New child support guidelines to start in January

The Tennessee Department of Human Services has received approval from the state attorney general and has filed new child support guidelines with the secretary of state’s office. The new guidelines are called an income shares formula, which requires that both parents’ incomes and other major expenditures, including child care costs and medical insurance premiums, be considered when calculating a child support order. Income shares rules are currently in use in 33 other states and will take effect in Tennessee on Jan. 18, 2005.

The TBA is offering continuing legal education courses throughout December to familiarize lawyers with the changes. Read more about the new guidelines and the courses at http://www.tba.org/news/child_support_11_2004.html. You’ll also find a link there to the Department of Human Services’ Income Shares Tutorial.

Rules changes affect confidentiality, how documents are handled

Court amends Rule 9 on confidentiality
The Tennessee Supreme Court has amended Rule 9 dealing with confidentiality in disciplinary cases. The changes came as a result of the court’s holding last February, which invalidated the court’s own rule prohibiting complainants from going public. The court found that state and federal First Amendment guarantees demanded that clients be permitted to voice their concerns. The new rules provide that once a formal petition for discipline has been filed by the Board of Professional Responsibility the matter becomes public.

They largely follow the recommendations of the TBA, filed in August, including a provision for protective orders, requiring written complaints and prohibiting disclosure of private discipline. The order, issued Nov. 2, can be seen at http://www.tba.org/Rules/rule9_11_2004.html

Documents will be handled uniformly, with Rule 15
Court of Appeals Rule 15 was issued Oct. 26, standardizing how records and documents filed with the court will be handled. See the new rule at http://www.tba.org/rules/coa_rule15.html.

One-stop mock trial info now on web
The Tennessee Bar Association Young Lawyers Division has made it easier for anyone interested in participating in the statewide mock trial competition to find out more. There is a new web site wth this year’s information as well as a number of general resources on mock trial and historical data about mock trial in Tennessee.

Mock Trial Committee Chair Jordan Keller wrote this year’s problem. Long Range Planning Committee Chair David Johnson spearheaded the push for a new web site.

Check it out at http://www.tba.org/mocktrial and mark your calendar for the state competition on March 18-19, 2005.

Supreme Court Justice Birch resumes full responsibilities
After a short period of recuperation, Tennessee Supreme Court Justice Adolpho A. Birch Jr., has fully resumed his judicial duties, according to the Administrative Office of the Courts.

Birch, who underwent surgery in July as well as chemotherapy and radiation treatments, said he has returned to his normal schedule of activities on and off the bench.

Deadline to qualify is Feb. 15, 2005
Put your hat in the ring for TBA office

During 2005, the following officers, governors and delegates of the Tennessee Bar Association (TBA) will be elected as set forth in the association’s bylaws:

TBA Officers and Board of Governors Officers
A vice president (from the East Tennessee Grand Division — elected by the association’s membership-at-large). The vice president automatically assumes the office of president-elect in 2006 and president in 2007.

District Governors
District Governors in the second, fifth, and eighth districts will be elected to three-year terms. They are elected by the members in their respective districts.

Those who currently hold those positions are: Jim Moore (2nd); Barbara Moss, who is ineligible for re-election because of term limits (5th); Nancy Miller-Herron (8th).

Grand Division Governors
TBA Grand Division Governors are elected for one-year terms by the membership in each grand division.

• An East Tennessee governor from the 1st, 2nd or 3rd district.
• A Middle Tennessee governor from the 4th, 5th or 6th district.
• A West Tennessee governor from the 7th, 8th or 9th district.
• Those who currently hold those positions are: Sam Elliott (E), N. Sue Van Sant Palmer (M) and Ed Stanton (W).

TBA Delegates to the ABA House of Delegates
Two members to represent the TBA in the American Bar Association (ABA) House of Delegates will be elected for two-year terms by the TBA membership in 2005. The two positions are designated positions 1 and 3. Position 3 must be held by a young lawyer (under age 35 or 3 years of practice).

Those who currently hold those positions are: Randall Noel (1) and Cynthia Richardson Wyrick (3).

Special election
TBA Delegate to the ABA House of Delegates Position 5, currently held by Paul Campbell III. The members will elect for the balance of a term ending with the ABA annual meeting in 2006.

Qualifying, balloting & elections
The officers, governors, delegates are elected by the membership as provided by election procedures with petitions due Feb. 15, 2005. Ballots will be distributed by April 1, 2005, and ballots are due back May 1, 2005.

To qualify for any of these offices, a candidate must file a nominating petition with the executive director of the TBA. The petition must contain the names of 25 members of the association in good standing. The petition must be received at the TBA headquarters on or before Feb. 15, 2005.

A ballot containing the names of all duly-qualified candidates will be distributed to members on or before April 1, 2005. To be counted, all ballots must be received at the office of the TBA auditors by the close of business, May 1, 2005. Votes will be tallied by the accounting firm selected by the Board of Governors in accordance with Section 44 of the bylaws. If there is only one duly-qualified candidate for an office by Feb. 15, 2005, that candidate will automatically be declared elected.

