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.
The National Association of Bar Executives (NABE) has announced that TBA Executive Director Allan Ramsaur has been chosen as the delegate to the ABA House of Delegates to represent NABE. Ramsaur, who succeeds Bill Weisenberg of Ohio, will assume the office following the conclusion of the ABA Annual Meeting in San Francisco in August.
During a daylong conference hosted by the American Bar Association’s Task Force on the Future of Education this week, law professors, practitioners, judges and bar association leaders struggled for agreement about what is driving the rising cost of legal education, and how schools and regulations should responds to the declining job prospects for new lawyers and flagging interest in law degrees. According to the National Law Journal, the task force hopes to release preliminary recommendations during the late summer or early fall, with a final report to follow in mid-November, said former Indiana Supreme Court Chief Justice Randall Shepard, its chairman. Members already have heard from several hundred people in public hearings and through written comments, he said.
If you are new to commercial real estate, “Real Estate Essentials: A Primer in Commercial Real Estate for Tennessee Lawyers” will provide you with the basics you need to know. Attendees will start the May 9 program with an overview of the current commercial real estate market in Tennessee. Speakers will address areas of growth, concerns, trends, and surprise issues. Topics include a summary of the commercial real estate law and specific issues with commercial landlord and tenant law.
In a scathing editorial, the Knoxville News Sentinel's editorial board blasts lawmakers for failing to renew the Judicial Nominating Commission, which will cease to exist on July 1. According to Tennessee Bar Association Executive Director Allan Ramsaur, there will be no constitutional way to replace a judge or justice who resigns, retires or dies in office after that date. The editorial states that an independent judiciary is vital to the freedom and well being of the state, and accuses legislators of failing to do the state’s business at a basic civic-minded level.
Tennessee will receive approximately $40 million to distribute to charitable purposes after reaching a settlement agreement with National Health Investors (NHI) and National Healthcare Corporation (NHC), the Nashville Business Journal reports. In 2007, the receiver for nonprofit organizations SeniorTrust and ElderTrust filed suit against NHI and NHC for selling financially troubled nursing homes to nonprofits at prices significantly above fair value. “We believe this settlement is in the best interest of the public and upholds the appropriate use of Tennessee charities,” said Attorney General Bob Cooper. “The Court will ultimately determine how these funds can be used for charitable purposes, and the Office of the Attorney General will seek and welcome public input in that process.”
A new bill to require ignition interlocks for first time offenders and lower the intoxication rate awaits Gov. Bill Haslam’s signature, WATE reports. The ignition interlock device requires drivers to blow into the device and if there is no alcohol present then they will be able to start the vehicle. The new law also requires a camera attachment to ensure the person taking the test is the person driving. According to state lawmakers, the bill could result in up to 10,000 more drivers with this safe guard on their vehicle. Since 2011, there have been 7,670 ignition interlocks ordered, although the number is only about a quarter of the number of people convicted of DUIs.
Former U.S. Attorney General Ramsey Clark testified Tuesday that ongoing production of nuclear weapons at the Y-12 National Security Complex in Oak Ridge could be considered unlawful because it violates some tenets of the Nuclear Nonproliferation Treaty aimed at eliminating weapons. Clark testified on behalf of the three protestors, known as the Transform Now Plowshares, who are facing multiple felony counts for breaking into Y-12 in July, cutting through security fences and defacing the exterior of the plant’s storage center for bomb-grade uranium. The trial is set to begin May 7, Knoxnews reports.
In the ongoing debate on voter IDs regulations, a new amendment approved by state legislators will now prevent IDs issued by other states from being used to vote. In a statement, Secretary of State Tre Hargett said, “This change mirrors similar laws in other states, including Indiana. Indiana’s photo ID law has been upheld by the United States Supreme Court.” WREG also notes that the Tennessee Supreme Court has said that Memphis public library photo ID cards can be accepted until it makes a final ruling on an appeal.
