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.
Jeffrey L. Davidson, 41, of Rutledge died April 3. A graduate of the University of Tennessee College of Law, Davidson opened a private law practice in Rutledge in 1996. A fund to help defray college costs for his five children has been established at the Citizens Bank and Trust in Rutledge. To contribute, mail donations to Davidson College Fund, Attn: Melissa Roberts, c/o Citizens Bank and Trust Co. of Grainger County, P.O. Box. 98, Rutledge 37861. Read Davidson’s obituary
University of Tennessee College of Law professors Penny White and Becky Jacobs, and student Todd Skelton were honored at the 2012 UT Chancellor's Honors Banquet this week. White, who is director of the school's Center for Advocacy and Dispute Resolution, was named Outstanding Teacher and presented with the Jefferson Prize, which recognizes faculty who demonstrate excellence in research and creative activity. Jacobs, who is director of the college's Mediation Clinic, received the Excellence in Academic Outreach Award for her work as a civil mediator and mentor for attorneys pursuing mediator certification. Skelton, a 2L, won an award for Extraordinary Campus Leadership and Service. As president of the Graduate Student Senate, he organized the first-ever Graduate Student Town Hall and has worked to increase graduate student participation in campus governance. Read more in this week's issue of the Informant
Davidson County lawyer Aneel M. Pandey was publicly censured on April 11. Pandey self-reported to the Board of Professional Responsibility that as a party to a divorce action, he lied under oath on three occasions about events that were material to the divorce. He responded to an interrogatory untruthfully, testified in his deposition that the answer to the interrogatory was truthful, and further untruthfully testified about the subject. When confronted with conclusive evidence later in the deposition, Pandey admitted that he had been untruthful in his prior testimony. Download the BPR release
The Knoxville firm of Hodges, Doughty & Carson PLLC is seeking an associate attorney with a minimum of five years experience in estate and gift tax planning, personal income tax, business succession planning, and corporate, partnership and LLC taxation. An L.L.M. in taxation is preferred but not required. To apply, please email cover letter and resume to sbarrett@hdclaw.com or mail to P.O. Box 869, Knoxville 37901. Learn more on JobLink
Legislation to abolish the Tennessee Plan and replace it with contested, partisan elections for all appellate judges in 2014 failed in what is expected to be the last meeting of the House Judiciary Committee late today. The vote was 7-7 on HB 173 by Rep. Glen Casada, R-Franklin.
First thing this morning, the Senate held the first reading on two resolutions that cleared the Senate Finance Committee as reported in TBAToday yesterday. Early voting on those resolutions though is not considered to be indicative of the final outcome. SJR 183 by Mark Norris, R-Memphis, permits the General Assembly to adopt a merit appointment system with retention elections. SJR 710 by Brian Kelsey, R-Collierville, forbids merit selection and provides for gubernatorial appointment and legislative confirmation before retention elections.
At midday, the House Finance Subcommittee recommended to the full committee adoption of HJR 830 by Jon Lundberg, R-Bristol, as amended. This bill is considered the analog to Norris' SJR 183. The amendment requires merit-based selection "with the concurrence of the legislature” followed by retention elections. The analog to SJR 710, which is also sponsored by Rep. Lundberg was put over for consideration in the subcommittee until next week.
What does it all mean? It is always hazardous to predict legislative matters, particularly in the fluid, chaotic state of affairs at the end of a legislative session. However it does appear that some of the options for advocates of changing our system are narrowing, as are the options for renewing the current plan. Stay tuned for further developments.
At an event at the National Press Club today, New York City Mayor Michael Bloomberg and leaders of African American organizations announced a national campaign against "stand your ground" self-defense laws. Bloomberg said the campaign would be a grassroots effort that would include outreach to lawmakers in all 50 states and creation of model legislation. New York Daily News has the story and a press release from the mayor's office.
