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 Tennessee Supreme Court on May 13 transferred the law licenses of Knox County lawyer Beverly Ann Buster Clemmer and Shelby County lawyer Jay L. Grytdahl to disability inactive status. The lawyers may not practice law while on inactive status. They may return to the practice of law after showing by clear and convincing evidence that the disability has been removed and they are fit to do so.
Davidson County Chancellor Carol McCoy said at a hearing Friday that after seeing case files of children who died as a result of abuse and neglect, it was clear that Department of Children's Services (DCS) social workers should have done more to protect the children. "There have been balls dropped by several individuals," she said in releasing 42 records of cases of children who died or nearly died after being under the supervision of DCS. McCoy also gave the state until May 31 to release records on 50 additional cases. Knoxnews has the story.
Attorneys from across the counry learned about Tennessee's access to justice initiatives and how to implement them during a series of sessions at the national Equal Justice Conference, sponsored last week in St. Louis by the American Bar Association and the National Legal Aid & Defender’s Association. Justice Janice Holder and Access to Justice Commission Chair Buck Lewis led an in-depth meeting for representatives from 10 organizations interested in implementing versions of OnlineTNJustice.org in their communities. Joining them in the presentation were TBA Access to Justice Coordinator Liz Todaro and representatives from the Tennessee Alliance for Legal Services (TALS). TBA Vice President Jonathan Steen was also part of the delegation of more than 20 Tennessee attorneys attending the conference. In all, Tennessee’s access to justice initiatives were featured in four panel presentations and workshops, reaching an audience of more than 100. See photos from the conference.
The U.S. Court of Appeals for the Sixth Circuit on Friday upheld a lower court finding that Metro Nashville Public Schools’ controversial student assignment plan did not represent deliberate racial resegregation, and passed constitutional muster even though it led to more racially divided schools. However, the court made clear that its opinion “should not be understood as a judicial endorsement of [the plan’s] success,” The Tennessean reports.
As many as four prosecutors in the Knox County District Attorney General’s office may run for the top DA post or a criminal court seat that will be open when Judge Mary Beth Leibowitz departs next year. Charme Knight, who specializes in child abuse and child death cases in the office, is running to succeed her boss, DA Randy Nichols. She likely will face attorney Michael Graves in a Republican primary, Knoxnews reports. Meanwhile prosecutors Kevin Teeters (a Republican) and Leland Price (a Democrat) are telling their parties they will seek Leibowitz’s position. Their colleague Jason Honeycutt, a Republican, also said he is seriously considering a run for the seat.
More juveniles charged with crimes are being given a chance to turn their lives around, instead of being transferred to adult court. Since 2009, the number of juveniles charged as adults has declined each year, with 29 transfers so far this year compared to 99 last year. The Commercial Appeal reports that the decrease corresponds to the U.S. Department of Justice’s three-year probe into allegations of civil rights and due process violations at Shelby County Juvenile Court.
The 2013 Equal Justice Conference attracted more than 700 people to its annual gathering in St. Louis, presented May 9-11 by the ABA Standing Committee on Pro Bono and Public Service and the National Legal Aid & Defender Association.
Former Knox County Criminal Court Judge Richard Baumgartner reportedly has completed two years of probation, clearing the way for his state criminal record to be expunged. With no objection from prosecutors, Judge Jon Kerry Blackwood dismissed the case, WATE News 6 reports. Baumgartner, however, still faces a six-month federal sentence.
The Legal Aid Society has named Iska Hoole as managing attorney of its Tullahoma office. Prior to joining the agency, Hoole was a solo law practitioner. She also previously worked for legal aid from 1998 to 2003, served as a human rights representative for the Tennessee Human Rights Commission and as an attorney for the Tennessee General Assembly. The agency also recently announced that Joshua Thomas joined its Columbia office as a staff attorney. Thomas previously was an assistant district attorney in Gulfport, Miss., worked for the general counsel at The University of Southern Mississippi; and was a summer associate at Butler, Snow, O’Mara, Stevens & Cannada and a law clerk at Barrett Johnston.
Gov. Bill Haslam today vetoed the so-called "Ag Gag" bill, which would have required images documenting animal abuse be turned over to law enforcement within 48 hours, Knoxnews reports. Haslam cited three concerns that affected his decision: the measure’s questionable constitutionality, the possible unintended consequence of making it harder for district attorneys to prosecute animal cruelty cases, and allegations that the bill repeals part of Tennessee’s Shield Law. Animal rights groups, civil liberties groups and a wide range of celebrities applauded the decision.
