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.
Mark Norris, R-Collierville, and Jim Kyle, D-Memphis, leaders of their respective parties talked together recently about changes for both parties, acknowledging the Republican majority in the Senate has seen some difference from within the last year. “This a typical trajectory, if you will,” Norris said. “The larger your majority grows, the more likely you are to have different opinions." Meanwhile, Kyle said Democrats have to get better at being the minority party and remember that Republicans became the majority in the state House and state Senate based on being an effective minority. The Daily News Journal has more
Equal Justice University is truly a “destination education” opportunity taking place September 26-28. The Tennessee Alliance for Legal Services and the Tennessee Bar Association invite you to join us at the breathtaking Paris Landing State Park for two and a half days of CLE programs in a relaxing environment. This is a unique opportunity to earn all 15 hours of CLE (including DUAL offerings) in a short period of time at a beautiful location. Bring your family and enjoy the state park between your training sessions! This conference facility is just 90 miles northwest of Nashville. The hotel is on the lake; all rooms will have great views of the lake and the autumn leaves. The conference prices are very reasonable, as are the overnight stays at the park. There will be a variety of programming for most areas of substantive law and other advocacy techniques. Keynote speakers include: Bill Purcell, former Nashville mayor; Buck Lewis, chair of the Tennessee Supreme Court's Access to Justice Commission; and Judge Bernice Donald of the U.S. Sixth Circuit Court of Appeals. Below you will find just half of the 40 sessions that will be offered at the conference:
Evidentiary Issues: Social Media and Family Law
The Affordable Healthcare Act
Loss Mitigation for Clients and the AG Mortgage Settlement
Immigration 101 and VAWA
Pitfalls and Potholes of Buying a Used Car
Social Security Disability for Low Income Clients with No Health Insurance
Introduction to Criminal Injuries Compensation
TennCare Basics and Advanced
Introduction to WestLaw Next
Dismantling the School-to-Prison Pipeline
Compassion, Mission, and the Calling of Service
Employment Law Basics
Understanding and Analyzing Financial Statements of Nonprofits
Supervision of New Attorneys, Law Students, and Advocates
Maximizing Microsoft Office
Civil and Criminal Contempt as a Remedy in Family Law Cases
Bankruptcy and Consumer Issues
Introduction to Veterans Benefits-Cindy Gardner
Fee Generating Cases and Collecting Attorneys Fees
Belmont University opened its new Randall and Sadie Baskin Center in a ribbon-cutting celebration this morning attended by Nashville Mayor Karl Dean, U.S. Rep. Jim Cooper and many of the donors who helped finance the 75,000-square-foot building that houses Belmont University’s College of Law. The center contains more than a dozen classrooms, a trial courtroom, an appellate courtroom, a two-story law library and more than 20 faculty offices. Belmont is seeking LEED certification for the building, which also uses a geothermal system to provide heating and cooling. The new law school welcomed its second class this fall, and is in the process of seeking American Bar Association accreditation.
The Sixth Amendment Center takes a look at the recent Department of Justice investigation of the Memphis Juvenile Court, examining what it also tells us about indigent criminal defense throughout Tennessee. The center’s blog notes that Tennessee had been in the forefront in providing state funding for indigent criminal defense, but suggests that there should be greater emphasis placed on structural standards and the guarantee of sufficient resources to meet those standards.
The Tennessee Supreme Court Historical Society will host a cocktail reception Dec. 4 to celebrate the 75th anniversary of the dedication of the Supreme Court building in Nashville. At the celebration, attendees will be given an exclusive preview of the new Tennessee Judiciary Museum, and will see the original 1796, 1835 and 1870 constitutions of Tennessee. Tickets are $100 per person -- limited to 250 people -- and can be purchased by contacting Joy Day at 615-771-5008 or at jday@sutter-law.com.
Nashville lawyer Karl E. Pulley was publicly censured by the Tennessee Supreme Court Aug. 16. He submitted a conditional guilty plea, and was found in violation of the Rules of Professional Conduct by failing to diligently represent clients, by failing to adequately communicate with clients and by failing to promptly respond to inquiries from the Board of Professional Responsibility. Download the BPR release
Services have been set for Memphis lawyer Earl C. Buckles, 69, who died Monday (Aug. 20). The memorial service will be 10 a.m. on Thursday at Memorial Park Funeral Home, 5668 Poplar Ave., with visitation from 6:30 to 8:30 p.m. Wednesday, also at the funeral home. Mr. Buckles received a law degree from the University of Nebraska School of Law in 1970. He practiced law in a variety of ways throughout his career, working in large firms as well as in solo practice, and had been an adjunct professor of paralegal studies at the University of Memphis. He had an extensive knowledge of both Tennessee law and Uniform Commercial Code law and often served as a special judge in both civil and criminal courts. Read his obituary
Former Jackson Chancellor Eugene Brooks McLemore died Aug. 15 in Georgia. He was 92. He served in World War II, earned his law degree from Vanderbilt University, and was also a graduate of the National College of the Judiciary at the University of Nevada, Reno. He was licensed to practice law in 1949, and in private practice until 1960. He was president of the Judicial Conference of Tennessee,1966-67; served three terms in the State Senate; was chancellor of the 14th Chancery Division of Tennessee for more than 15 years until he was elected by the Supreme Court of Tennessee to be its executive secretary (now known as Administrative Director of the Courts). He later was elected attorney general. After retiring, Chancellor McLemore continued to serve as special justice of the Supreme Court and special judge of the Court of Appeals. Funeral services were Monday in Jackson, with entombment at Ridgecrest Cemetery. Memorials may be directed to West Jackson Baptist Church. Read his obituary in the Jackson Sun
Claiming that Judge Barry Steelman is biased against her office, Public Defender Ardena Garth filed more motions today asking the judge to recuse himself from cases in which her office is involved. So far, she has filed for recusals in more than 50 cases, beginning last week. Cases are backing up in Steelman's division of Hamilton County Criminal Court, the Chattanoogan reports.
