Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
Tennessee legislators are considering proposals for trumping local school boards who resist the formation of charter schools in their districts. The proposals come in response to Metro’s repeated resistance to approve Great Hearts Academies, House Speaker Beth Harwell told the Tennessean. Harwell said it is likely there will be two versions of bills involving charter authorization drafted during the next legislative session, one allowing charter operators to apply directly to a panel created solely to review and grant charters instead of the Tennessee Board of Education.
Federal Judge Robert Bork died early Wednesday in Arlington, Va., from complications from heart disease at the age of 85, the Washington Post reports. Known as a conservative icon, Bork was famously known for firing Watergate special prosecutor Archibald Cox during the “Saturday Night Massacre” of 1973, and whose failed nomination to the U.S. Supreme Court in 1987 sparked an enduring political schism.
Health care law expert Scott Noonan of Bass Berry & Sims has resigned in order to assume the role of vice president and operations counsel at HCA on Jan. 7, the Nashville Post reports. Noonan replaces Steve Clifton who occupied the chief legal position for more than 18 years.
Waller Lansden Dortch & Davis in Nashville recently announced the appointment of five new attorneys from diverse practice backgrounds as partners. They are R. Steven Conner, John “Jeb” E.B. Gerth, Justin F. McNaughton, John Park, and Keith E. Thompson. The Nashville Post has the story.
The Tennessean and a coalition of the state’s newspapers, television stations and other media organizations filed a lawsuit Wednesday in Davidson County Chancery Court against the Department of Children’s Services (DCS), alleging the agency is violating the law by refusing to make public the records of children who died after being brought to the agency for attention. According to Waller Lansden Dortch & Davis attorney Robb Harvey, who represents the Tennessean, this is the largest coalition of Tennessee media organizations in terms of number, geographic scope, readership and viewership ever to file a public records lawsuit.
Republican Speaker Beth Harwell today announced a proposal to overhaul and restructure the House committee system in order to streamline the process and save money, she says. State House members would be limited to introducing 10 bills per legislative session and could no longer be able to vote on legislation for colleagues away from their seats. Additionally, the Judiciary Committee would be split into civil and criminal justice panels, and the State and Local Government Committee split into one panel dealing with state legislation and the other regarding local laws. The proposal faces review by the House Rules Committee.
In the aftermath of the horrific mass shooting at Sandy Hook Elementary in Newtown, Conn., last Friday, President Barack Obama is pressing for “concrete proposals” to curb gun violence, the Chattanooga Free Press reports. Obama asked Vice-President Joe Biden, a longtime gun control advocate, to lead the group that will include members of Obama’s administration and outside groups. The president said once he receives recommendations from the group, he will push legislation “without delay.”
TheTennessee Supreme Courtupheld the conviction of a man known as the “Wooded Rapist” in a unanimous opinion authored by Chief Justice Gary R. Wade. The opinion maintains that the state can prosecute an unknown suspect by issuing a John Doe warrant that identifies them by gender and/or unique DNA profile if that criminal prosecution is properly and timely commenced within the statute of limitations.
The Tennessee Alliance for Legal Services has hired Tim Hughes to staff a new toll-free legal information and referral line that will be active in mid-January. Hughes formerly worked in private practice and at Memphis Area Legal Services. The new service will allow Tennessee residents to call 24-hours a day, seven days a week to request assistance finding resources to deal with civil legal issues.
Due to an editing error, the complete list of 2012 Tennessee Bar Foundation fellows was not included in Tuesday's TBAToday. What follows is the complete class, which will be inducted during the annual Fellows’ Dinner Jan. 18 in Nashville. This year’s class is made up of Roy L. Aaron, C. Dale Allen, Adrienne L. Anderson, Kyle C. Atkins, John T. Bobo, Jacqueline E. Bolton, Edward T. Brading, George H. Brown Jr., Douglas M. Campbell Sr., Angelita Blackshear Dalton, David R. Esquivel, Randall J. Fishman, Patrick A. Flynn, Stephen D. Goodwin, W. Stanworth Harris, William L. Jenkins, Jon E. Jones, W. Morris Kizer, Linda R. Koon, Patricia Head Moskal, Roger A. Page, Ernest A. Petroff, Timothy A. Priest, J. Michael Sharp, Daniel L. Smith, J. Mark Stewart, Shea Sisk Wellford, John Everett Williams, Marianna Williams and Joseph A. Woodruff.
If you missed TBA ethics guru Brian Faughnan at this year's TBA Ethics Roadshow, you can turn back the pages on your Mayan calendar and learn from his “end of the world” hypotheticals in the online video version of the program. Learn more or sign up now.