Nine Hendersonville High School students and two students from the Paralegal Education program at Volunteer State Community College participated in the Sumner County Bar Association’s seminar, A Re-Examination of the Mary Surratt Trial. The students viewed the film “The Conspirator” and listened to a panel discussion on the constitutional rights that Surratt was denied during her trial. The panel was moderated by Judge Tom E. Gray and included Judge Dee David Gay, attorneys James E. Mackler, David Raybin and Justice Penny White. The Tennessean has the story.
Bar associations and legal organizations across the state are gearing up for this year’s Law Day with events and activities that involve opportunities for public service, awards for attorneys and members of the community, and lots of food and fun. The state’s four largest cities – Chattanooga, Knoxville, Memphis and Nashville -- have luncheons planned on May 1, while other groups have already held events. Young lawyer groups with each of these bar associations also sponsored activities providing public and legal services to their communities. The TBA will announce the winners of its YouTube Video Contest and the winners of the statewide Law Day Art & Essay Competition on May 1 as well. See the line-up of events happening across the state
Nashville lawyer Mary Beth Haltom has been elected ABA YLD District 16 Representative by the ABA affiliates in Tennessee.* She will take office at the ABA Annual Meeting in August and serve from 2013 to 2015, representing both Tennessee and Kentucky on the ABA YLD Council. Haltom already is involved in the ABA as a Tennessee delegate to the YLD Assembly and a volunteer with the Tort Trial and Insurance Practice Section (TIPS). She graduated from the TIPS Trial Academy in 2010 and currently serves on the academy faculty.
American Bar Association YLD – The group will hold its next meeting – the Spring Conference -- in Minneapolis May 16-18. The conference will present several programs, including Social Media Discovery – “Like” It or Not, What Attorneys Need to Do; and Improv for Lawyers: Using Your Inner Actor to Achieve Success in the Courtroom and Boardroom. The meeting also will include the annual International Oratory Competition. Based on the Association du Jeune Barreau de Montréal/Young Bar Association of Montreal’s (YBAM) English Oratory Competition, the ABA YLD’s Competition aims to showcase the oratory skills of each contestant and to provide a valuable networking opportunity for lawyers from all over the world. Humor and satire are strongly encouraged! Finally, those in attendance will present this year's public service project, The American Voter, to area students.
The following Wills for Heroes events have been scheduled across the state. Please contact the event organizer for more details or to volunteer. To get involved in the Wills for Heroes Committee or to request a clinic in your area, please contact committee chair Bradley Carter at bcarter@runyonandrunyon.com. Learn more about the Wills for Heroes program.
Maryville, May 17
Contact: Ashley Morris Bentley, ashley@legaltennessee.com, (865) 927-8389
Location: Blount County Justice Center, Jury Pool Room, 940 East Lamar Alexander Pkwy
Knoxville, May 18
Contact: Ian Hennessey, ihennessey@latlaw.com, (865) 637-0203
Location: Knoxville Police Department, 800 Howard Baker Jr. Ave.
Computer Donations
The Wills for Heroes program is in need of new or used laptops or printers. If you or your firm is interested in making a tax-deductible donation please contact Wills for Heroes Committee Chair Brad Carter at bcarter@runyonandrunyon.com.
Plan now to be a part of the largest annual gathering of the Tennessee legal community when the TBA gathers June 12-15 in Nashville for the 132nd Annual TBA Convention. Held in conjunction with the Tennessee Judicial Conference, Tennessee Association for Justice, Tennessee Lawyers Association for Women, Tennessee Alliance for Black Lawyers and Stonewall Bar Association, the event will feature dynamic speakers, compelling CLE programs and a whole lot of fun. A special bonus program this year will be Better Next Year, a cornucopia of ideas, resources, projects and people to help you thrive in your personal and professional life.
Entertainment at this year’s meeting will center around an evening at the world-renowned Country Music Hall of Fame followed by an “after party” at the iconic Robert’s Western World in the Lower Broad entertainment district.