George Zimmerman, the Florida neighborhood-watch volunteer who fatally shot teenager Trayvon Martin, was charged today with second-degree murder. He reportedly is in police custody and has new defense counsel after his lawyers stepped down from the case yesterday. The AP has more
Meanwhile, U.S. Attorney General Eric Holder promised that his office will take appropriate action if evidence of a civil rights crime is found. The Justice Department launched an investigation of the killing three weeks ago. Representatives have been in Florida talking with Martin’s family and working to reduce racial tensions. WRCB Chattanooga has this AP story.
During a nine-hour layover in Nashville while traveling through on a Greyhound bus, William Todd managed to wreak havoc on the city, allegedly committing 11 felonies. Police say his crime spree included breaking and entering a business; stealing a Taser, revolver and shotgun; setting fire to a business; holding up four pedestrians, tasing one and pistol-whipping another; carjacking a cab; using stolen credit cards to buy $199 worth of items at Walmart; breaking into several hotel rooms posing as a female housekeeper; stealing $600 from a Canadian couple; crashing the stolen cab into a parking garage; and holding up another cab driver at knifepoint. Police caught up with Todd at Opryland, submerged up to his nose in a water-cooling vat. In the middle of the chaos, Todd reportedly broke into Nashville law firm King & Ballow, ransacked the office, defecated on a desk and smeared feces on some of the framed law degrees. Police say he is also wanted in Kentucky. WSMV has the story
A Chattanooga man serving time in state prison was arraigned Tuesday on charges that, in an attempt to get out early, he forged the signature of the federal judge who sentenced him in a separate embezzlement scheme. The document could have removed a federal hold, allowing possible release from state custody, where he's serving time on separate charges before beginning his five-year federal sentence. Trial is scheduled for June 18. If convicted, Shaun Steven Kidd could face up to 20 years on a tampering with evidence charge. The Times Free Press has more
Hawkins County General Sessions Judge James "Jay" Taylor has invoked his Fifth Amendment right against self-incrimination in response to a new request for information filed by the Tennessee Court of the Judiciary. The most recent inquiry focused on whether Taylor received funds from a client that he said he would invest and whether he misused funds collected for a courthouse display. In February, he invoked his right against self-incrimination in response to four theft-related charges. Taylor is scheduled to stand trial on April 25. He also faces charges about questionable billing practices involving the Administrative Office of Courts, a Board of Professional Responsibility probe and numerous civil lawsuits alleging wrongdoing in his private law practice. The Rogersville Review has more
Waller Lansden Dortch & Davis LLP has named new leaders in five of its practice groups. In the Corporate Group, James Nixon takes over as group leader. He will be assisted by David Head, who has been named deputy group leader. In the Finance & Restructuring Group, Katie Stenberg takes over as new leader, having previously served as deputy group leader. In the Real Estate Group, Bo Campbell remains leader but will be assisted by new deputy group leader Rebekah Fisher. In the Tax Group, Richard Johnson has been named practice group co-leader, while Sean Sullivan has been named deputy group leader. Finally, in the Trial & Appellate Group, Heather Hubbard has been named deputy group leader. She will assist current group co-leaders, Travis Parham and Larry Childs. Read more about these appointments in the Nashville Post
The deadline for applying to be part of the ABA Business Law Section's Fellows, Ambassadors and Diplomat Program is just weeks away. The program is designed to increase section participation by young lawyers, lawyers of color and lawyers with disabilities, and enhance the section's image among young lawyers and minority and specialty bar associations across the country. Those selected for the program are provided funding to attend three section meetings each year for two years, assigned to a committee and matched with a committee mentor. The deadline for applying for the program is April 27. Learn more here
The Memphis Lawyers' Chapter of the Federalist Society will present "An Overview of the Oral Arguments before the United States Supreme Court in the Patient Protection and Affordable Care Act Cases" with Gregory G. Katsas of Jones Day – one of the attorneys who argued the case before the high court. The event will take place tomorrow (Thursday) from 11:30 a.m. to 1 p.m. at The Madison Hotel. Cost is $25 for society members and $30 for non-members. Lunch is included. To register contact Greg Grisham at (901) 312-9413 or greg.grisham@leitnerfirm.com.
