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.
U.S. Attorney General Eric Holder today indicated he still is willing to engage in negotiations to avoid a constitutional showdown over Justice Department documents in the "Fast and Furious" gun-smuggling investigation. Congressional Republicans say they are willing to negotiate, too, but only if the administration turns over more emails and memos. Barring that, House Speaker John Boehner, R-Ohio, pledged the House would "vote next week on a contempt measure…" WCYB News 5 has this story from CNN
Senior Judge Jon Kerry Blackwood yesterday reversed his previous order granting new trials to two defendants caught up in the fall-out from misconduct by former Knox County Criminal Court Judge Richard Baumgartner. The issue of retrials now will be subject to further review of the cases and a hearing set for August 17. In addition, Blackwood set a hearing for Oct. 8 to give the state a second chance to argue that he should step down from the cases. WBIR has the story
In related news, the DA’s office has asked for audio recordings and a transcript of last week’s hearing in which Blackwood and DA Randy Nichols wound up in a "yelling match," according to WATE News 6. That hearing turned volatile when Blackwood refused to recuse himself and prohibited the state from making any arguments about that issue. The DA's office says the outburst shows that Blackwood cannot rule impartially because of his emotional connection to the trial.
In an interview with the Nashville Post, Waller chairman John Tishler talks about why his firm continues to turn to Austin, Texas, for new talent and new opportunities, saying that while the new office is physically in Austin, the move is about entering the Texas market. "We have targeted a wealth of opportunities in Austin for health care regulatory work" but clients will be located across the state, he said. In picking Austin for the firm’s latest venture, Tishler said the city presents "a broader range of health care opportunities" than other Texas cities, offers access to policy makers and resources at the University of Texas School of Law, and provides close proximity to Houston and San Antonio.
Two news articles last week focused on the financial hardships hitting legal aid programs and courts around the country. The first, from WRCB-TV, looked at the impact of a $5 million cut expected to hit Puerto Rico's Legal Services offices -– a reduction officials say will force attorneys to drop at least 7,000 civil cases. The second, from News Channel 5, focused on widespread layoffs in the Los Angeles County court system. Officials there say the cutbacks will affect 431 employees and 56 courtrooms. The budget-cutting plan also ends the county's innovative juvenile traffic courts, removes court reporters from civil trials and consolidates restraining order processing. With alot unkown about the future, one court clerk lamented that while the "commitment of our judicial officers and staff to preserve access to justice is unwavering…our ability to follow through on that commitment may soon be exhausted."
Contenders for the Shelby County District Attorney General post addressed problems plaguing the Memphis Shelby County Juvenile Court at a forum on Monday. In discussing the Department of Justice's recent report about the court, Republican incumbent Amy Weirich focused on the lack of attention to victims of the system. "What is frustrating as a prosecutor of 21 years is that nowhere in that report does anyone mention the victims." She also defended the work being done to clean up the problems saying, "We're addressing those issues...In fact, we have a much more aggressive plan than the Department of Justice even asked us to accomplish." By contrast, Democratic challenger Carol Chumney maintained that the problems have been ongoing and persistent and "need to be dealt with." The Daily News reports
U.S. Supreme Court Justice Antonin Scalia and Bryan A. Garner (editor-in-chief of Black's Law Dictionary) this week released "Reading Law: The Interpretation of Legal Texts.” The book explores what textualism means, and spells out 70 canons, or guideposts, to explain the concept. Scalia said the goal of the book was to "help attorneys better understand how to present a client’s case...by better understanding how judges interpret cases.” It is the second major book on legal thinking and writing by the pair. In 2008 they authored "Making Your Case: The Art of Persuading Judges." Learn more about the new book in the ABA Journal
The Nashville-based firm of Bass, Berry & Sims PLC recently opened an office in Washington, D.C. Explaining the decision, Brook Lathram, a member in the firm’s Memphis office, told the Memphis Daily News that the firm believes companies prefer to work with an entitity that has a presence in the nation’s capital to keep up with changes in federal regulation. In addition, according to Lathram, the firm does an extensive amount of work for clients dealing with the Foreign Corrupt Practices Act, which is administered in Washington. “It was a carefully considered decision,” Lathram said, but “Ultimately, we decided it was a no-brainer."
