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NEWS & INFORMATION
Justices OK felon blood samples
In the first
ruling of its kind in Tennessee, the state Supreme Court has upheld
the constitutionality of a law authorizing felons’ blood to
be drawn, analyzed and stored in a database. In a unanimous opinion
drafted by Justice Cornelia A. Clark, the high court stated,
“We hold that the taking of a blood sample from a convicted
and incarcerated felon pursuant to Tennessee’s DNA collection
statute is a search, but that it does not violate the U.S.
Constitution when it is reasonable under the totality of the
circumstances.”
Download the decision, State of Tennessee v. Bruce Warren Scarborough,
at http://www.tba2.org/tbatoday/news/2006/scarborough082806.pdf
TBA says keep courses in Rule 31 program
The Tennessee
Bar Association has commented on changes in the court-annexed
dispute resolution program, which had been proposed by the
Alternative Dispute Resolution Commission earlier this year. The
comments support clarification of the rule to restrict neutrals
from presiding over procedures other than mediation and to require
that general dispute resolution directives be accomplished by local
rules rather than standing orders of reference. The TBA opposes a
change removing the requirement that Rule 31 family law mediators
must take courses in family law every two years to continue to be
listed. Read the rule at http://www.tba2.org/tbatoday/news/2006/rule31comment_082106.pdf
Tipton elected presiding judge
The 12-member
Tennessee Court of Criminal Appeals elected Judge Joseph M. Tipton
of Knoxville as its presiding judge. As presiding judge, Tipton
will be responsible for setting court dockets, including
determining who will serve on the court’s three-member
panels, where they will sit and when.
Tipton will preside over court meetings,
serve on various court-related commissions and committees and
assign other members of the court to serve.
Tipton, 59, succeeds Justice Gary R. Wade as
presiding judge. Wade was recently appointed to the Tennessee
Supreme Court.
The new presiding judge was appointed to the
Court of Criminal Appeals in 1990. He was elected in 1992 and was
reelected to eight-year terms in 1998 and 2006. He is a graduate of
the University of Tennessee and the University of Tennessee College
of Law, where he was Order of the Coif and later served as an
adjunct professor.
New Zealand firm offers naps, flex time
Nashville firms hit six figures for starting
lawyers
Nashville’s
largest law firms have cracked the six-figure barrier on the amount
they’ll pay new associates, the Nashville Business Journal
reported recently. The city’s four largest firms —
Waller Lansden Dortch & Davis, Bass Berry & Sims, Boult
Cummings Conners & Berry and Baker Donelson Bearman Caldwell
& Berkowitz — all have increased their starting salaries
by $15,000 to $100,000 the paper reports. Figures are based on
reports by the National Association for Legal Career Professionals
and interviews with firm members.
And not to be outdone ...
A law firm that encourages its workers to
take naps has won New Zealand’s top award for helping
employees balance work and personal lives. The Auckland firm of
Meredith Connell was awarded the honor for offering employees
flexible work hours to take care of personal commitments. The firm
credits the scheme with cutting its professional staff turnover by
five percent in the past year, reports the Associated Press.
Coalition forms to support Mediation Day
The Tennessee Bar Association joined with 15
other organizations in the state recently to announce the formation
of the Tennessee Coalition for Mediation Awareness and to applaud
Gov. Phil Bredesen for designating Oct. 19 as “Mediation
Day” in the state. The coalition, spearheaded by Margaret
Huff, chair of the TBA’s Dispute Resolution Section, was
created to educate the public and the legal profession on the
benefits of mediation and other forms of conflict resolution.
Find out more at http://www.tba2.org/tbatoday/news/2006/mediationpress_091206.pdf
Rein in incursions on attorney-client privilege, ABA prez tells Senate committee
American Bar
Association President Karen J. Mathis this week urged the Senate
Judiciary Committee “to send a strong message to the
Department of Justice that the attorney-client privilege and the
work product doctrine are fundamental principles of our legal
system that must be protected.” Mathis told committee members
that Justice Department directives to federal prosecutors are
“improperly undermining those fundamental rights,” in
testimony at a hearing on “The Thompson Memorandum’s
Effect on the Right to Counsel in Corporate
Investigations.”
Read the full report from the ABA at
http://www.abanet.org/media/releases/news091206.html
Knoxville lawyer honors suffrage
The Tennessee Woman's Suffrage Memorial, a
life-size bronze statue of three leaders of the movement, was
unveiled in Knoxville last month. “This is to honor what they
did,” Wanda Sobieski, a Knoxville lawyer who led fund-raising
efforts for the memorial, told the Knoxville
News Sentinel. The campaign to erect
the statue took a decade, and about $100,000 was raised privately
for the public work of art.
Read more about it at
http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_4948756,00.html
Ethics Commission hires new executive director
The Tennessee Ethics Commission has named
Bruce Androphy, general counsel of the New York State Ethics
Commission, as its new executive director. Ethics Commission chair
Tom Garland said, “Mr. Androphy brings a wealth of talent as
well as practical experience in the area of ethics to
Tennessee’s Ethics Commission. We are very fortunate to have
an individual of his abilities to provide leadership during this
critical start-up phase of the Commission’s
operations.”
Tennessee Bar Journal
Oct. 2006 - Vol. 42, No. 10
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© 2006 Tennessee Bar Association
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