Resolutions to amend the state constitution regarding selection and election of appellate court judges rocketed out of the Senate Finance Committee today and are set for consideration as the first and second items on Wednesday's Senate floor calendar. Tennessee Bar Association President Danny Van Horn said that removing merit selection and instituting legislative confirmation in Tennessee's judicial selection system, as SJR 710 by Sen. Brian Kelsey, R-Collierville, would do, is “dangerous experimentation” with our Constitution and will increase the role that politics plays in the selection of our appellate judiciary and possibly their functioning. At present the Tennessee Constitution does not provide for any state office to be subject to legislative confirmation.
The other proposal, SJR 183, sponsored by Sen. Mark Norris, R-Collierville, would amend the Constitution to permit the legislature to enact a system of merit selection and retention elections like our current system. While the TBA would prefer that the Constitutional amendment, if there must be one, prescribe more clearly the system to be created, the Norris resolution at least clearly authorizes the current system, which the bar supports.
Gov. Bill Haslam, Lt. Gov. Ron Ramsey, and House Speaker Beth Harwell have previously affirmed unequivocally their support for the current system, saying that they favor extension of the present plan past the August 2014 judicial elections and adopting legislation to specify the outline of the present plan into the constitution. The TBA has been clear in its support for the present merit selection, performance evaluation and retention election system known at the Tennessee Plan, last amended in 2009, and continues to indicate that no amendment to the constitution is needed.
Attorneys for George Zimmerman, who fatally shot Trayvon Martin, 17, have withdrawn as his counsel, saying they have lost contact with him. Attorney Craig Sonner said today in a news conference they haven't heard from Zimmerman since Sunday. They said that against their advice, Zimmerman contacted the special prosecutor who will decide if he should face charges. Read the AP story in the Tennessean
The Court of the Judiciary issued a public reprimand to Obion County General Sessions Court Judge Jimmy C. Smith on Monday. The move came in response to a complaint filed against the judge, relating to his decision on Oct. 15, 2011, to order the release of his son who had been arrested for driving under the influence in Obion County. Judge Smith maintained that he had no intention of hearing the case against his son and had asked for a special judge to be appointed. However, the court found that his participation in any matter involving his son was a violation of Canon 2A and Canon 3E(l)(d)(i) of the Code of Judicial Conduct. Download the reprimand from the Court of the Judiciary
Memphis lawyer Karen Wilson Tyler was temporarily suspended from the practice of law April 5, for failing to respond to the Board of Professional Responsibility regarding a complaint of misconduct. She is precluded from accepting any new cases and by May 5 must cease representing existing clients, using any indicia of lawyer, legal assistant or law clerk or maintaining a presence where the practice of law is conducted. Download the BPR's release
Former Sullivan County Circuit Court Clerk Raymond Winters died Sunday, April 8. He was 72. Mr. Winters served as clerk for 31 years. Visitation is today from 5 p.m to 7 p.m. at Blountville United Methodist Church, followed by funeral services. Graveside services will be held at Gunnings Cemetery at 11 a.m. on Wednesday. In lieu of flowers, memorial contributions may be made to Blountville United Methodist Church's Building Fund, P.O. Box 686, Blountville, TN 37617. Read his obituary
Just a week after prosecutors dismissed the criminal case against him, former First Judicial District Attorney General Joe Crumley has died. Crumley's declining health led prosecutors to dismiss charges of reckless endangerment, reckless driving, failure to yield to blue lights and sirens, and evading arrest. Funeral arrangements are not yet complete. TriCities.com has more
Shelby County Chancellor Arnold Goldin's job has some perks, like presiding over the adoption of 7-year-old Keona Vaughn, as he did Monday with assistance from lawyer Kevin Weaver. Keona was shaken when she was 3 months old and was left severely developmentally delayed, but Debbie and Mark Vaughn say the blessings are all theirs. Read more in the Commercial Appeal
