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.
Henderson County lawyer Bradley Glenn Kirk received a public censure from the Board of Professional Responsibility on April 18 after the board found he abandoned a client’s case and failed to return a client’s file. In 2010, a client retained Kirk to represent him in a personal injury case. After several months, the client contacted the court clerk’s office and learned that apart from filing the complaint, Kirk had taken no additional action in the case. The client attempted to contact Kirk, but his calls went unreturned. The board determined that these actions violated Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16 and 8.4. Download the BPR notice.
The Memphis Bar Association’s Annual Memorial Service will be held May 1 at noon at Calvary Episcopal Church in downtown Memphis. The church is located at 102 North Second St., Memphis 38103. This year's service will honor 24 lawyers who died in the past year. For details about the event or to write a memorial statement about any of the honorees, contact Mary Lynes at mlynes@memphisbar.org or (901) 527-3573.
Wyatt Sassman, a third-year student at Vanderbilt University Law School, has won first place in the TBA Environmental Law Section’s 2013 Jon E. Hastings Memorial Award Writing Competition. His article “Administrative Compliance Orders and Due Process after Sackett” looks at the 2012 U.S. Supreme Court decision in Sackett v. U.S. Environmental Protection Agency, which allowed an Idaho couple to challenge an EPA order requiring restoration of a wetland before the agency enforced the order with penalties. Sassman argues three points: that the court disregarded precedent and legislative history in finding for the Sacketts, that administrative orders do not violate due process rights, and that federal agencies should be free to use such orders without judicial interference. He will collect a cash award and his article will be published in an upcoming section newsletter.
Paper on Supreme Court wetlands case wins annual contest
NASHVILLE, April 23, 2013 — Wyatt Sassman, a third-year student at Vanderbilt University Law School, has been awarded first place in the Tennessee Bar Association Environmental Law Section’s 2013 Jon E. Hastings Memorial Award Writing Competition for his article “Administrative Compliance Orders and Due Process after Sackett.” He will collect a cash award of $1,200 and his article will be published in an upcoming issue of the section’s newsletter.
A petition proposing several rules changes restricting lawyer advertising was denied today in a per curiam order issued by the Tennessee Supreme Court. In taking the action, the court said, "We have determined that the continued enforcement of the existing rules is preferable to any of the changes sought by the petitioners."
The petition, which was filed last spring, would have required that lawyers have a "bona fide" office in Tennessee, prohibited actors from portraying clients, banned commenting on results and imposed requirements for pre-submission of ads to the Board of Professional Responsibility.
The petition drew comments from a wide array of organizations and individuals including the Tennessee Bar Association, Knoxville Bar Association, two law school professors from the University of Tennessee, the Tennessee Association of Broadcasters, the Federal Trade Commission and others. TBA Ethics and Professionalism Committee Chair Brian Faughnan authored the TBA comment.
A new program from the TBA's TennBarU is designed to help lawyers who want to pick up criminal cases through appointments or referrals. The "Docket Call" course will walk participants through a typical criminal docket and address the most common cases in General Sessions Court. It also will cover how to manage client expectations and communication in criminal cases. A final segment will involve a panel discussion about what to do and not do at preliminary hearings. The four-hour course will be held April 30 in Nashville.
The U.S. Supreme Court yesterday declined to review a decision approving cost-of-living increases (COLAs) for six federal judges who sued for back pay. The move lets stand an order by the U.S. Court of Appeals for the Federal Circuit that Congress pay the COLA for the six years when it had been denied. While the case does not automatically raise salaries for all judges, another group is trying to get a class-action lawsuit approved so more than 1,000 current and former federal judges can sue for lost pay. WRCB TV3 has an Associated Press story on the issue.
The U.S. Senate easily cleared a procedural hurdle yesterday to allow final consideration of a bill that requires most online retailers to collect state sales taxes. Under current law, online merchants only have to collect taxes in states where they have a physical presence. A vote on final passage is expected later this week. Observers note, however, that prospects for the bill are a bit more complicated in the House, where conservatives are likely to oppose any measure viewed as a tax increase. The Washington bureau chief for The Business Journals explores the dynamics.
A week after federal agents raided the headquarters of Pilot Flying J, company CEO Jimmy Haslam is taking steps to address charges that Pilot withheld millions of dollars in rebates from its trucking customers. Actions announced yesterday include placing several sales employees on leave, eliminating the manual rebate system that appears to be at the center of the investigation, using the company's field audit team to review all 3,300 trucking contracts, creating the new position of chief compliance officer, and tasking a nationally-recognized individual to conduct an independent investigation. Knoxnews has the latest in this developing story.
Tennessee Supreme Court Chief Justice Gary R. Wade and three other justices will be in Johnson City next month to honor pro bono volunteer attorneys at a “Dinner with the Tennessee Supreme Court” hosted by Legal Aid of East Tennessee. The event, scheduled for May 1, will take place at the Carnegie Hotel and is open to the public. Tickets are $50. Funds raised will benefit Legal Aid’s Pro Bono Project. A reception with justices Cornelia Clark, Janice Holder, Sharon Lee and Wade begins at 6:30 p.m. with dinner to follow. Guest emcee for the evening is Nate Morabito, a reporter with WJHL-TV in Johnson City. For reservations or more information call Christy Harris with Legal Aid at (423) 928-8311 or (800) 821-1312.