The YLD Annual Meeting and Elections will take place Friday, June 14, at 4:30 p.m. Later that night, young lawyers will join the current Leadership Law class for the traditional dance party at the Hard Rock Café.
The Sheraton Nashville Downtown Hotel is the 2013 Convention headquarters. You can book a room there at the discounted TBA rate of $155 by calling 800-447-9825. Please book by May 19.
Bar associations and young lawyer groups across the state are gearing up for this year’s Law Day with events that began this week and run through the first week of May.
Chattanooga – The Chattanooga Bar Association will hold its annual Law Day Luncheon on May 1 with a keynote address by U.S. Sen. Lamar Alexander. The event, scheduled to begin at noon, will be held at the Chattanooga Convention Center, Ballroom H-I. Sponsors include BB&T and the Hamilton County Herald.
Greeneville -- The Northeast Tennessee Chapter of the Federal Bar Association will hold a Law Day Luncheon and Celebration on May 2 at the General Morgan Inn in Greeneville. The event will feature remarks by Judge J. Ronnie Greer, U.S. District Court for the Eastern District of Tennessee and a keynote address by Rita Sanders Geier -- a senior fellow at the Baker Center for Public Policy, civil rights pioneer and namesake of the Geier Consent Decree of 2001. The event, which will run from 11:30 a.m. to 1:30 p.m., will conclude with an award presentation for area students who participated in the Law Day Essay and You Tube Video contests.
Knoxville – The Knoxville Bar Association is hosting its annual Law Day Luncheon May 3 from 11:30 a.m. to 1:30 p.m. This year’s theme is “A Passion for Serving the Community.” The event will be held at the Foundry on the Fair Site and feature remarks by Tennessee Supreme Court Justice Cornelia A. Clark and Knoxville lawyers Wynne du Mariau Caffey, Rick Carl, Sam C. Doak, Kati Goodner and Ian P. Hennessey. The Barristers will announce the student winners of its Law Day Art & Essay Contest, recognize the district’s winning high school mock trial team and present its Law & Liberty Award. The KBA will honor the Barrister's Law Week activities, which also included presenting the Junior Judges program to area third graders, holding a professional clothing drive for low-income individuals and holding a cell phone drive to provide resources to women in need.
Memphis – The Memphis Bar Association YLD kicked off Law Week activities with its annual Legal Lines on WREG-TN Channel 3 last Tuesday. During the two and a half hour show, local attorneys provided legal advice to members of the public who called the station. On Friday, the entire bar gathered for the 6th Annual Law Week Launch Party in Court Square. Members enjoyed BBQ, ice cream and music by the band WALRUS while stocking the pantry at Mid-South Food Bank with canned goods brought to the event. Today, the group hosted a naturalization ceremony at 10 a.m. at the Cannon Center. Volunteers assisted in handing out programs and American flags to new citizens. The week wraps up with a memorial service on May 1 for Memphis lawyers who passed away in the last year. That service takes place at the Calvary Episcopal Church at noon. See the line up of all Law Day events.
Nashville – The Nashville Bar Association will hold its annual Law Day Celebration May 1 at the Downtown Renaissance Hotel from noon to 1 p.m. Remarks will be delivered by U.S. Rep. Jim Cooper, who represents the Nashville area in Congress. The district’s Law Day Art & Essay Contest winners will be recognized, and awards will be presented to Andrew Shookhoff and David Raybin. Shookhoff will receive the Liberty Bell Award, which recognizes a person or group that promotes better understanding of the rule of law, encourages greater respect for the law and the courts, stimulates a sense of civic responsibility or contributes to good government. Raybin will receive the Norman Award, which is given to a criminal law practitioner or criminal court judge in the Metropolitan Nashville area. Raybin practices with Hollins Raybin & Weissman.