The Tennessee Supreme Court today filed orders proposing amendments to a number of court rules. All of the amended rules become effective July 1, 2013, pending approval by resolutions of the General Assembly. Download each of the orders for proposed amendments here:
Clarence W. “Pete” Phillips Jr., a Tennessee state legislator representing Lincoln County for 30 years, died last week in Shelbyville. The son of Bedford County Judge Clarence Waters Phillips, he earned a law degree from Vanderbilt University Law School and went on to serve as president of the Shelbyville-Bedford County Bar Association. In the legislature, he served as chairman of the House Calendar and Rules Committee and the Commerce Committee’s Utilities and Banking Subcommittee. Among his many accomplishments were the expansion of the Murfreesboro Highway from Shelbyville to Rutherford County, securing funding for the Tennessee Fire Service and Codes Enforcement Academy and the creation of the Shelbyville-Tullahoma Bypass. Funeral services were held Saturday. The Elk Valley Times has more on his life.
Lincoln Memorial University has announced the appointment of Randy Mathews as director of admissions at the John J. Duncan School of Law. Mathews joins the school after an 18-year career with BARBRI, the law school and bar exam preparation company. At BARBRI, Mathews served as state director and then as vice president for academic affairs. He earned his law degree from the Cumberland School of Law and holds a Master of Business Administration from the University of Alabama at Birmingham. Knox.news has more
An agreement to overhaul Shelby County Juvenile Court, expected to cost $4.5 million to $6.5 million, was finalized Monday between court and county officials and the U.S. Department of Justice, The Commercial Appeal reports. The plan, officially announced today, addresses problems such as the disparate treatment of black youths, the high number of youth transferred to adult court, and due process rights violations. If the county doesn't carry out the reforms, federal officials have said they likely would file suit to force changes. While many Memphis officials applauded the plan, members of the Shelby County Commission were surprised by the deal saying they were not asked to weigh in on the agreement. The commission chair reportedly has asked the county attorney for a legal opinion as to whether the mayor has authority to make the agreement without commission approval.
This year’s Tennessee Bar Foundation Fellows’ Dinner will feature the video premiere of 10 interviews with distinguished Tennessee attorneys conducted as part of the Legal Traditions program. This year, guests at the dinner will see interviews with Justice William M. Barker, William L. (Dick) Barry, W.J. Michael Cody, Judge Herschel P. Franks, Harris A. Gilbert, Judge Thomas A. Higgins, the Hon. William L. Jenkins, Judge Gilbert S. Merritt, Arvin H. Reingold and Justice Penny J. White. The dinner will take place in Nashville on Jan. 18 and is by invitation only.
All professional privilege tax returns filed on or after Jan. 1, 2013, must be filed electronically. The Tennessee Department of Revenue says returns can be filed by individuals, or by companies who file and pay for multiple individuals. For a step-by-step guide to electronically filing an individual return visit the department's website. Companies filing and paying for multiple individuals can get details here. The department will not mail a Professional Privilege Tax Return for the $400 tax due June 1, 2013. Questions should be directed to the Electronic Commerce Unit at (866) 368-6374 for in-state calls or (615) 253-0704 for Nashville or out-of-state calls. Download the notice
The Tennessee Bar Foundation will induct its Class of 2012 Fellows during the annual Fellows’ Dinner Jan. 18 in Nashville. This year’s class is made up of Roy L. Aaron, C. Dale Allen, Adrienne L. Anderson, Kyle C. Atkins, John T. Bobo, Jacqueline E. Bolton, Edward T. Brading, George H. Brown Jr., Douglas M. Campbell Sr., Angelita Blackshear Dalton, David R. Esquivel, Randall J. Fishman, Patrick A. Flynn, Stephen D. Goodwin, W. Stanworth Harris, William L. Jenkins, Jon E. Jones, W. Morris Kizer, Linda R. Koon, Patricia Head Moskal, Roger A. Page, Ernest A. Petroff, Timothy A. Priest, J.
The Judicial Nominating Commission is now accepting applications for a vacancy in the 1st Judicial District Criminal Court, which serves Carter, Johnson, Unicoi and Washington counties. The position is open because of the retirement of Judge Lynn W. Brown, who will leave office on March 31. Interested applicants must be licensed attorneys at least 30 years of age, residents of the state for five years, and residents of the judicial district for at least one year. Applicants must complete an application and submit it to the Administrative Office of the Courts by noon Central time Jan. 11. Learn more and get application information
The Memphis Chapter of the Federal Bar Association chose Eric Hudson with Butler, Snow, O’Mara, Stevens & Cannada as its new president during its annual meeting last week. Hudson will take over leadership from J. Gregory Grisham with Jackson Lewis, who will serve as immediate past president. Others officers elected were Vice President Mary Hale Morris with Burch, Porter & Johnson; Treasurer Earl W. Houston II with Martin, Tate, Morrow & Marston; and Secretary Kevin Ritz with the U.S. Attorney’s Office. Also elected were Craig A. Cowart, president-elect; Justin M. Ross, national delegate; Tom Gould, federal court liaison; and at-large board members Bryce Ashby, Adam Cohen, Frank L. Day Jr., Brandon Gibson, Colleen D. Hitch, Michael M. McLaren, Ben J. Scott (YLD Chair) and Judge Tu M. Pham. Download a roster of leaders
