Board of Professional Responsibility of the Supreme Court of Tennessee

order-amends-tn-supreme-court-rules-9-and-33.pdf (2024)

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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

12/20/2024

IN RE: AMENDMENTS TO RULES 9 AND 33,
RULES OF THE TENNESSEE SUPREME COURT
________________________________
No. ADM2024-01525
________________________________
ORDER
On October 4, 2024, this Court published for public comment proposed amendments
to Tennessee Supreme Court Rules 9 and 33 to increase from $170 to $270 the annual
registration fee and to adjust the allocation of funds generated by the annual registration
fee as follows: $225 to the Board of Professional Responsibility (“BPR”), $30 to the
Tennessee Lawyer Assistance Program (“TLAP”), and $15 to the Tennessee Lawyers Fund
for Client Protection (“TLFCP”).
The public comment period expired on November 8, 2024. The Court appreciates
the fourteen public comments that were filed, including twelve by individual lawyers, one
by the Knoxville Bar Association (“KBA”), and one joint comment by the BPR and
TLFCP. Ten lawyers opposed the proposed amendments. The KBA declined to take a
position, citing insufficient information. Two lawyers, the BPR, and TLFCP supported
the proposed amendments.
Upon consideration of the public comments, as well as Court’s internal review of
the sufficiency of the amount and allocations of the annual registration fee, we conclude
the proposed amendments should be adopted. Tennessee’s annual registration fee is one
of the lowest in the country. It has remained unchanged since 2009. The proposed
increase is appropriate as a necessary adjustment for fifteen years of inflation. The
proposed increased annual registration fee of $270 is reasonable and well below the
national average of $432. Furthermore, the increased allocations are appropriate. Only
two jurisdictions have client protection assessments lower than Tennessee’s current $10
fee. TLFCP needs additional funds to fulfill its mission. For several years TLFCP has
annually paid claims that significantly exceed its average funding from the registration fee.
Increasing TLAP’s allocation also is appropriate to aid those impacted by substance use
disorders. Finally, the $400 privilege tax lawyers must annually pay does not militate
against increasing the annual registration fee. The General Assembly, not this Court,

levies the privilege tax. The revenue the privilege tax generates is not earmarked to fund
operations of the Judicial Branch or this Court’s boards and commissions. This Court
does not control how privilege tax revenues are utilized.
Accordingly, the Court concludes that the proposed amendments should be adopted
and hereby amends Rules 9 and 33 of the Rules of the Supreme Court of Tennessee as set
forth in the attached Appendix. These amendments shall take effect March 1, 2025.
The Clerk shall provide a copy of this Order and Appendix to Lexis Nexis and to
Thomson Reuters. In addition, this Order and Appendix shall be posted on the Tennessee
Supreme Court’s website.
It is so ORDERED.
PER CURIAM

APPENDIX
No. ADM2024-01525
[New text is indicated by bold and underlining/Deleted text is indicated by strikeout]
Tenn. Sup. Ct. R. 9, Section 10.2(c) is amended as follows:
The annual fee for each attorney shall be One Two Hundred Seventy Dollars
($170) ($270), consisting of a One Hundred Forty Dollar $140 Two
Hundred Twenty-Five Dollar ($225) Board of Professional Responsibility
annual registration fee, a Fifteen Dollar ($15) Ten Dollar ($10) annual fee
due under Tenn. Sup. Ct. R. 25, Section 2.01(a) (Tennessee Lawyers’ Fund
for Client Protection), and a Thirty Dollar ($30) Twenty Dollar ($20) annual
fee due under Tenn. Sup. Ct. R. 33.01C (Tennessee Lawyer Assistance
Program), and shall be payable on or before the first day of the attorney’s
birth month, and a like sum each year thereafter until otherwise ordered by
the Court. If an attorney chooses to pay or submit annual registration by
mail, rather than online, that attorney shall pay an additional $5 for
processing.
Tenn. Sup. Ct. R. 33.01(C)(1) is hereby amended as follows:
The Board of Professional Responsibility shall annually collect annually and
deposit with the State Treasurer a fee in the amount set by the Court in
Rule 9, Section 10.2(c) a twenty dollar ($20.00) annual fee from every
attorney, except those exempt under Rule 9, Section 10.3 20.2, for the
purpose of funding the program established under the this rule.
(End of Appendix)

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