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.
A newspaper columnist published the phone number for U.S. District Judge Harry S. Mattice Jr., suggesting readers call to influence him about the decision he will make in September regarding Tennessee Walking Horse trainer who pleaded guilty last week for violating the federal Horse Protection Act. Gail Kerr also gave information on how to contact representatives and to sign a petition. Regarding Mattice's number she said, "Judges are not supposed to be influenced by public opinion, though obviously some are." Read the column
Tennessee House Majority Leader Gerald McCormick has come right out and said it: "We need more attorneys in the House of Representatives. We need more attorneys in our (Republican) Caucus." It's a non-partisan feeling, with Phillip North, a Democratic lawyer who is running for the state Senate in Nashville, making a similar point in recent fund-raising materials. A century or so ago, columnist Tom Humphrey writes, "close to half of our citizen legislators were lawyers. More importantly, the committees that control bills dealing with the legal system were completely dominated by lawyers." In the just-completed 107th General Assembly, he points out that there were only three lawyers among the nine members of the Senate Judiciary Committee and just three among the 16 members of the House Judiciary Committee. The chairmen of the judiciary committees were almost always lawyers in recent decades. Today, they are nonlawyers — former court reporter Sen. Mae Beavers in the Senate and former deputy sheriff Rep. Eric Watson in the House.
The Greene County Bar Association recently elected new officers. They are President Lindsey Wise Lane with Leonard, Kershaw & Hensley LLP; Vice President J. Bradley Mercer; and Secretary/Treasurer Brandy M. Burnette with Milligan & Coleman. All are from Greeneville.
The Tennessee Supreme Court clarified on Friday the procedures an inmate must follow to dispute the determination of parole eligibility for consecutive sentences, clarifying that the Tennessee Department of Correction (TDOC) and the Tennessee Board of Probation and Parole (BOPP) are separate entities with distinct roles. TDOC is responsible for calculating release eligibility dates, the court said in the case, and BOPP decides whether to release inmates on parole. Inmates may obtain judicial review of these decisions, but the procedure differs. Chattanoogan.com has more
Tennessee Supreme Court Justice Sharon Lee has spoken often of her father's experience as a World War II POW, but it was some time before she learned he had been held in the same camp at the same time as a fellow Tennessee jurist's father. Staff Sgt. Charles James Lee of Tellico Plains and Lt. Harold Leibowitz -- the father of Criminal Court Judge Mary Beth Leibowitz and also of Knoxville lawyer Larry Leibowitz -- both ended up in a prison of war camp in Barth, Germany before being liberated on May 13, 1945. The judges talk about their fathers experiences in this News Sentinel story. When Lee recounts these events in speeches, she also tells about others who served, including Hugh Ross, father of Criminal Court Judge Carroll Ross of Athens; David Goldin, father of Shelby County Chancellor Arnold Goldin, and E. Bruce Foster Sr., father of Knoxville lawyer Bruce Foster Jr.
William P. Kratzke has been named interim dean of the Cecil C. Humphreys School of Law at the University of Memphis. He will begin June 1, 2012, and will succeed Kevin Smith, who is returning full-time to teaching and research. Kratzke has taught at the U of M law school since 1979. He served as associate dean from 1989 to 1991, and in 1995 he was named Cecil C. Humphreys Professor of Law. Kratzke’s areas of expertise are in business law and he has taught torts, civil procedure, administrative law and environmental law. He received his degree from Valparaiso University School of Law, and an LL.M. centered on labor law from Georgetown University.
