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.
Overall crime in Tennessee is down, but murders and DUI arrests increased last year, the Tennessee Bureau of Investigation reports. The TBI "Crime in Tennessee" report stated there was a 1.7 percent decrease in reported crimes in 2011 when compared to 2010. Read more from the City Paper
Despite a plea from the Republican chair of the Tennessee Regulatory Authority and criticism from Democratic legislators, a Senate committee Thursday approved Gov. Bill Haslam's plans for transforming the agency. "Maybe it'll work. Maybe not," TRA Chair Kenneth Hill told the committee. "Why go there and inflict damage to the utilities of Tennessee and to the people of Tennessee … then have to come back and fix it?" he asked. Read more from Knoxnews.com
Legislative action this week on judicial selection issues ended in almost as big a muddle as it began.
Today, Sen. Brian Kelsey, R-Collierville, deferred action to Monday night on his constitutional amendment, SJR 710, which would remove merit panels from the process and replace it with Washington-style confirmation when selecting and retaining judges in Tennessee.
Meanwhile, the House seems set to pass only the House counterpart to the Kelsey plan and not move forward with the two resolution strategy that seemed to be emerging at the end of last week. The House counterpart to Sen. Mark Norris’s resolution (SJR 183), which was successful in the Senate on Monday night, will not see consideration in the House Finance Committee until Tuesday at the earliest.
Lost in all of the mêlée is any consideration of how the next election for all judges -- which the constitution requires to be held in August 2014 -- will be conducted. The TBA and allies in the business, civic and legal communities remain committed to stability and consistency, which the current process offers while the debate on the need for and the best outline of future changes takes place.
Contact with lawmakers -- and as importantly, feedback with the TBA on that contact -- are important ways each lawyer can contribute to the future of a fair and impartial court system.
The U.S. Supreme Court has ruled unanimously that organizations cannot be sued for torture under the Torture Victim Protection Act. The decision came in the case of Azzam Mohamad Rahim, who allegedly died at the hands of the Palestinian Authority and the PLO. His family argued that the law, which authorizes suits against "individuals" who commit acts of torture, also applied to organizations. The court disagreed, saying there was no indication Congress intended such an interpretation. NPR has the story
Republican leaders in the U.S. House of Representatives have revived a medical malpractice bill that caps non-economic damages at $250,000 and limits contingency fees as a way to reduce the federal budget and avoid cuts in defense spending. The House passed the bill in March, even though President Barack Obama said he would veto it and House Democrats say it will be dead on arrival in the Senate. But the bill was revisited during budget discussions this week after the Congressional Budget Office estimated it would reduce federal health care costs. The Blog of Legal Times reports
Speaking at the University of Arkansas at Little Rock’s Bowen School of Law, Scott Ellington – the former prosecuting attorney of the West Memphis Three – said that future legal costs of a retrial factored into his decision to agree to a plea deal with Damien Echols, Jason Baldwin and Jessie Miskelley. Ellington also said he was worried what an acquittal could cost the state, including potential damages the men could seek for false imprisonment. Ellington appeared at the school as part of a daylong symposium on the case. Read more in the Memphis Business Journal
The U.S. House of Representatives Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies approved $328 million for the Legal Services Corporation (LSC) in Fiscal Year 2013. Earlier this week, the subcommittee’s counterpart in the Senate approved $402 million for the agency. Read more from the LSC
Tennessee veterans suffering post-traumatic stress disorder and other psychological problems stemming from military service could soon have their own special courts should they find themselves facing prosecution in the state’s criminal justice system. The state House unanimously passed a bill today, HB 3394/SB 3222, which directs the Administrative Office of the Courts to study whether it is feasible for the state to establish specialized courts for veterans. The bill passed the Senate unanimously on April 12. TN Report has more
Students from area high schools, colleges and youth organizations will get an opportunity to learn about the legal profession April 24 at “Legal Careers Forum: The ABCs – Advocates, Barristers and Counselors.” The event, part of The Memphis Challenge Inc.’s expanding series of career exploration events, will be held at 4 p.m. in the University of Memphis School of Law’s Wade Auditorium. The event will include a tour of the law school, a panel discussion and a Q&A session. Confirmed speakers include Charles Blatteis, managing attorney of Blatteis Law Firm; Shelby County Circuit Court Judge Gina Higgins; Tennessee Bureau of Investigation Assistant Director Richard Moore; and law school Dean Kevin Smith. The event is free, but online registration is required.