The Tennessee Supreme Court today denied a petition by the Board of Professional Responsibility which would have expanded the application of the prohibition on manifestations of invidivual bias and prejudice. In maintaining the current focus on the way in which the lawyer conduct impacts the administration of justice, the Court preserved the rule advocated and defended by the TBA. The Court noted that more than 300 pages of comments were received during the comment period and commented on the "scope and clarity” of the present rule. Download a copy of the court order. For a look at the TBA comments, click here.
A free legal advice clinic will be held tomorrow at 10 a.m at the Benjamin L. Hooks Library located at 3030 Poplar Ave. in Memphis. Initiated in October 2007, the Saturday Legal Clinic is sponsored by the Memphis Bar Association and Memphis Area Legal Services. This month’s clinic is sponsored by the attorneys and staff at Evans Petree and FedEx. Contact Linda Warren Seely of Memphis Area Legal Services by email or at (901) 523-8822 for more information.
The 23rd Judicial District Drug Court will honor its 100th graduate, Ashley Lloyd, in a graduation ceremony next Thursday at 5:30 p.m. in the Circuit Courtroom in Charlotte, the Leaf Chronicle reports. The court serves citizens of Cheatham, Dickson, Houston, Humphreys and Stewart counties. The drug court program promotes responsibility and accountability and teaches participants to become productive citizens in the community. It is an alternative to incarceration and integrates chemical dependency treatment and community resources with the criminal justice system.
Nelson Mullins Riley & Scarborough LLP has expanded its Nashville office with two new, experienced attorneys. Kevin Doherty joins as a partner in the area of insurance regulatory law. Cynthia Wiel joins as Of Counsel also practicing in the captive area. She also concentrates on insurance regulatory law, business law, healthcare law, municipal utility law and wine and liquor regulation. The firm has more than 470 attorneys and government relations professionals practicing from offices in Atlanta, Boston, Tallahassee, Tennessee, West Virginia, Washington, D.C., and the Carolinas.
Shelby County has more sequestered juries than other counties because there is so much business, Memphis District Attorney Amy Weirich tells WREG. In addition to protecting jurors from outside information, the county also provides physical protection, catered lunches, hotel accommodations, and entertainment during cases that get a lot of media attention. The sheriff’s offices budgets $300,000 a year for jury sequestration.
Jurors were chosen this morning for the retrial of 2007 Christian-Newsom torture-slaying defendant George Thomas, Knoxnews reports. Sixteen jurors were picked from 117 potential jurors who showed up for duty. There are eight women, five of whom are black, and eight men, all white. Jurors, who were chosen from Davidson County because of heavy publicity about the case in East Tennessee, will be bused over the weekend to Knoxville. They will stay in an area hotel and be transported together to court.
House Republicans are willing to support an idea in President Barack Obama’s budget proposal to help college students avoid a costly hike on their student loans, according to Rep. John Kline, R-Minn., chairman of the Education and Workforce Committee. Obama’s plan links the interest rates on student loans to market rates. To calm the fears of runaway interest rates, Kline said his proposal would also include a cap on interest rates that was not part of Obama’s proposal. "At the end of the day, we believe that what we've done with this bill is make sure that the borrowers, whether they're graduates or undergraduates or parents, can take advantage of the lower rates when they're available," Kline said. The Memphis Daily News has the story.
A federal appeals court has upheld U.S. District Judge Kevin Sharp’s prior ruling that found Metro Nashville Public Schools’ (MNPS) controversial student assignment plan did not represent deliberate racial segregation, the Tennessean reports. The opinion, issued today by the U.S. Court of Appeals for the Sixth Circuit, states that the rezoning plan did not have a “segregative intent” and passes constitutional muster even though it did lead to more racially divided schools. The decision marks another victory for MNPS in the four-year legal battle waged after it rezoned African-American students who live in parts of Bordeaux closer to their homes in the historically low-performing Pearl-Cohn High School cluster.
Chancellor G. Richard Johnson has announced he is retiring after 25 years on the bench effective June 30, the Administrative Office of the Court reports. Chancellor Johnson is a graduate of East Tennessee State University and received his law degree from the University of Tennessee. He was seated to the bench in 1988, after serving many years in private practice. The Judicial Nominating Committee is now accepting applications for the Chancery Court post, which serves Carter, Johnson, Unicoi and Washington counties. Applications are due by May 29.
The so-called “ag-gag” bill awaiting approval from Gov. Bill Haslam was called “constitutionally suspect” in an opinion released today by Tennessee Attorney General and Reporter Robert Cooper. The governor has said that he will decide by Monday whether or not to sign the bill, which has drawn a firestorm of protest. The legislation would require people who document animal abuse to hand over the recordings to police within 48 hours. Cooper’s opinion said the bill (HB 1191) is constitutionally suspect under the First Amendment on three grounds: underinclusiveness, prior restraint and news gathering privilege. It could also be held to violate a person’s Fifth Amendment right against self incrimination, the opinion said.
