Attorneys are not automatically exempt, but may be eligible to claim one of the exemptions enumerated in Tennessee Supreme Court Rule 21, Section 2. Other than the age exemption, exemptions must be claimed annually after the December 31 close of each compliance year by filing an online Annual Report Statement (ARS). Failure to timely file an ARS may result in financial penalties or suspension of an attorney’s law license.
The Commission recognizes the following exemptions:
“(a) Nonresident attorneys from other jurisdictions who are temporarily admitted to practice for a case or proceeding shall not be subject to [Rule 21];
(b) Members of the Armed Forces on active duty shall not be subject to [Rule 21]. Any attorney claiming active duty military exemption shall provide to the Commission a copy of his/her military orders in order to qualify for exemption. An attorney who leaves active duty military service prior to September 1st of the compliance year shall not be entitled to the military exemption for that year. This exemption shall be claimed by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(c) An attorney shall not be subject to the requirements of [Rule 21] after age seventy (70), upon claiming application of the exemption. This exemption shall not include the calendar year in which the attorney becomes seventy (70) years of age. However, any attorney who reached age sixty-five (65) on or before December 31, 2014, shall also be eligible for exemption from the requirements of [Rule 21] pursuant to the age-related exemption granted by the version of Rule 21 in effect on December 31, 2014 upon filing an application with the Commission. This exemption shall be claimed by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(d) An attorney who is licensed to practice law in Tennessee but who resided outside of the State and did not practice Tennessee law during the compliance year may request an annual exemption from [Rule 21]. This exemption shall be requested annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(e) Full time Tennessee law school professors who did not engage in the practice of law during the compliance year shall not be subject to [Rule 21].
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(f) An attorney holding an elective office in the Executive or Legislative branches of government and who is prohibited by law from practicing law or who certifies that s/he has not practiced law during the compliance year is exempt while holding such office.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission.
(g) All Justices, Judges, and Magistrate Judges of the federal system shall not be subject to the requirements of [Rule 21] in view of their required comparable continuing legal education programs.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission.”
Tenn. Sup. Ct. R. 21 § 2.03.
