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 story in today's issue of the Washington Post analyzes Republican presidential candidate Mitt Romney's position on judicial appointments, beginning with his pledge as a new governor to clean up Massachusetts' system -- which he said was "riddled with patronage and backroom deals" -- to his 2008 decision to dismiss members of the nominating commission he had created after clashes over appointments. The story suggests that Romney ended his time in office pushing through "a surge of judicial nominees, some with controversial records, others with the kind of political connections he once condemned." The Romney campaign defended his record saying he “put in place groundbreaking reforms” and selected judges "he felt had the appropriate temperament, judicial philosophy and demonstrated capability" to be on the bench.
American Bar Association YLD – The 2012 ABA Spring Conference that took place in Nashville May 3–5 was a great success. The conference brought together over 325 young lawyers and legal experts from all practice areas and practice settings as well as from six countries. At the meeting, the TBA YLD was named a top four finalist for the “Next Steps Challenge,” which was created to recognize the best YLD affiliate diversity pipeline programs. The TBA YLD’s own Stacie Winkler and Matt Potempa were recognized as Stars of the Quarter for their work planning the meeting. For information about the ABA YLD or to get involved contact Matt Potempa at matt@potempafirm.com or (615) 255-5007.
Blount County Bar Association YLD – The Blount County YLD will soon hold elections for the new bar year. Stay tuned for details. For information about the group contact president George Maifair at george@grmbankruptcy.com or (865) 323-6719.
Chattanooga Bar Association YLD – For more information about the Chattanooga YLD contact President Eric Burnette at eburnette@bdplawfirm.com or (423) 266-2121.
Jackson Madison County Bar Association YLD – The group recently held a fundraiser for the local CASA agency, raising an estimated $3,000. The event – "Pour Your Heart Out for CASA" – featured a wine tasting at Charlie Bulldog's in downtown Jackson. Over 100 people turned out to support the Madison County CASA, which advocates for neglected and abused children in the court system. The Jackson Sun covered the event. For more information about the Jackson Madison County Bar Association YLD contact President Terica Smith at terica@wtls.org or (731) 426-1337.
Knoxville Bar Association Barristers – The Barristers will hold its next meeting June 13 at 5 p.m. at the Bistro and its next monthly happy hour on June 28 from 5:30 p.m. to 8 p.m. at the Bearden Beer Market.
The group also is gearing up for its annual Professional Clothing Drive June 11–22. Items needed include suits, slacks, shirts and blouses for women, and suits, ties, oxford shirts and jeans for men. Drop-off locations are at the KBA office; the BB&T Building; Bank of America Building; the Kerbela Shrine Temple; the law office of Leitner, Williams, Dooley & Napolitan office in West Knoxville; and Mostoller, Stulberg, Whitfield & Allen in Oak Ridge. For more information contact Kristina Chuck-Smith at (865) 329-3334 or kristina@ccsgal-law.com, Daniel Ellis at (865) 482-4466 or dellis@msw-law.com or Alyssa Minge (865) 523-0404 or alyssa.minge@leitnerfirm.com.
Volunteers also are needed to serve breakfast at the Volunteer Ministry Center on June 28. Contact Sheila Needles at (865) 292-0000 or sheila.needles@gmail.com or Will Kittrell at (865) 546-0500 or wkittrell@emadlaw.com to get involved.
Finally, the Barristers are recruiting volunteers for several Knox County Saturday Bar clinics to be held throughout the summer. Dates include June 9, June 23, July 14, July 28, Aug. 11 and Aug. 25. The clinics are held from 9 a.m. to noon at the office of Legal Aid of East Tennessee, 502 S. Gay Street, Suite 404. Clinics in Blount County will held at New Hope Blount County Children’s Advocacy Center, 212 Cates St. in Maryville on June 23, July 21 and Aug. 18.
Contact President Josh Bond at jbond@hdclaw.com or (865) 546-9611 for more information about the Barristers.
Maury County YLD – Maury County YLD kicked off the summer with a business meeting and social gathering on May 31. The group also is making plans for a spring “Luncheon on the Courthouse Lawn,” that will treat courthouse clerks, judges’ staff and other legal support staff to a thank-you lunch for their hard work. To celebrate Law Day, the group joined with the Maury County Bar to host an event featuring Tennessee Supreme Court Justice Gary R. Wade as the keynote speaker. Also at the event, YLD President Chaz Molder presented the bar’s Liberty Bell Award to Virgil Moore, senior chairman of First Farmers & Merchants Bank. The award recognizes a citizen who inspires a deeper sense of individual civic responsibility. Finally, students from Columbia Academy were in attendance and presented with the 2012 Mock Trial Regional Competition Award for their local competition success. For general information about the Maury County YLD, contact Molder at (931) 388-4022 or cmolder@hardinandparkes.com.