The YLD Board will fill several leadership positions at its Summer Meeting June 15 in Nashville. Two seats reserved for young lawyers in the TBA House of Delegates are considered vacant because no candidates filed by the election petition deadline, while two district representative positions are vacant due to special circumstances. Lawyers interested in being considered for these positions should contact YLD President David Veile at dveile@sbdlaw.net or (615) 550-2800 by May 13.
Cookeville lawyer Rachel M. Moses has been elected vice president of the TBA Young Lawyers Division (YLD) and will serve as its president in 2015-2016. She will take office in June. Moses, an attorney with the Legal Aid Society, has served for many years as YLD District 6 Representative. She also is a member of the TBA Public Education Committee and chair of its YouTube Video Contest Subcommittee. She previously was president of the Upper Cumberland Young Lawyers Association, a group she was instrumental in forming. Moses was deemed elected after the filing deadline passed and she was unopposed for the post.
Officers elected this month without opposition include Secretary Troy S. Weston with Eldridge & Blakney in Knoxville and Middle Tennessee Governor Marisa L. Combs with Lewis, King, Krieg & Waldrop in Nashville. Those reelected include Treasurer Steven W. King with Baker, Donelson, Bearman, Caldwell & Berkowitz in Memphis; East Tennessee Governor W. Paul Whitt with Lewis, King, Krieg & Waldrop in Knoxville; and West Tennessee Governor Ashley Holliday with West Tennessee Legal Services in Jackson.
District Representatives elected without opposition were:
District 1: Rachel Ralston Mancl, Hunter, Smith & Davis, Kingsport
District 3: Ian Hennessey, London & Amburn, Knoxville
District 5: Jason Demastus, Office of the District Attorney, Chattanooga
District 7: Aimee Luna, Legal Aid Society, Murfreesboro
District 9: Charles L. “Chip” Howorth, Smith Cashion & Orr, Nashville*
District 11: Shauna Billingsley, City of Franklin Law Department, Franklin
District 13: Brittani Kendrick, Pentecost & Glenn, Jackson
*A contested election previously was announced for the District 9 Representative position, however, Jonathan S. Carlton with the Harrington Law Office in Nashville withdrew from the race on April 27. Chip Howorth was deemed to be elected at that point.
Last year, the New York State court system announced its first-of-its-kind 50-hour pro bono requirement for new attorneys. Effective in 2015, every applicant must have completed 50 hours of pro bono legal work. The National Law Journal reports that leaders of the State Bar of California are now poised to adopt a similar rule this fall, while a task force of judges, legal educators and attorneys in New Jersey is weighing the merits. In Tennessee, there is no similar requirement for new lawyers or practicing lawyers; however 50 hours of pro bono per year is an aspirational goal outlined in Supreme Court Rule 6.1. Learn more about that in this issue of the Tennessee Bar Journal.
Legal Aid of East Tennessee (LAET) has launched an innovative web-based system to improve access to applicants for civil legal services. The system allows persons seeking legal assistance to be able to apply for legal aid 24-hours a day, seven days a week. “Legal Aid of East Tennessee is very aware that eligible persons facing civil legal crisis cannot always contact us during normal business hours without risking loss of wages or even employment itself,” says David R. Yoder, LAET Executive Director. “Other personal conflicts they might have, as well as LAET’s constantly busy phones, can make it extremely difficult to apply for services.” To access the new system, users should visit www.laet.org
Knox County Criminal Court Judge Steven Sword is testing a new video teleconferencing system for suspect arraignments, WBIR reports. In the past, he says it could take weeks just to get the initial hearing with the courts if a suspect is being held in a jail across the state. The new system, which cost about $10,00 in equipment, wiring, and technology upgrades, has been showing benefits, Judge Sword said. "The time that it saves is one thing. But on top of that, if you're not transporting prisoners across the state, think about all the gas money that you're saving," he added. "This is going to save, at a minimum, tens of thousands of dollars."
