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.
Lawyers who speak a second language are a hot commodity, though the jobs they are snagging are usually temporary. Patent and automotive litigation are improving the employment picture for lawyers who speak Asian languages. Also popular are lawyers who can help translate language for deals and documents in emerging economies such as Brazil and India. ABAJournal.com has the details
Joining other GOP groups across the state, Maury County Republicans have signed a resolution opposing Gov. Bill Haslam’s recent appointment of a Muslim woman to a state board, alleging she is an adherent of Sharia Law. The resolution mirrors a document signed in Williamson County last week, bringing the number to at least eight county party organizations that have passed resolutions seeking some sort of action by the state party. Samar Ali, a Vanderbilt University Law School graduate who is of the Muslim faith, was selected by Gov. Haslam in May to serve as the Department of Economic and Community Development’s international director. The Columbia Daily Herald has more on the resolution, while an editorial in the News Sentinel says Ali is extremely qualified and calls for a stop to "hate-filled intolerance," "bigotry" and "fear-fueled accusations."
U.S. Attorney Edward L. Stanton III delivered the address at Lane College’s summer commencement convocation on Sunday in Jackson, telling the 78 graduates "You have to know where you want to go and who you want to be. You have the tools. You just need the vision in order to succeed.” Stanton was nominated by President Barack Obama for the Western District position in 2010. Read more from Lane College
A lawyer told reporters Tuesday he will bring suit against multiple parties on behalf of a survivor of Friday's mass shooting at an Aurora, Colo., premiere of The Dark Knight Rises. Beverly Hills-based attorney Donald Karpel told TMZ he will file on behalf of Torrence Brown Jr., who attended the midnight showing where the massacre took place. He plans to sue the Century Aurora 16 movie theater, Warner Bros. Entertainment and the doctors for alleged Colorado gunman James Eagan Holmes. WMC has the story
Signal Mountain attorney Joseph Church Wagner died July 19, at the age of 97. He received his law degree from the University of Tennessee in 1940, then joined his father in law practice. After leaving to serve as an FBI special agent he rejoined his father, becoming the senior partner of Wagner, Nelson and Weeks, and later practicing with sons Richard and Michael until the day of his death. Mr. Wagner was proud of having the privilege of making motions before the Tennessee Supreme Court to accept his two sons and one granddaughter to the practice of law in Tennessee. He served as the attorney for the Town of Signal Mountain, retiring after 50 years, and continued to serve as Back Tax Attorney until his death. Funeral services were Monday, with burial at Mount Olivet Cemetery, East Ridge. Memorial contributions may be made to Walden's Ridge Emergency Service, P.O. Box 215, Signal Mountain, TN 37377, or your favorite charity. Read his obituary
A short video is now available to help lawyers when they provide pro bono legal services to persons with disabilities. The project from the Tennessee Supreme Court’s Access to Justice Commission -- Providing Legal Services to Persons with Disabilities -- raises awareness and reduces the barriers that persons with disabilities face when seeking legal services. The 12-minute video provides general etiquette tips on interacting with individuals with disabilities and highlights specific examples of common scenarios that people with disabilities encounter when seeking legal services. The Disability Law & Advocacy Center of Tennessee developed the video with the Vanderbilt Kennedy Center. Learn more from the AOC
A federal judge in Michigan has dismissed a suit by 12 Thomas M. Cooley law grads claiming they were misled about their job prospects. U.S. District Judge Gordon Quist dismissed the case on Friday, saying Cooley’s employment stats are “literally true” and the plaintiffs unreasonably relied on the school’s representations, the Wall Street Journal Law Blog reports. The judge also said the state’s consumer protection law does not apply to items purchased for a business purpose, including the purchase of a legal education. ABAJournal.com has more
Police believe the an assault rifle and other weapons used in the shooting spree at a Colorado movie theater last week were purchased legally, even though the state adopted additional restrictions after the mass shootings at Columbine High School. The New York Times has a story on Colorado's gun laws, which it calls "lax." ABAJournal.com connects you to other stories.
Knoxville attorney Robert Shields Holland has died at the age of 68. He began his career teaching history, and coaching basketball and cross-country and later earned his law degree at the Cecil C. Humphreys School of Law at Memphis State University. He then practiced law with his brother Terry, and longtime Knoxville attorney Francis Headman. His daughter, Shannon M. Holland, later entered the practice. The family was to receive friends at Bearden United Methodist Church, at 4407 Sutherland Avenue in Knoxville, from 5 to 7 p.m. today, followed by a funeral service. Interment will be Tuesday at 11 a.m. at Middle Creek Cemetery, 1828 Middle Creek Road, in Sevierville. In lieu of flowers, the family has requested donations to the M.J. Ivens Memorial Scholarship, named to honor Mr. Holland's grandfather, at 225 Hiwassee College Drive, Madisonville 37354, or to Historic Middle Creek United Methodist Church Building Fund, 1828 Middle Creek Road, Pigeon Forge 37863. Read the obituary
Judge Robert L. “Butch” Childers is the new president of the Law Alumni Chapter of the Cecil C. Humphreys School of Law at the University of Memphis. Other officers are R. Hunter Humphreys, president-elect, and Vickie Hardy Jones, secretary-treasurer. In addition, the school announced that five new board members have been chosen. They are the Hon. George Ellis, the Hon. Gina Higgins, Richard Glassman, Mary Hackett, Michael Joiner and Todd Williams.
