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 disbarred Nashville lawyer Bennett Farris Bratcher, pursuant to Tennessee Supreme Court Rule 9, Section 18.5. The court issued the order April 26 for the disbarment that will become effective May 6. Bratcher consented to disbarment because he could not successfully defend himself against complaints filed with the board alleging that he misappropriated funds relating to the representation of three clients. His actions violated Tennessee Supreme Court Rule 8, Section 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation). Download the BPR release
Memphis lawyer Michael Brandon Barber was suspended April 26 for five years by the Tennessee Supreme Court for neglecting the representation of several former clients and ultimately abandoned his practice. By the aforementioned acts, he violated Rules 1.1 (competence), 1.3 (diligence), 1.4 (communication), 1.16 (terminating representation), 3.2 (expediting litigation), 8.1 (bar admission and disciplinary matters), and 8.4(a), (c), and (d) (misconduct) of the Rules of Professional Conduct. Download the BPR release
Nancy Kay Kenley, 54, of Memphis died yesterday (April 26) after a long battle with ovarian cancer. She was Senior Counsel for Legal Regulatory Affairs at Federal Express and a 1990 graduate of the University of Tennessee College of Law. Visitation is today from 5 to 8 p.m. at Memorial Park Funeral Home on Poplar Avenue in Memphis. A Celebration of Life service will be held at 10 a.m. Saturday at White Station Church of Christ. Donations may be made to the Nancy K. Kenley Hope Fund at Independent Bank Memphis. Read her obituary
In an editorial, the Commercial Appeal weighs the pros and cons of the Shelby County proposal to fund a new special court to process former warriors who are facing criminal charges. Creation of the court would acknowledge that post-traumatic stress disorder and varying degrees of brain damage resulting from combat injuries are sometimes at the root of domestic violence, assaults, alcohol and drug abuse, or worse, among veterans. However, the paper, although supportive of the concept, questions whether the court is needed since there is already a "smorgasbord of veteran and support services available to veterans." Read the editorial
A recent poll showed that 61 percent of Americans would choose a punishment other than the death penalty for murder and just 1 percent of police chiefs think that expanding the death penalty would reduce violent crime, former President Jimmy Carter writes in the Atlanta Journal Constitution. He points out that 90 percent of all executions are carried out in China, Iran, Saudi Arabia and the United States, and that while Southern states carry out more than 80 percent of the U.S.'s executions they have a higher murder rate than any other region. "Our nation’s focus is now on punishment, not rehabilitation," he writes in the opinion piece, which calls to abolish the death penalty. Read his column
If you are in Tennessee, you probably heard the shouts from Knoxville last week when it was announced that legendary women's basketball coach Pat Summitt will be awarded the Presidential Medal of Freedom this year. On the list of 13 recipients, however, are also former Supreme Court Justice John Paul Stevens; former Secretary of State Madeleine Albright, the first woman to hold that position; and civil rights hero John Doar, who was assistant attorney general in charge of the Civil Rights Division of the Department of Justice in the 1960s. USA Today has more
Law Day ceremonies got underway in Maury County on Thursday, with Tennessee Supreme Court Justice Gary R. Wade as the featured speaker. The event also included presentation of the Liberty Bell Award, given to senior chairman of First Farmers & Merchants Bank Virgil Moore. The award, presented by Chaz Molder, president of the Young Lawyers Division of the Maury County Bar Association, recognizes citizens who inspire a deeper sense of individual civic responsibility. Columbia Academy students were also presented with the 2012 Mock Trial Regional Competition Award by the Maury County Bar Association. The Columbia Daily Herald has the story and pictures
Five Knox County employees, including former trustee Mike Lowe, were charged with felony theft following an investigation by the Tennessee Bureau of Investigation, the state Comptroller's Office and the Knox County District Attorney's Office. The grand jury also recommended moving the trustee's office and its functions into the mayor's office, with spending and contracts to be handled through the finance department, WATE reports. The charges lead some members of the county commission to say that officeholders should face more scrutiny. "We have to start all over again, regaining the public trust," Commission Chairman Mike Hammond said.
The resolution that would amend the constitution and replace the current Tennessee Plan for merit selection and retention elections took a giant step today when the House concurred on SJR 710, forwarding it to the next session of the General Assembly. While judges appointed under the new plan would face retention elections, they would do so only after being nominated by the governor and after legislative confirmation.