Memphis Bar Association YLD – The MBA YLD will host a bowling tournament on June 14 from 6 to 8 p.m. at Billy Hardwick's on Quince Rd. in East Memphis. The cost is $10 per person, which includes shoe rental and bowling for two hours. Drinks will be provided. As a result of a generous sponsorship from Counsel on Call, the first 20 people to register for the event will be able to bowl for free. The group also recently announced that its annual golf tournament will take place Sept. 28 at Glen Eagle Golf Course in Millington. A shotgun start will kick off the tournament at 1 p.m. For general information about the MBA YLD contact President Abby Webb at awebb@shuttleworthwilliams.com or (901) 328-8223.
Nashville Bar Association YLD -- The Nashville YLD is participating in two upcoming events. First up is the Arts Immersion, an event celebrating the convergence of Nashville’s creative and business communities. The event, set for June 13 from 6 to 9 p.m. at One Cannery Row, will showcase some of the area’s best local talent. The second event is the Carbolic Smoke Ball, an annual social event to benefit two local non-profits: The Legal Aid Society of Middle Tennessee and CASA Nashville. That event is scheduled for July 14 at the Ruby, 2411 Blakemore Ave., from 7 to 11 p.m. For more information about tickets or sponsorship opportunities contact Colleen Bracken at colleen.bracken@hospitallaborlaw.com or Will Hicky at whicky@tpmmlaw.com. For general information about the Nashville YLD, contact President Sara Reynolds at sreynolds@andersonreynolds.com or (615) 942-1700.
Northeast Tennessee Young Lawyers Association – For more information about NTYLA contact President Robert Black at (423) 230-0006 or rblack@rossassociateslaw.com.
Upper Cumberland Young Lawyers Association – On May 8, the UCYLA hosted a local swearing-in ceremony for two new attorneys admitted to practice law in Tennessee. The new lawyers were sworn-in by the judges of the 13th Judicial District. It also marked Law Day with a dinner on May 15 with Dr. Michael Birdwell, a history professor at Tennessee Tech University. Birdwell spoke about race relations in Cookeville. Upcoming events include:
The 37th Annual Anne Cameron Golf Classic at Ironwood Golf Course in Cookeville on June 16. Proceeds from this four-person scramble tournament will go to the Cookeville Regional Medical Center Foundation Cancer Fund to help cancer patients in the Upper Cumberland. For more information, contact Lindsay Cameron Gross at lindsay@cameronyounglaw.com or (931) 526-3366.
The Third Annual “Coffee Talk with the Judges” with all of the circuit, chancery and general sessions judges in the Upper Cumberland on June 19. This event will begin at 5:30 p.m. at Crawdaddy’s West Side Grill in Cookeville. Please RSVP to Rachel Moses at rmoses@las.org or (931) 528-7436.
For more information about any of the group's activities, contact President Phil Hatch at pahatch@tndagc.org or (931) 528-5015.
Bar associations and legal organizations across the country will hold pro bono clinics and events as part of the national Celebrate Pro Bono effort this fall. The official Celebrate Pro Bono week will be Oct. 21–27, but Tennessee lawyers will hold events all month long. If you are interested in organizing an event in your area contact TBA Access to Justice Coordinator Sarah Hayman or call (615) 383-7421.
The following Wills for Heroes events have been scheduled across the state. Please contact the event organizer for more details or to volunteer. To get involved in the Wills for Heroes Committee or to request a clinic in your area, please contact committee chair Bradley Carter.
In addition, the Wills for Heroes program is in need of donated laptops (either new or used). It also is in need of technical assistance to fix two laptops that currently are not operational. If your firm is interested in contributing computers or donating the services of an IT professional, please contact Wills for Heroes Committee Chair Brad Carter.