The Tennessee Supreme Court on April 18 suspended Nashville lawyer Matthew Fort Mayo for one year, retroactive to January 31, 2011. However, Mayo remains suspended for noncompliance with CLE requirements and for failure to file certification that funds are held in an IOLTA account. The court found that Mayo failed to respond to a complaint of misconduct, failed to timely file documents, failed to timely file or properly serve a brief, and failed to appear for a client’s sentencing hearings. Download the BPR notice
The Tennessee Department of Treasury has two paid summer intern positions available in its legal division in Nashville. Candidates must be high school graduates or hold a GED. Current enrollment in law school or an accredited paralegal studies program is preferred. Interested applicants should email their resumes to Treasury.Resumes@tn.gov by April 27. Download the job description
A small Nashville law firm is seeking a full time associate attorney for a litigation position. Experience in family law, workers compensation or personal injury is required. Please send resume to P.O. Box 128498, Nashville, TN 37212. Compensation is salary plus bonus and benefits. Learn more on JobLink
The U.S. Senate Judiciary Committee this morning (Thursday) approved by voice vote the nomination of Memphis Criminal Court Judge John T. Fowlkes Jr. for the vacant federal judgeship in the Western District of Tennessee. The next step is a floor vote on the confirmation. The Senate leadership is working through a compromise plan that allows floor votes on several federal judges previously approved by the committee, but Fowlkes is not on that list. The Commercial Appeal has the story
Registration is now open for the TBA’s 131st Annual Convention, scheduled for June 6-9 at the Peabody Hotel in Memphis. Along with being 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 Tennessee State Library and Archives has taken on the monumental task of preserving 10,000 boxes of Supreme Court cases from the state’s birth to the 1950s. More than 20 employees are devoting half a day each day to the project. The case files largely were neglected in the attic of the Capitol until the Tennessee Supreme Court Historical Society began funding the effort in 2006. Read more about the project and some of the documents uncovered in the Chattanooga Times Free Press
Shelby County lawyer Wendy Nicole Villafana was censured by the Tennessee Supreme Court on April 18 for failing to file a client's application for cancellation of deportation, failing to diligently prepare for a hearing, failing to promptly inform the client about alleged weaknesses in the case and failing to respond to the client's requests for information. The court found she violated Rules of Professional Conduct 1.3 and 1.4. Read the BPR release
Knoxville government and property rights attorney David Buuck will serve as chief deputy in the Knox County Law Director's Office, helping to run the office and ensure a smooth transition when Bud Armstrong takes over. Outgoing Law Director Joe Jarret said he hired Buuck at Armstrong's request. Buuck, a University of Tennessee College of Law graduate, has practiced more than 30 years, including several decades as attorney for the town of Louisville. Read more in the News Sentinel
The Montgomery County Disproportionate Minority Contact Task Force will host the 2nd Annual Joint Conference on Juvenile Justice this Saturday from 8:30 a.m. to 4:30 p.m. The purpose of the conference is to prevent juvenile delinquency by increasing awareness of issues, programs and available resources. The task force operates under the umbrella of the Tennessee Commission on Children & Youth and the APSU Juvenile Justice Grant. This year the guest speaker will be Lowell Perry Jr., executive director of Big Brothers/Big Sisters of Middle Tennessee. The event is free and open to the public. Learn more in the Leaf Chronicle
Todd Rolapp has been elected managing partner at Bass Berry & Sims, Nashville's largest law firm. Rolapp will take the helm Jan. 1, 2013, succeeding Keith Simmons. Simmons announced last year that he’d relinquish his position of managing partner at the end of 2012, after 17 years of service. He will remain a member of the firm. Rolapp, 45, currently chairs the firm’s corporate and securities practice and heads the firm's executive compensation group. Read more from the firm
The Tennessee Supreme Court disbarred Georgia lawyer Stephen V. Fitzgerald Jr. on April 17, after the Supreme Court of Georgia accepted his decision to voluntarily surrender his license. Pursuant to the Rules of Discipline of the State Bar of Georgia, a voluntary surrender of license is tantamount to disbarment. With regard to his Tennessee license, Fitzgerald must pay the Board of Professional Responsibility’s costs and wait five years before seeking reinstatement. Download the BPR release