The legislature will apparently leave town without specifying the way that the August 2014 election of judges will be conducted -- a move that TBA President Danny Van Horn termed “irresponsible.” Watch for more details of the last few days of the 107th General Assembly in future editions of TBAToday.
Memphis Lawyer Javier Michael Bailey was disbarred by the Tennessee Supreme Court today and ordered to pay restitution to 17 people totaling $29,867. Bailey entered a conditional guilty plea that he failed to properly communicate with clients, failed to exercise appropriate diligence on client’s cases, failed to appear for a hearing, failed to follow court orders and made misrepresentations to the court. He also was held in criminal contempt in three cases and sentenced to serve time in jail and/or pay a fine due to his failure to timely file briefs and comply with court directives. Download the BPR release for more details.
State senators yesterday approved legislation creating a "loser pays" system that allows judges to assess fees of up to $10,000 on plaintiffs who bring suits determined to have "no basis in fact or law." The vote was 17 to 12, with two Republican members who are also lawyers joining Democrats in opposition. The measure now heads back to the state House to approve minor Senate changes. The House originally passed the bill on Tuesday. WPLN.org has more
Knoxville lawyer Jay Arthur Garrison died Tuesday (April 24) at the age of 63. He graduated from the University of Tennessee College of Law in 1975 and practiced law for 35 years with the firms of Cheek, Taylor & Groover; Kennerly, Montgomery & Finley; and Holifield & Associates. A celebration of life will be held at Fountain City United Methodist Church on Monday at 7 p.m. Family will receive friends at the church from 5 to 7 p.m. In lieu of flowers, gifts may be made to Fountain City United Methodist Church, 212 Hotel Avenue, Knoxville 37918; or the Garrison Family Endowed Band Scholarship, 120 Perkins Hall, University of Tennessee, Knoxville 37996. Read his full obituary
A Knox County grand jury has returned theft and forgery charges against Knoxville attorney C. Edward Daniel, according to the News Sentinel. A five-count presentment returned Tuesday and unsealed today charges Daniel with stealing more than $60,000 from his former law firm, Daniel, Pemberton, Scott & Scott, between October 2004 and June 2009. He's also accused of forging a $4,619 check in October 2008 and a $7,951 check in April 2009.
The U.S. Justice Department said today that juvenile offenders in Shelby County are denied due process rights and that black children are treated differently and more harshly than white children by the Juvenile Court. The investigation by the department’s Civil Rights Division began in August 2009 and included the review of 66,000 case files from a five-year period. Among other violations, it found repeated failures to protect children from self incrimination, failure to notify children and their parents of charges prior to hearing dates, a pattern of sending children to detention without warrants if they were arrested on weekends or holidays, a lack of thoroughness in deciding to charge juveniles as adults, and a lack of safe conditions at the detention center. And while these failures applied to all children, the DOJ said there was a verifiable and noticeable difference in how black children were treated. Read more in The Memphis Daily News or download the report
Memphis lawyer and TBA YLD Diversity Committee Chair Ahsaki Baptist is featured in a Memphis Daily News article this week focusing on the family influences that led her to a career in the law and the satisfaction she finds in pro bono and volunteer service. She specifically mentions her role with the TBA YLD and the work she has done as chair of the group’s leadership program for law students. Read more here
Federal appeals courts are increasingly citing the reader-edited encyclopedia Wikipedia, though the trend has not spread to the U.S. Supreme Court. According to a search by the Wall Street Journal Law Blog, federal appeals courts have cited Wikipedia about 95 times in the last five years. The news source also found that the Chicago-based 7th U.S. Circuit Court of Appeals cited Wikipedia 36 times, more than any other federal appeals court.
The Jackson & Madison County Bar Association will hold its annual Law Day Luncheon tomorrow at First United Methodist Church in downtown Jackson. The event will begin at 11:30 a.m. The keynote address will be given by Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee.
The Memphis Bar Association is hosting a week of activities to commemorate Law Day. The celebration kicks off with the annual Law Week Launch Party set for tomorrow from 5 to 7 p.m. on the Court Square. All attendees are encouraged to bring a monetary or canned good donation for the Mid-South Food Bank. Learn more online
According to the National Center for State Courts, electronic filing is up and running statewide in Alabama, Colorado, Delaware, Nebraska and Utah, with a number of other states phasing in new requirements. While building an electronic filing system can be expensive, the potential for long-term cost savings and efficiencies is driving the trend. Several chief justices surveyed for the report also said that ongoing budget cuts and space constraints have required them to find a new business model. The Pew Center has this report
