Special Three-Judge Panels

News and Updates 

Three-Judge Panel Hearings:

Metro v. Lee, et al. Case No. 23-1311-III

Hearing on Metro’s Motion for Temporary Injunction and Metro’s Motion for an Expedited Hearing was held on November 29, 2023, at 9:30 A.M. Central Time at the Nashville Metropolitan Courthouse, 1 Public Square, Suite 407, Nashville, Tennessee 37201

Three-Judge Panel Live Streaming Link for Case No.23-1311-III:

https://youtu.be/3CqMm1cf2wA 

Moses v. Goins, et al., Shelby County Circuit Court No. CT-1579-19

Hearing on the Motions to Quash was held on Wednesday, March 6, 2024, at 10:00 A.M. Central Standard Time via YouTube lives stream. 

Three-Judge Panel Live Streaming Link for Case No. CT-1579-19:

https://youtube.com/live/JLAfl1kmSDE?feature=share

Metro. Gov't v. Lee, Davidson County Chancery Court, Case No. 23-0778-II

Summary judgment motions were heard in person on Friday, October 6, 2023, at 1:00 p.m. in the Jury Assembly Room on the ground floor of the Metro Historic Courthouse, One Public Square, Nashville, Tennessee, 37201.

Three-Judge Panel Live Streaming Link for Case No. 23-0778-II:

https://youtube.com/live/3v21j-GuTec?feature=share 

Blackmon v. State et al., Davidson County Chancery Court, Case No. 23-11-96-I

Hearing on the Defendants' Motion to Dismiss and the Plaintiffs' Motion for Temporary Injunction were heard in person on Thursday, April 4th, 2024, at 9:00 a.m. CST and will continue, if necessary, to Friday, April 5th, 2024, in the Jury Assembly Room on the ground floor of the Metro Historic Courthouse, One Public Square, Nashville, Tennessee, 37201.

Three-Judge Panel Live Streaming Link for Case No. 23-11-96-I:

https://www.youtube.com/live/R2cKDodEkE8?si=dOXYZ4Iy92ZQyHz9

Metro Gov’t v. Bill Lee, et al., Davidson County Chancery Court No. 23-0336-I

The hearing on Cross-Motions for Summary Judgment was held on Tuesday, May 20, 2024, at 9:00 a.m. CST, via YouTube live stream.

Three-Judge Panel Live Streaming Link for Case No. 23-0336-I

https://youtube.com/live/afkcrnXQ22Y?feature=share

 


 

Special Three-Judge Panels

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, 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 fifteen (15) 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 or apportionment plan, which will go directly to the Supreme Court. 


CASES BEFORE SPECIAL THREE-JUDGE PANELS

Case Name Case Number County Status
Metropolitan Government of Nashville and Davidson County v. Bill Lee, et al. 23-0778-II Davidson Closed
Islamic Center of Nashville v. State of Tennessee, et al 21-0182-IV Davidson Closed
Jeremy Babb v. Bill Lee, et al. 23-1600-I Davidson Active
Metropolitan Government of Nashville and Davidson County v. Bill Lee, et al. 23-1311-III Davidson Active
Hillside Winery, Inc. v. Commissioner of Revenue 21-0071-III Davidson Closed
Leah Gilliam v. David Gerregano, et al. 21-0606-III Davidson Heard by the Tennessee Supreme Court in Memphis on 4/3/2024. Panel held in abeyance.
Kimberly Jones-Mbuyi, et al. v. Jill Fictheard, et al. 23-1585-I Davidson Active-Appeal filed from Order Granting the State of Tennessee’s Motion to Intervene 6/21/24; panel held in abeyance.
Ralph Thomas Reach, M.D. v. Tenn. Bd. of Med. Exm’rs 23-1137-III Davidson Active- Answer filed 6/6/2024. Discovery ongoing.
Nicole Blackmon, et al. v. State of Tennessee, et al. 23-1196-I Davidson Active -Hearing on Defendants’ Motion to Dismiss and Plaintiffs’ Motion for Temporary Injunction held 4/4/2024.
Thomas West v. Tenn. Comm’r of Revenue 23-0776-III Davidson Active Hearing on cross-motions for summary judgment scheduled for 9/20/2024
Tenn. Educ. Ass’n, et al. v. Bill Lee, et al. 23-0784-II Davidson Case dismissed without prejudice 8/7/2023.
Heidi Basgall, et al. v. Bill Lee, et al. 23-0866-I Davidson Case dismissed without prejudice 11/21/2023.
Metro. Gov’t of Nashville & Davidson Cnty. v. Bill Lee, et al. and Colby Slegde, et al. v. Bill Lee, et al. 23-0670-I and 23-0712-IV(I) Davidson Plaintiffs’ Motions for Summary Judgment granted 9/21/2023; no appeal filed. Case closed.
Metropolitan Government of Nashville & Davidson County v. Bill Lee, et al. and Colby Sledge, et al. v. Bill Lee, et al. 23-0670-I & 23-0172-IV(I) Davidson Closed
Smith v. Gerregano 20-0640-I Davidson Closed
Rutan-Ram, et al. v. Tenn. Dep’t of Children’s Servs., et al 22-0080-III Davidson Closed
Islamic Center of Nashville v. State of Tennessee, et al 21-0182-IV Davidson Closed
Pamela Moses v. Mark Goins, et al. No. CT-1579-19 Shelby Active
Hughes, et al. v. Bill Lee, et al. 24475 Gibson Active
Metro Gov't v. Bill Lee, et al. 23-0336-I and 23-0395-III(I) Davidson Active
Shelby Cnty. Bd. of Educ., et al. v. Lee, et al. 5-1048-III Davidson Stayed per December 10, 2021 Order
Curd v. State ex rel. TBI, et al. 20-3727-2 Knox Active
Woods v. Rausch, et al. 21-0018-II Davidson Active
Little v. Lee, et al. 21-0843-II Davidson Defendant’s Motion for Summary Judgment granted 11/22/23; Plaintiff’s Motion to Alter or Amend denied 12/21/23; no appeal filed. Case closed.
Metropolitan Government of Nashville and Davidson County v. Bill Lee, et al. 23-0778-II Davidson Closed
Hillside Winery, Inc. v. Commissioner of Revenue 21-0071-III Davidson Closed
McEwen, et al. v. Lee, et al. 20-0242-II Davidson Active