The Humane Society of the United States asked Tennessee Attorney General Bob Cooper in a letter received Thursday to investigate the role horse show management plays in allowing sored horses to compete. Soring, an abusive practice aimed at producing a higher gait among Tennessee Walking Horses, is illegal under federal and state law. The letter said the case of trainer Jackie L. McConnell proves the need for more action. McConnell was secretly filmed by the Humane Association abusing several horses, which led to his guilty plea in federal court this week to felony conspiracy to violating the federal Horse Protection Act. A spokesperson for Cooper said the office will review the Humane Society’s letter and determine what actions to take. The Tennessean has more
The Supreme Court of Tennessee temporarily suspended the law license of Mark Kelley Braswell on May 22 for his failure to respond to a complaint of ethical misconduct. Braswell is licensed in Tennessee but maintains an office in Washington, D.C. The suspension remains in effect until dissolution or modification by the court. Download the BPR release
Nashville lawyer Colin Michael Daly was publicly censured by the Tennessee Supreme Court on May 22 for practicing law while his license was administratively suspended for failing to timely pay his annual registration fees. The court determined that his actions violated Rule 5.5 of the Rules of Professional Conduct. Download the BPR release
Legislation that calls for a new emphasis on civics education in Tennessee was among bills signed into law by Gov. Bill Haslam this week. House Bill 2114, sponsored by Rep. Kevin Brooks, R-Cleveland, requires civics education to be included in the public school curriculum assessed by local educational agencies. The legislation drew praise from retired U.S. Supreme Court Justice Sandra Day O’ Connor, who wrote the sponsors of the law last week, saying, “This important legislation will help make sure that every Tennessee student receives the civil learning that is so vital to their becoming an informed and engaged citizen.” The Chattanoogan.com reports
Knoxville lawyer Lisa Anne Temple was publicly censured today by Supreme Court of Tennessee. The Board of Professional Responsibility filed a Petition for Discipline against her based on a complaint that she accepted representation of a client while she was suspended from practicing law, which violates Rules of Professional Conduct 1.4 (communication), 1.5 (fees); 5.5 (unauthorized practice of law); 8.1 (disciplinary matters) and 8.4(a)(c) and (d) (misconduct). Download the BPR release
Nashville lawyer Parrish B. Stanton has been reinstated to the practice of law by order of the Tennessee Supreme Court entered May 22. He was suspended on Oct. 14, 2010, for 18 months, retroactive to 2009. The reinstatement maintains that he must attend support groups with the Tennessee Lawyers Assistance Program twice a month for one year; attend 10 of the required continuing legal education hours in the subject area of criminal law; and engage a practice monitor for one year. Download the BPR release
The Knoxville Bar Association is still collecting donations for the silent auction at its upcoming "Cheers for Charity" benefit for Legal Aid of East Tennessee. The wine tasting event has sold out, but the KBA is seeking items such as an elegant dinner hosted by a Tennessee attorney, an assortment of fine wines or a basket that includes donations from restaurants or liquor stores for the silent auction. All proceeds from the silent auction will be donated to LAET, and donors will be recognized during the event and in all follow-up publicity. Contact KBA Executive Director Marsha Wilson at 865-522-6522 for more information.
Knoxville lawyer David Burkhalter has asked the University of Tennessee to preserve all documents and e-mails concerning Associate Athletics Director for Media Relations Debby Jennings as she considers a possible discrimination/retaliation action. Jennings says she was forced to retire last week when the university's men's and women's athletic departments were combined. Jennings has worked with the Lady Vols and Pat Summitt for 35 years. WBIR reports
Washington County Circuit Court Clerk Karen Guinn says failing to show up for court is a common practice for many defendants and it not only impacts the victims, it slows the court down because of the extra paperwork when the defendant is arrested again. Guinn says that of the 685 defendants scheduled to appear in Sessions Court in the last eight days, 78 were no shows. Every time someone fails to appear, Judge Robert Lincoln says he issues a bench warrant for their arrest and the process starts again, but with higher stakes for the accused. TriCities.com has this story
The race for Shelby County District Attorney General is tightly contested, with Republican incumbent Amy Weirich and Democrat Carol Chumney, a former state representative, going head-to-head in the August election. Both women say they will be focusing their attention on children's rights, especially the juvenile court system in light of a recent scathing Department of Justice report. In related news, local Democratic chairman Van Turner held a joint press conference with Chumney to show the party's support of her candidacy after a recent opinion column in the Commercial Appeal questioned both’s Chumney level of campaigning and the party’s commitment to her candidacy. WMC-TV interviews both candidates
The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate. The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans Inc. in Louisiana. The Times-News has this AP story
East Tennessee court clerks are gearing up to enforce a mandatory license revocation law that went into effect last July. The law gave defendants owing court costs from criminal cases one year to comply or lose their drivers' licenses. Clerks have mixed feelings, saying the law will result in many more defendants driving illegally on revoked licenses, require a lot more record-keeping, but also gives them another enforcement tool in collecting court costs. Anderson County Criminal Court Judge Don Elledge doesn't seem to be looking forward to it: "It's going to be a huge mess," he says. The News Sentinel has the story
Hamilton County Chancellor Frank Brown ruled Thursday that Shelley Breeding is not a Knox County resident and therefore cannot run for office in the county. Breeding had filed to run as a Democrat for West Knox County's new District 89 seat in the state House. Breeding claimed the county boundaries were not accurate, and that she served on jury duty, works, votes and registers her car in Knox County. Knox County Law Director Joe Jarret argued that Breeding pays her property taxes in Anderson County. Breeding's lawyer, Jon Cope, said an appeal will be filed with the Tennessee Court of Appeals, as well as a motion to expedite the case. WATE has more