Questions?
This notice is in accordance with bylaws of the TBA §15 and 40 through 46. For more information on running for any of these offices, visit the TBA’s web site at http://www.tba.org/news/elexhandbook.html or call 383-7421 in Nashville or (800) 899-6993 for an election handbook.

TBA House of Delegates
Members of the TBA House of Delegates are elected in odd-numbered years. One member of the TBA House of Delegates from each Judicial District and one additional delegate from the 6th (Knox County), 11th (Hamilton County), 20th (Davidson County) and 30th (Shelby County) are to be elected in 2005. The following is a list of the current members of the House from each district (and one young lawyer delegate from each grand division) whose terms expire this year:

• Deborah Yeomans, 1st District
• Suzanne Cook, 2nd District
• Jimmie Miller, 2nd District
• Alfred Schmutzer, 4th District
• Martha Meares, 5th District
• Douglas Overbey, 6th District
• Virginia Schwamm, 6th District
• Neil McBride, 7th District
• James Romer, 8th District
• Loren Plemmons, 9th District
• Marcia McMurray, 10th District
• Randy Wilson, 11th District
• William Killian, 12th District
• M. Jane Powers, 13th District
• Vanessa Jackson, 14th District
• Jody Aulds, 15th District
• Ewing Sellers, 16th District
• Ginger Shofner, 17th District
• Bryce Ruth, 18th District
• Robert Ross, 19th District
• Gif Thornton, 20th District
• Neal McBrayer, 20th District
• David Peluso, 21st District
• Tony Edwards, 22nd District
• John Lee Williams, 23rd District
• Charlie Trotter, 24th District
• Bill Cole, 25th District
• Jim Butler, 26th District
• Max Speight, 27th District
• Jerry Flippin, 28th District
• Karen Burns, 29th District
• Jim Bland, 30th. District
• Randy Womack, 30th District
• Keith Smartt, 31st District
• Michelle Sellers, (young lawyer) West Tennessee
• David Johnson, (young lawyer) Middle Tennessee
• Tasha Blakney, (young lawyer) East Tennessee

Qualifying, Balloting & Elections
To qualify as a candidate for the TBA House of Delegates a TBA member must file a declaration of candidacy  with the executive director of the TBA on or before Feb. 15, 2005.

A ballot containing the names of all duly-qualified candidates will be distributed to members on or before April 1, 2005. To be counted, all ballots must be received at the office of the TBA auditors by the close of business, May 1, 2005. Votes will be tallied by the accounting firm selected by the Board of Governors in accordance with Section 44 of the bylaws. If there is only one duly-qualified candidate for an office by Feb. 15, 2005, that candidate will automatically be declared elected.

Questions?
This notice is in accordance with bylaws of the TBA §15 and 40 through 46. For more information on running for any of these offices, visit the TBA’s web site at www.tba.org/electbook.html or call 383-7421 in Nashville or (800) 899-6993 for an election handbook.

Board proposes bylaws changes

Two amendments to the Tennessee Bar Association bylaws will be voted on at the January 15 meeting of the Board of Governors.

The first, a change to section 19, permits the president of the three state organizations with voting seats on the TBA Board of Governors to designate a substitute to attend and vote in his or her absence. Recent experience shows that duties of the office of the president of the Judicial Conference, the Distict Attorneys General Conference and the Public Defenders’ Conference sometimes lead to conflicts, making attendance at TBA board meetings impossible.

Following is the new wording:
19. Meetings. The Board of Governors shall meet at least three times each year, at a time and place to be designated by the President. Special meetings may be called by the President or by eight members of the Board. The Board members designated by virtue of being President of the Tennessee Judicial Conference, District Attorneys General Conference and/or the District Public Defenders Conference may designate,in writing, a member of their conference to attend and vote in their absence at any meeting of the Board of Governors or a committee thereof, but only for that meeting or portion thereof.

The second bylaws amendment, to section 49, would realign the timing of the election of Position 5, the TBA Delegate to the ABA House of Delegates, to conform with the term set in the ABA constitution.  This position, currently held by Paul Campbell III, will be subject to a special election in Spring 2005. See page 7 for more information on that election.  Following is the new wording:

49. Election of TBA Delegate, ABA House of Delegates. The TBA Delegates to the ABA House of Delegates shall be elected by a vote of the membership of the TBA. The notice of election, deadline for filing nominating petitions, ballot preparation, mailing and counting of ballots, deadline for receipt of ballots and provisions for contest of elections shall be the same as provided for in sections 40 through 46 for the election of vice president of the TBA. There shall be no requirement as to the grand division from which the candidate shall be nominated or elected.

The delegate positions shall be designated by numbers. The delegate positions with terms expiring in 2005 and each subsequent two-year period, shall be designated seats one and three. The positions with terms expiring in 2006 and each subsequent two-year period, shall be designated as positions two, four, and five. The position to be held by a young lawyer delegate shall be designated position three.

Comments on the proposals may be directed to TBA Executive Director Allan F. Ramsaur. To read the complete Tennessee Bar Association bylaws, go to http://www.tba.org/bylaws.html