)An administrative rule or regulation;
(2) Includes a claim for declaratory judgment or injunctive relief; and
(3) Is brought against the state, a state department or agency, or a state official acting in their official capacity."
Section 1 of Rule 54, Interim Rule for Special Three-Judge Panels, basically adopts the language of T. C .A. Section 20-18-101(a); however, it does add that this rule applies to amended complaints, counter-claims, and third-party complaints as well as complaints.
Tennessee Supreme Court Rule 54 details the initial procedure that must be followed, including notice and service requirements. The presiding judge in the judicial district where the notice is filed makes the initial determination as to whether the case meets the criteria for a three-judge panel. Within 10 days of receiving notice, the presiding judge will notify the Supreme Court of the filing and the initial determination. The Supreme Court makes the final determination as to whether the case qualifies for a three-judge panel.
Appeals for a case heard by a three-judge panel will be heard by the Court of Appeals, except for redistricting challenges, which will go directly to the Supreme Court.
Active Cases
Case Name |
Court Filed In |
Case Number |
Panel |
|---|---|---|---|
| Woods v. Rausch | Davidson | 21-0018-11 | Chancellor Martin |
| -As applied EPF challenge to sex offender registry | Judge Steelman | ||
| Judge Carter | |||
| Status: | |||
| Important dates: | |||
| Orders: | Order here | Order here | Order here |
| Links: | Davidson County Clerk & Master | ||
Case name |
Court Filed In |
Case Number |
Panel |
| Shelby County Board of Education v Lee | 15-1048-111 | Judge Ash | |
| -Constitutional challenge to BEP | Judge Stevens | ||
| Chancellor Cole | |||
| Status: Stayed until Aug. 31, 2023 | |||
| Important Dates: | |||
| Orders: | Order here | Order here | Order here |
| Links: | |||
Case Name |
Court Filed In |
Case Number |
Panel |
| Curd v. State ex rel. TBI | 20-3727-2 | Chancellor Armstrong | |
| -As-applied EPF challenge to sex offender registry | Judge Olita | ||
| Judge Carter | |||
| Status: Panel held in abeyance 7/14/22 | |||
| Important Dates: | |||
| Orders: | Order here | Order here | |
| Links: |