Pre-registration closes today for the TBA's 131st Annual Convention, scheduled for June 6-9 at the Peabody Hotel in Memphis! Don’t miss this chance to join your colleagues for the largest annual gathering of the Tennessee legal community. This year's event is packed with interesting programming and fun activities. Highlights include a visit to the famed Stax Records Museum of American Soul Music, a Bench/Bar luncheon featuring Bill Courtney, the dynamic coach at the center of the Academy Award winning documentary "Undefeated," and high-quality CLE programming on the new Code of Judicial Conduct, tips for growing your practice and more. The TBA YLD will hold its annual membership meeting and elections on Friday, June 8, at 4 p.m. at the hotel. All members are invited! Learn more and register online
The McCallie School of Chattanooga represented the state of Tennessee at the 2012 National High School Mock Trial Championship in Albuquerque earlier this month, placing 16th out of 46 teams. In addition, McCallie student Christian Talley was named one of seven outstanding attorneys in the competition. The Tennessee team squared off against schools from Alabama and Kansas, as well as St. Thomas Aquinas Catholic from Guam, which placed eighth in the competition, and Hinsdale Central from Illinois, which placed ninth. The case, which the students had just one month to learn, centered on the assassination of a Department of Homeland Security agent by a former CIA operative who had taken up contracting work. Following apprehension, the assassin turned informant and testified against a U.S. congressman accused of covering up a million-dollar fraud involving the theft of natural gas. Read more about the team in the Chattanoogan
The American Bar Association Young Lawyers Division held its spring meeting in Nashville earlier this month. During the weekend, Nashville lawyer Matt Potempa and Knoxville lawyer Troy Weston organized a Project Salute clinic to help veterans obtain federal benefits. Lawyers from across the country gathered at Operation Stand Down in south Nashville to serve more than 20 veterans. Also during the meeting, Memphis lawyer and YLD Diversity Committee Chair Ahsaki Baptist spoke to attendees about the YLD’s Diversity Leadership Institute – a six-month leadership and mentoring program for diverse law students. The program was named one of four finalists for the ABA’s Next Steps Challenge Grant. TBA YLD President Mason Wilson was on hand to accept the award for that recognition.
In addition, Tennessee lawyers turned out in force to share their professional expertise with meeting attendees. Presenters included Gail Vaughn Ashworth, George Barrett, Lisa Cole, Mark Chalos, Matthew Curley, Margaret M. Huff, Anne C. Martin, Bruce McMullen, Barbara Moss, Lucian T. Pera, E. Todd Presnell, Eli J. Richardson, Lisa Rivera, Matt Sweeney, Kendrick Vaughn and Heather Howell Wright. The capstone of the three-day meeting was a luncheon with Tennessee Supreme Court Justice William C. Koch, Vanderbilt Law School Professor Brian T. Fitzpatrick, Tennessee Bar Association Executive Director Allan F. Ramsaur and Sixth Circuit Court of Appeals Judge Jane Branstetter Stranch, who spoke on this year’s Law Day theme “No Courts, No Justice, No Freedom.”
Finally, at a banquet wrapping up the conference, Matt Potempa and Memphis lawyer Stacie Winkler were named “Stars of the Quarter” for their work planning the Nashville meeting. See photos from the meeting
All members of the Young Lawyers Division are invited to attend the YLD Annual Meeting and Elections set for next Friday, June 8, in Memphis. The meeting will take place at 4:30 p.m. in the Hernando DeSoto Room of the Peabody Hotel. The hotel is located at 149 Union Ave. in downtown Memphis. Members will decide the outcome of two contested elections, one for East Tennessee Governor and one for Middle Tennessee Governor. The candidates are:
East Tennessee Governor
Sunny R. Sandos, Milligan & Coleman, Greeneville
W. Paul Whitt, Lewis, King, Krieg & Waldrop, Knoxville
Middle Tennessee Governor
Mary Beth Haltom, Lewis, King, Krieg & Waldrop, Nashville
Lynne T. Ingram, Office of the U.S. Attorney for the Middle District of Tennessee, Nashville
Though a local judge voided approval for construction of a new mosque in Murfreesboro this week, mosque officials said they would continue construction unless and until county officials order work to stop, according to the Nashville Business Journal. Attorney Joe Brandon, who represented mosque opponents, responded saying there would be additional litigation if the work doesn't stop. Meanwhile, the national Council on American-Islamic Relations (CAIR) has called on the U.S. Justice Department to protect the religious rights of Tennessee Muslims in the wake of the ruling. Read more on that in the Daily News Journal.
