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.
Former Hawkins County Sessions Judge James "Jay" Taylor reportedly failed to pay federal income tax or Social Security withholdings for his secretary for a period of seven years, though he provided her with a W-2 each year indicating the money had been paid. The IRS previously filed liens on Taylor’s real estate holdings for unpaid federal income tax, unemployment tax and penalties dating back to 1999. It now confirms, according to the Times News, that it has opened an investigation of alleged failure to pay more than $25,000 in withholding for his employee.
Last year, two domestic violence prosecutors handled 12,686 reported incidents in Davidson County, averaging about 250 cases every week. Now Mayor Karl Dean says they need help. In his budget proposal, the mayor recommends $125,000 to add two more domestic violence prosecutors, bringing the total to four. Davidson County District Attorney Torry Johnson supports the move saying it would increase the amount of time attorneys have to spend on cases and, in turn, increase the quality of the representation. The Tennessean has more
After 16 years, Stephen Shankman is leaving his post as West Tennessee federal public defender. He sent his notice to the U.S. Sixth Circuit Court of Appeals earlier this month saying he wants to opt out of another possible appointment to a new four-year term. "I'm fine. There are no health issues," he said this week, the day after the notice for applicants was posted. "It’s just time." However, Shankman did tell The Memphis Daily News that the job had become "a bit frustrating" now that federal courts deal with more "street crime and low level stuff," which he says belongs in state court.
The University of Memphis School of Law has named Jacqueline O'Bryant as its new coordinator of diversity programs. Among her responsibilities, O'Bryant will oversee the Tennessee Institute for Prelaw, actively recruit and support diverse law students, and develop additional outreach initiatives for the school. O'Bryant previously was deputy prosecuting attorney for Pulaski County, Ark., and taught as an adjunct professor at Philander Smith College in Little Rock. Earlier in her career she served as in-house counsel for Alltel Communications and worked at the Arkansas Public Defender Commission. O'Bryant earned her law degree from the Bowen School of Law at the University of Arkansas, Little Rock.
James T. DuBois, 68, of Columbia died yesterday (May 15). DuBois earned his law degree in 1970 from Vanderbilt University Law School. From 1971 to 1982, he served as U.S. magistrate for southern middle Tennessee. He ultimately was named co-owner and chairman of the board of directors of DuBois & DuBois PC and DuBois Closing & Title Services Inc. in Columbia. He was active in civic, community and bar organizations, including serving as president of the Maury County Bar Association and chair of the Real Estate Subcommittee of the TBA’s Unauthorized Practice of Law Committee. Among his survivors is his son James Thomas DuBois Jr., a lawyer and former lawmaker.
Visitation will be held Friday from 3 to 8 p.m. at Oakes & Nichols and on Saturday from 10 to 11 a.m. on St. Peter's Parish House lawn. Funeral services will be Saturday at 11 a.m. at St. Peter's Episcopal Church. Burial will follow at the historic St. John's Episcopal in Ashwood. Members of the Maury County Bar Association and colleagues at DuBois & DuBois will serve as honorary pallbearers. In lieu of flowers, memorials may be made to Boy Scout Troop #103, c/o Jimmy Langsdon, P. O. Box 1018, Columbia 38402. Read more from his obituary
Former Jefferson County General Sessions Judge Max Mark Moore died May 3. A 1951 graduate of the University of Tennessee College of Law, Moore spent the first 10 years of his career in the banking and insurance industry, founding the Moore Insurance Agency during that time. In 1965, he opened a law office in White Pine and practiced there until 1982. He subsequently was appointed general sessions judge with juvenile and probate jurisdiction, and served on the bench for 16 years. In lieu of flowers, the family requests that memorials be made to the First United Methodist Church of White Pine Building Fund, PO Box 146, White Pine 37890. Read more about his life in this obituary
The U.S. Sixth Circuit Court of Appeals is accepting applications for the position of Federal Public Defender for the Western District of Tennessee. The position, which is filled by the court, is located in Memphis and is vacant due to retirement of the incumbent. The successful candidate will serve a four-year term. Those interested should apply by June 15. A full public notice, application and qualification standards are posted online.