The Tennessee General Assembly wrapped up its 2013 session early, but not without acrimony, sending senators and representatives home without passing a number of key pieces of legislation. Political reporters from publications across the state offer their take on the session, including comments from TBA Executive Director Allan Ramsaur and others. Memphis attorney and Judicial Nominating Commissioner Barry Ward also offers his thoughts on the death of that commission. Read more or offer your thoughts on the TBA website.
Legislation to extend the life of the Judicial Nominating Commission failed to win approval Friday, falling by the wayside along with key measures on issues ranging from charter schools to judicial redistricting. With the failure of the bill to extend the Judicial Nominating Commission, the panel will cease to exist on July 1, meaning there is no way to replace a judge who resigns, dies or retires after that date, TBA Executive Director Allan Ramsaur tells Knoxnews.
The Tennessee Supreme Court disbarred Shelby County lawyer David J. Johnson on April 22, retroactive to a previous disbarment effective Nov. 25, 2011. Johnson consented to the disbarment after determining he could not defend himself against charges brought by the Board of Professional Responsibility based on his conviction for federal wire fraud. The board determined that his actions violated Rule of Professional Conduct 8.4. Download the BPR notice.
The Annual National Bar Association Lawyers vs. Bluff City Medical Society Fundraiser Basketball Game will be held Saturday at the Downtown Boys and Girls Club Gymnasium in Memphis. The game starts at 2:30 p.m. Doors open at 1 p.m. for pre-game activities, community activities and team warmups. Proceeds from the game, sponsored by the NBA’s Ben F. Jones Chapter, will support the Boys and Girls Club's summer educational programs. For more information contact Kenneth Anderson, Asia Diggs or Imad Abdullah.
John F. Sutton, former dean of the University of Texas Austin School of Law and drafter of the ABA’s Model Code of Professional Conduct, died Friday at age 95, the ABA Journal reports. A Texas native and 1941 graduate of the law school, Sutton served with the FBI as a special agent at the start of World War II and then served in Judge Advocate General’s Corps during the Korean War. From 1950-1957 he was in private practice and from 1957-2003 he served on the law school faculty at his alma mater, serving as dean from 1979-1984. From 1965-1970, Sutton was one of the original draftsmen of the ABA's Model Code of Professional Responsibility, which replaced the 1908 Canons of Ethics. Later, he consulted on the drafting of the association's Model Rules of Professional Conduct. Visitation and funeral services will be held Friday and Saturday in San Angelo. In lieu of flowers the family suggests donations be made to the First Presbyterian Church of San Angelo, the San Angelo Area Foundation or a charity of one's choice.
Former Shelby County Criminal Court Judge Joe Brown, who has spent the last 15 years as the star of the television reality show, Judge Joe Brown, has filmed his last episode for CBS. The network cancelled the show after failing to reach an agreement with Brown on a new compensation package. The Memphis Flyer reports that Brown is looking for another sponsor as well as planning a radio program to be called Real Talks With Judge Joe Brown. But the Hollywood Reporter says Brown “also is considering offers to get involved in politics, which could include a run for the U.S. Senate from Tennessee.” Stay tuned.
In the wake of a federal raid and criminal investigation, Pilot Flying J has retained Nashville defense attorney Aubrey Harwell Jr., who also "has brought a team in with him," according to a Pilot spokesman. In addition, at least one top Pilot executive has hired his own attorney, with Vice President of Sales John Freeman retaining Knoxville criminal defense attorney John E. Eldridge. Knoxnews reports the developments.
The Tennessee House on Friday voted to form a committee to review the TBI's four-month investigation into 10th Judicial District Attorney Steve Bebb's office. Lawmakers voted 75-10 to name six members – three Republicans and three Democrats -- to a special committee that can meet during the recess. The six were selected from among the members of the Criminal Justice and Civil Justice committees, the Chattanooga Times Free Press reports. The group said it would begin reviewing the files as soon as practical. Also on Friday, the House Judiciary Committee approved a resolution directing the TBI officials to turn over all files, records, back-up materials, notes, interview transcripts and other exhibits. Senators previously had approved a similar resolution.
With Senate Speaker Ron Ramsey’s judicial redistricting bill failing to garner support in the House of Representatives, supporters of the plan are asking if they have time to bring it back up when the legislature reconvenes in January 2014. Allan Ramsaur, executive director of the TBA, tells The Commercial Appeal that “It’s technically possible they could get something done when the legislature first convenes next year, but the qualifying date for judges running next year is Feb. 15” and “it would be disruptive to the system to redraw things that quickly and put judges and district attorneys and public defenders — all of whom are up for election next year — into play.” For his part, Ramsey indicated he was walking away from the effort, The Tennessean reports.
The Tennessean’s coverage of the legislature’s final passage of conservatorship reform gives the TBA credit for laying the groundwork for the bill with a series of public hearings across the state on the issue. In the article, Executive Director Allan Ramsaur expresses his appreciation for the opportunity to review the legislation, saying the changes "should bring some clarity to the way the process works." The bill now awaits the governor’s signature.