Senior Judge Jon Kerry Blackwood today refused to step aside in the criminal cases involving Channon Christian and Christopher Newsom, the Knoxville News Sentinel reports. Assistant District Attorney General Leland Price argued that Blackwood's disgust with the misdeeds of disgraced former Judge Richard Baumgartner, who presided over the trials of the torture slaying defendants, had caused him to lose objectively in the case.
Former Tennessee State Senator John Ford, 70, was released from a federal prison in Mississippi today. Ford, who has been behind bars since 2007, is now at a half-way house in Memphis, NewsChannel 3 reports. He was convicted for his role in undercover investigation called Operation Tennessee Waltz. He was serving 19-and-a-half years following separate corruption convictions in Memphis and Nashville, but an appeals court threw out the Nashville conviction, which shaved several years off his sentence.
On Thursday, the California Assembly passed a bill that would give "juvenile lifers" -- those who killed as juveniles and are serving life in prison without parole -- in that state a shot at freedom. Nationwide, there are roughly 2,500 inmates who fit into this category. "Because their brain is still developing, they have the ability to rehabilitate," said Michael Harris, a senior attorney at the National Center for Youth Law. Despite the legal rulings and the legislative activity, some survivors of people killed by juveniles are pushing back and arguing that a life sentence is appropriate punishment for juveniles who commit heinous murders. NewsChannel 5 has this AP story
The need for lawyers to provide pro bono services continues. Judges say self-represented people are slowing down court dockets because they typically don’t know what legal points to argue or what motions to file. And an American Bar Association survey last year said 75 percent of lawyers believe that people who represent themselves are more likely to lose their cases. “Courthouses are being filled with people just showing up, trying to figure out what their rights are," said Legal Services Corp. Chair John Levi. "If you're a low-income person and you have a legal need, it is not easy to get it addressed.” Legal Services funds 135 legal aid groups across the country and serves about 900,000 clients a year, but it has to turn away about the same number of people because of too few staff. The Leaf Chronicle has this AP story
The number of applicants to U.S. law schools declined drastically during the past two years, yet the average tuition this fall will climb by more than double the rate of inflation, the National Law Journal reports. Average tuition and fees at private law schools will increase approximately 4 percent over last year to $40,585, according to an examination of published rates by the publication. That's the first time private-school rates have crossed the $40,000 threshold. In-state resident students at public law schools will see a 6 percent increase on average, to approximately $23,590, the report says. In-state tuition at public law schools will remain lower than at private institutions but on average has been increasing at a faster clip for decades. It grew by 10 percent in both 2009 and 2010 and by another 9 percent last year. This year's increase will be the lowest since 2000.
It has been one year since the "West Memphis 3" reached a plea deal that allowed them to go free and keep proclaiming their innocence of the gruesome 1993 murders of three young boys. They spent nearly two decades in jail. Today, one of them is about to go on a tour with his book, "Life After Death." Another has spent time on the set of "Devil's Knot," an upcoming movie about the case starring Reese Witherspoon and Colin Firth. The third is living a quiet life in the trailer park where he grew up near West Memphis. They are all getting used to how different life is from when they were last free. "My greatest piece of technology as a 16-year-old kid was my Super Nintendo," said Jason Baldwin, who was 16 when he was arrested. "Now I've got this thing called the iPhone." The Commercial Appeal reports
After Belmont University's School of Law christens its new 71,000-square-foot building, the Randall and Sadie Baskin Center, on Tuesday, Dean Jeff Kinsler plans to focus on the next big hurdle: accreditation from the American Bar Association. The ABA is set to visit Belmont Sept. 23-26. “I think about [the ABA standards] in my sleep, to be honest,” Kinsler said. “Compared to schools I’ve been watching, we’re in really good shape.” As the school welcomes the 130 members of its second class, Kinsler says big draws for attracting students have been the school's specialized area in entertainment law, and its most controversial professor, Alberto Gonzales. The City Paper has the story
The public comment period has opened for several proposed amendments to the Federal Rules of Practice and Procedure. The comment period closes Feb. 15, 2013. When you submit your comments you will notice a revamped website for the Federal Rules, which the court intended to be "simpler and more logical."
Members of the bar and the public are invited to a retirement reception honoring William Paul Phillips, district attorney general for the Eighth Judicial District, Aug. 30 at 3 p.m. The event is set for the White Rock Baptist Church, 2745 Howard Baker Highway in Huntsville. Phillips’ staff is hosting the event, and encourages all "to come say farewell and thank you" for his service to the citizens of Fentress, Scott, Campbell, Claiborne and Union counties over the past 33 years.
The Judicial Nominating Commission has recommended three candidates to Gov. Bill Haslam for the 16th Judicial District Circuit Court vacancy. They are Keta J. Barnes, Municipal Court judge, Smyrna; M. Keith Siskin, Rutherford County Juvenile Court magistrate, Murfreesboro; and Howard W. Wilson, an attorney with Wilson & Bradley in Murfreesboro. The commission met in Murfreesboro on Friday to review 13 applicants for the vacancy, which was created by the appointment of Circuit Court Judge Don R. Ash as senior judge.