In Hamilton County, both parties in the dispute over prayer at county commission meetings say the First Amendment is on their side. Lawyers for both the plaintiffs and the county also use Marsh v. Chambers -- a 1983 case in which the Supreme Court upheld legislative prayer in a 6-3 decision -- to help make their cases in briefs filed ahead of Thursday's hearing before U.S. District Judge Harry S. "Sandy" Mattice. Charles Haynes, director of the Religious Freedom Education Project at the Newseum and a senior First Amendment Center scholar, said none of the country's circuit courts of appeal have signaled they would be willing to strike down legislative prayer. "There are a lot of cases over the years about this issue, and Marsh is still good law," Haynes said. Nonetheless, "people are still pushing the envelope at what Marsh means," he said. In the past five years, two U.S. circuit courts have split on how to apply Marsh. But the 6th Circuit, hasn't ruled directly on legislative prayer. The Times Free Press has more. Meanwhile, the Knox County Commission today is expected to adopt a written policy regarding prayer before board meetings, the News Sentinel reports.
In an editorial, the Daily News Journal says that the wrangling over the building of the Islamic Center of Murfreesboro "was an argument about nothing that wouldn’t go away, costing Rutherford County tens of thousands in legal fees and driving a wedge into the midst of our community." District Court Judge Todd Campbell's ruling was the "right move for a local group, [and] a victory for religious groups across the country," the paper says. "The First Amendment and state Constitution are clear about the rights of religious groups to worship freely. It is time to recognize those constitutional rights."
The Tennessee Justice Center (TJC) has been awarded a $5,000 grant from the American Bar Association (ABA) to expand its efforts to engage and partner with Tennessee lawyers and law firms. Michele Johnson, TJC managing attorney said the ABA Section of Litigation Justice Assistance Fund Grant will "help us take our partnership with Tennessee’s legal community to the next level." Learn more from the TJC
All but one of Tennessee's 12 Court of Appeals judges and two Supreme Court judges have recused themselves in an appeal of John Jay Hooker's latest effort to invalidate the state's system for selecting appeals court judges. If all five Supreme Court justices recuse themselves, Gov. Haslam could be called upon to name special Supreme Court justices to hear any appeal of the eventual Court of Appeals decision — just as then-Gov. Don Sundquist did in another of Hooker's cases, in 1998.
Hooker's latest suit, filed earlier this year, contends that Haslam's appointment of Jeff Bivins to the Court of Criminal Appeals violates the state constitution, but Davidson County Circuit Court Judge Hamilton Gayden dismissed the lawsuit in June. Hooker appealed, filing motions calling on the Court of Appeals and Supreme Court judges to recuse themselves from hearing the appeal. Supreme Court Chief Justice Cornelia Clark and Justice William Koch have recused themselves, along with the appeals judges. The other three Supreme Court justices filed an order calling on Hooker and the attorney general's office to file briefs on a possible recusal. Read more in the News Sentinel
Knox County lawyer C. Coulter “Bud” Gilbert received a public censure from the Board of Professional Responsibility on July 20 for practicing law for two months while his license was suspended for CLE noncompliance. Also, today, the board released notice that Memphis lawyer Michelle L. Betserai was suspended from the practice of law on July 18 for failing to diligently represent clients, failing to file pleadings in a timely manner, making misrepresentations during testimony as an expert witness, and abandoning her law practice. In addition to imposing the suspension, the Supreme Court ordered her to pay restitution to four clients.
The Supreme Court of Tennessee issued an order on July 19 removing Shelby County lawyer William T. Maxwell Jr. from disability inactive status. Download the BPR notice
Two Tennessee-licensed attorneys received public censures from the Board of Professional Responsibility (BPR) on July 19. Marshall County lawyer Thomas Andre Davidson was censured for mishandling the estate of a client. Among his actions, Davidson failed to review a prenuptial agreement and failed to disclose a third codicil to the will – even informing the client’s wife that the codicil had been revoked. In addition, Crossville attorney Margaret Jane Powers was censured for endorsing a client’s name on a check and depositing the money in her account. In handling a client’s divorce, Powers received a check made out to the client from the opposing party. She asked the client if she could apply the check to the outstanding bill owed. When the client refused, Powers held the check for 18 months, and then asked the client again. When the client did not respond, Powers deposited the check, though she later refunded the money.
News from the Tennessee Bar Journal Editorial Board
Two Tennessee Bar Association programs were named the best in the state by the Tennessee Society of Association Executives (TNSAE) at a luncheon and award ceremony in Nashville July 20. The Tennessee Bar Journal -– the TBA’s flagship publication -- was named best magazine for the third time. In addition, the TBA Young Lawyers Division was recognized for its Judicial Internship Program, which matches Tennessee law students with trial judges across the state for summer internships. TBA Executive Director Allan Ramsaur was on hand to accept the awards.
Gayle Moyer Harris was named the 2012 Anne T. Rutherford Award Winner by Franklin Tomorrow for more than 30 years of community service, first as a county commissioner, then with Williamson County Economic Development and Leadership Franklin, and then for her work founding the 21st Judicial District Drug Task Force. The nomination came from Judge Tim Easter, who wrote that Harris “possesses the heart of a servant.” Read more in the Columbia Daily Herald
Local and state dignitaries gathered at the Sevierville Community Center this week to mark the 30th anniversary of the building of the facility. Among those in attendance was Tennessee Supreme Court Justice Gary Wade, who was a driving force in obtaining funding to build the center. In honor of his support, the street in front of the center was named Gary Wade Boulevard. The Sevier County News reports