Knoxville lawyer David A. Lufkin Sr. was reinstated to the practice of law on May 15. He had been suspended on Aug.18, 2009, for a period of two years, retroactive to Oct. 17, 2006. On Aug. 25, 2011, he filed a petition for reinstatement. The Supreme Court granted his request but also imposed a requirement that he engage a practice monitor for one year and pay the costs of the proceeding. Download the court's notice
The Knoxville Bar Association will host "Cheers for Charity" on May 31 from 6 to 9 p.m. at the Knoxville Beverage Company. Tickets -– priced at $35 per person -– include a group wine tasting and food. Guests also may take part in a VIP tasting for an additional $15. The event will include a silent auction of wines and related items that will benefit Legal Aid of East Tennessee. The auction closes at 8 p.m. Register online at www.knoxbar.org or call the KBA at (865) 522-6522
Two escapes in two days have some asking how Nashville's Department of Children's Services is handling juveniles in its custody. The first event took place Monday when an unrestrained teen was being transported to a vehicle. He was caught fairly quickly. The second incident occurred today when a teen was being transported from the Juvenile Justice Center to a facility in Shelby County. He remains on the run. Judge Adams Green responded quickly, with a new requirement that all DCS workers bring juveniles in and out of court using a secure sally port. WTVF News Channel 5 has more
Former Knox County Criminal Judge Richard Baumgartner was arrested on federal charges today after a federal grand jury indicted him on seven counts of failing to report felonious activity. He appeared in handcuffs in court this afternoon before U.S. Magistrate Judge Clifford Shirley and with his lawyer Don Bosch. In the state case, Baumgartner avoided jail time and a felony conviction when Special Judge Jon Kerry Blackwood granted him judicial diversion. His plea agreement barred the filing of additional state charges but did not preclude a federal prosecution. The News Sentinel has more
ABA President William T. Robinson III was the keynote speaker at the Chattanooga Bar Association's Law Day Luncheon, which featured the announcement of new Chattanooga Bar Foundation Fellows, presentation of awards and recognition of 38 new “Pillars of the Bar,” who have served the profession for 50 years or more. Jenny Smith Wright, a lieutenant with the Chattanooga Housing Authority Police, was awarded the 2012 Liberty Bell Award, while Angela A. Ripper, assistant vice president and senior counsel at the Unum Group, received the fourth annual Judge W. Neil Thomas III Paralegal Utilization Award. During last week's event, the bar also announced that Jack Jones, a junior at McCallie School, won first place in its 2012 Law Day Essay Contest. Jones went on to win second place in the statewide competition. Read more about the award winners on the bar’s website
Two open positions will be filled by the Tennessee Bar Association Board of Governors at its June 9 meeting. The first — 6th District Governor — is an open seat created when no one sought to be considered for it by the deadline. The 6th District covers Giles, Lawrence, Humphreys, Houston, Wayne, Perry, Cheatham, Stewart, Lewis, Hickman, Montgomery, Sumner, Maury, Dickson, Robertson and Williamson counties.
The second position is the unexpired term for the 7th District Governor. This vacancy is being created by Jonathan Steen assuming the vice president position. The 7th District covers Henry, Decatur, Hardeman, McNairy, Carroll, Chester, Hardin, Madison, Henderson, Fayette and Benton counties. The individual who fills this seat will serve for one year. Under the new configuration of the board adopted this year, the 7th and 8th districts will be combined into a new 7th District and a second grand division governor seat will be created.
In accordance with Article 47 of the TBA Bylaws, the board may fill the vacancies, with terms through Spring 2013, by election at its June 2012 meeting. Individuals interested in being considered for either of these positions should email TBA Executive Director Allan F. Ramsaur or call him at (615) 383-7421 by June 4.
Since President Obama took office, he's had a chance to make nominations for 241 federal judgeships. Fifty-five of them were vacant slots held over from the Bush administration. Obama has nominated 188 judges, and the Senate has approved 147 of them. That leaves a current total of 94 vacancies — 77 vacant slots and 17 held by judges who have said they plan to retire. Some law professors and advocacy groups say Obama could have had more judges confirmed to the bench had he simply made more nominations over his first three-plus years in office. The National Law Journal looks at what some are calling a judicial emergency.
Before general election races start in earnest, many legislators face primary challenges in newly drawn districts. While many Republicans across the state will face opposition from their political right, Republican-led redistricting has resulted in four Democratic primaries in which incumbents face each other. Read this analysis from The City Paper
A jury convicted Shanterrica Madden, the roommate of slain MTSU basketball player Tina Stewart, of the lesser charge of second-degree murder after two hours of deliberation today. Prosecutors had argued for first-degree murder Stewart was fatally stabbed in the chest March 2, 2011. NewsChannel 5 has more
The state Department of Alcohol and Drug Abuse Services awarded grants to Dyer, Lauderdale and Tipton counties that will allow them to form coalitions to fight drug use among teens. The Tennessean reports
Gov. Bill Haslam has signed legislation that adds the concept of “gateway sexual activity” to the state’s abstinence-first sex education curriculum. Other bills now law are the Life Defense Act of 2012, which requires abortion providers to have admitting privileges at a hospital in the county where they perform an abortion or in a neighboring county; and a bill that will let prosecutors charge alleged assailants with a second count of assaulting or murdering an embryo after an attack on a pregnant woman. The Tennessean has the story
Nashville-based firm Waller Lansden Dortch & Davis changes its name today, the firm reports. Now, the 100-year-old law firm will be known simply as Waller. See the news look on its redesigned website and read more about the change from the Nashville Business Journal