The McKellar Law Firm is hosting a Spanish-language pro bono legal clinic in Knoxville on June 6. The event will run from 5 to 9 p.m. at Holy Ghost Church, 1041 N. Central Street, Knoxville 37917. For more information call (865) 637-0484 ext. 1524, or visit the firm’s Facebook page or Twitter page for details.
Need a few CLE hours fast? The TBA is offering 11 hours of dual credit tomorrow, May 31. Programs will run from 7 a.m. to 7 p.m. There is no need to pre-register; the registration desk will be open all day. May 31 is the deadline for meeting 2011 CLE requirements. Avoid paying late fees to the CLE Commission and get your hours in tomorrow! Learn more here
The Jackson-Madison County Bar Association Young Lawyers Division raised money for the local CASA agency with a wine tasting event last week. The event drew about 100 people to support CASA, which advocates for neglected and abused children in the court system. The Jackson Sun covered the event, which sponsors hoped would raise $3,000 for the agency.
Questions have been raised about the voting records of some 500 Shelby County voters after a blogger accused the election commission of altering the records to make it look like those individuals had not voted in recent elections. According to WMCTV, among those allegedly affected is a state representative and former city councilman. U.S. Rep. Steve Cohen, who represents Memphis, weighed in on the issue, saying there have been problems with record keeping at the county election commission since December 2011. According to WREG.com, he has asked the U.S. Justice Department to investigate. Commission officials deny any alteration to the records and have opened their database to Memphis-area media for review.
The Tennessee Justice Center recently named seven women as its 2012 Mothers of the Year. Two of those women reside in Rutherford County, and an article in The Tennessean looked at their lives this week. The first award recipient, Felicia Burk, is the adoptive mom of three children who all have been diagnosed with autism as well as developmental disabilities, ADHD, bipolar disorder and sleep disorder. The TJC says it honored her for fighting tirelessly to ensure those children have access to the services they need to grow and function to their fullest capacity. A second mom, Deborah Balthrop, was recognized for persevering through 20 denials of coverage for her own prenatal care.
Court officials looked at how best to provide spoken language interpreter services for court hearings during an Interpreters Issues Summit hosted by the Administrative Office of the Courts and the National Center for State Courts. Tennessee Supreme Court Chief Justice Cornelia A. Clark opened the summit noting the importance of interpretive services to the judicial system and thanking the governor and legislature for recognizing that. Of particular focus was how best to spend an additional $2 million included in the state's 2012-2013 budget.
Fire damage to the Public Defender’s Office in Nashville has forced a temporary move to a satellite location inside the Justice A.A. Birch Building. Metropolitan Public Defender Dawn Deaner said the Adult Services Division is working out of the satellite office until the Parkway Towers building where it is housed is again open to the public. The building was damaged by fire late Monday night. The Public Defender is continuing to staff all criminal dockets in Nashville courts. Individuals can also reach the office during this time at 615-862-5692. Download the full statement
U.S. Supreme Court justices' summer travel schedules are a clue that blockbuster health care and immigration cases will be decided by the end of June. Several of the justices have teaching gigs that begin in July, including Chief Justice John Roberts who will be in the Mediterranean island nation of Malta; Antonin Scalia who will teach in Innsbruck, Austria; Samuel Alito is teaching in Florence; and Ruth Bader Ginsburg will take part in programs in Venice and Vienna. Justices can accept roughly $25,000 in additional income for teaching and speaking, beyond their salary of $213,900 a year. The chief justice earns about $10,000 a year more. TriCities.com has the AP story
Hundreds of people gathered Sunday at the Alabama state Capitol to protest the recent passage and signing of a bill that makes some changes to Alabama's tough law targeting illegal immigration. WKRN carried the AP story
Five new cases were granted review by the Tennessee Supreme Court last week. This includes four criminal cases addressing constructive possession of drugs, pretrial diversion, the failure of trial court to inform jury of judgments of acquittal, and suppression of statements. The civil case concerns invalidation of a marriage for want of sufficient mental capacity. The Raybin-Perky Hot List details the cases and offers predictions of how the Supreme Court may act.
Judge Robert Corlew III ruled today that construction of a controversial Murfreesboro mosque must cease immediately because not enough notice was given about a May 2010 public meeting. Corlew ruled in favor of Kevin Fisher and other Rutherford County residents who sued claiming adequate notice wasn't given when the site plan was approved for the new Islamic center. The opinion does not prevent the Rutherford County Planning Commission from reconsidering the issue and approving the mosque site plan again. Construction of the mosque is well under way. WSMV has more