Tennessee Supreme Court Justice Gary Wade and Judge Rex Henry Ogle will deliver remarks next Saturday, June 30, at 6:30 p.m. at the King Family Library in Sevierville to support the release of a new book about the town. The book is the latest in the "Images of America" series by Arcadia Publishing. Learn more about the event in the News Sentinel
A new survey by Kaplan Test Prep suggests that students considering law school are more concerned about a school's rankings than its employment statistics. When asked, "What is most important to you when picking a law school?" 32 percent said ranking, 22 percent cited geographic location, 20 percent said academic programming; 13 percent said affordability/tuition, and only eight percent picked job placement statistics. Read a summary of the study or learn more in the ABA Journal
Adding to the mounting tensions between Congress and the Executive Branch, the House Oversight and Government Reform Committee voted today to hold Attorney General Eric Holder in contempt after President Barack Obama invoked executive privilege to withhold documents the committee was seeking. The contempt resolution now goes to the full House, where if approved, it could lead to federal charges. USA Today has a wrap up of the day's developments.
The U.S. Sixth Circuit Court of Appeals "severely chastised" Knoxville lawyer Herb Moncier in an 11-page ruling released this week, according to the Knoxville News-Sentinel. The court takes issue with Moncier's repeated attempts to nullify an order that prohibits him from practicing in East Tennessee's federal courts. "It confounds the mind how Moncier (has) not come to grips with the fact that he has been disbarred from practice," Judge Danny Boggs wrote in a unanimous opinion from a three-judge panel of the court.
The Tennessee Department of Transportation is seeking to fill the position of Assistant General Counsel for the East Tennessee Region in its Knoxville office. Responsibilities include preparation of documents for the acquisition and disposal of highway rights-of-way, regulation of outdoor advertising, and general legal advice on various issues relating to the maintenance and operation of the state highway system. Applicants should submit a resume, cover letter, references, law school transcript and legal writing sample before July 16. Learn more on JobLink
The annual Mary Ann Williams Scholarship Benefit Dinner and Silent Auction raised $8,600 for the Sumner County Teen Court earlier this summer. The event honored Williams, who worked for 20 years with the Department of Children Services before becoming the program coordinator with the Sumner County Juvenile Court. While serving in that role, she was instrumental in starting the first teen court program in the state. Money raised at the event funds several college scholarships, which the court awards to teen participants. This past year, the court awarded $7,500 in scholarships. The evening also included the presentation of awards and a celebration of the program’s 10-year anniversary. Download an article about the event
Middle Tennessee State University (MTSU) is accepting applications for a full-time temporary (non-tenure-track) faculty position beginning August 2012. The successful candidate will have a specialty in business law and related areas and should have a law degree with relative experience. Interested individuals should apply online. Review of applications will begin on July 1, and continue until the position is filled. Learn more on JobLink
The Tennessee Supreme Court has refused to hear an appeal from Shelley Breeding, who wanted to run for Knox County's new seat in the state House but was ruled ineligible because her home is just outside the district, WATE reports.
Keeping up to date on a broad scope of practice areas can be a real challenge for solo practitioners and attorneys in small firms. To help, the TBA’s TennBarU has put together three programs this summer that will help you get the knowledge you need in the most efficient manner. The General Practice Bootcamp Aug. 16-18 in Nashville will pack 15 hours of live programming into two and one half days. Fast track programs will be offered Aug. 24 in Memphis and Knoxville, offering a combination of live sessions and online access.
The Tennessee Supreme Court summarily and temporarily suspended the law license of Memphis lawyer Richard Bryan Fields today after finding that he failed to respond to the Board of Professional Responsibility regarding a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court. Fields may for good cause request such action. Download the BPR notice
Immigration lawyers are seeing an increase in calls from people wanting to know how to apply for deferred action through the Department of Homeland Security. Nashville attorney Elliott Ozment, for example, said he had so many people making appointments that by Monday his calendar for the week was full. But he said some are being cautious about applying for the program, saying they would prefer to wait until after the November election to see if the program will survive. Nashville News 2 looks at the issue.
Texas attorney Ray Marchan was convicted Monday of paying kickbacks to a South Texas judge in exchange for appointments and favorable decisions. Marchan is the first of 12 people swept up in the investigation of former state District Judge Abel Limas to face trial. Limas pleaded guilty to racketeering last year and awaits sentencing. During the trial, he implicated a number of area lawyers according to WRCB TV3, "spreading shame among legal professionals and casting doubt in the wider community about the possibilities of justice inside a system so clearly run amok."
U.S. Attorney General Eric Holder was set to meet with House Oversight Committee Chairman Darrell Issa, R-Calif., this afternoon to discuss the release of documents that might postpone a contempt vote. Issa has scheduled a committee vote for Wednesday on a contempt measure against Holder, but has offered to postpone the vote if Holder authorizes access to additional documents. Issa has accused the attorney general of stonewalling an investigation into Fast and Furious – a botched federal firearms sting – and charges that the Justice Department gave Congress erroneous information about it. WCYB Tri Cities has more
