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.
Tennessee students explore concept of freedom of communication
NASHVILLE, May 1, 2012 -- Students challenged to produce videos on the topic of freedom of communication are being honored today by the Tennessee Bar Association (TBA) as a part of the national Law Day celebration.
The lawsuit against Metro Nashville over allegations of racial re-segregation has taken on class-action status, with plaintiffs now including all African-American students affected by the school district’s controversial 2008 student assignment plan. U.S. District Court Judge Kevin Sharp granted the plaintiffs’ request for class certification Friday in advance of the 3-year-old suit -- now known as Spurlock et al. v. Fox -- reappearing in federal court on Tuesday. The City Paper reports that a number of Metro officials could take the stand as witnesses in the case, including Mayor Karl Dean who plaintiffs subpoenaed.
Nashville Mayor Karl Dean today named veteran attorney Bill Herbert to succeed the late Sonny West as Metropolitan Zoning Administrator in the Department of Codes and Building Safety. Herbert is with Johnson & Herbert in Nashville and serves as attorney for Cheatham County. NashvillePost.com has the story
The Tennessee Court of Appeals has upheld a state trial court ruling in favor of the Convention of the Protestant Episcopal Church in the Diocese of Tennessee, a case that stems from Nashville-based St. Andrews Parish’s efforts to break away from the diocese. In her ruling, Judge Patricia Cottrell said the Episcopal Church is hierarchal and, as such, individual churches hold property in trust for the diocese and, as such, are not in a position to disassociate themselves from the governing body. NashvillePost.com has more
An American Bar Association committee has tentatively agreed on two alternative approaches to the current requirement that all law school applicants must take a valid and reliable admissions test. The first approach to altering the Standards and Rules of Procedure for Approval of Law Schools would keep a pared-down version of the current requirement in the standards. The second would eliminate the requirement altogether. Learn more from the ABA
Columnist Bryan Haas speculates about the two juries selected in the last year -- neither of which got to deliberate -- to determine whether or not Roger Clemens is guilty of any crime. During both trials the jury was filled with mostly women, and Haas wants to know why. Chattanoogan.com has his column
Lawmakers in the General Assembly say they hope to have the session wrapped up by tonight. They had also hoped to end last week, but a provision in the state budget that would close a youth detention center led to a mini rebellion among Democrats and rank and file Republicans. It was a fight that exposed division between the two houses in the legislature and among Republican lawmakers. Listen to the story from WPLN
Republican legislative leaders on Friday night mended a rift that had emerged between House and Senate lawmakers over local “pork barrel spending.” They agreed on about $1 million worth of additional reductions in a rarely called budget “conference committee." TNReport has more
Citing the recent damning report from the Department of Justice about disparities in treatment of African-American children in the Shelby County Juvenile system, the Commercial Appeal in an editoriral says that although Juvenile Court Judge Curtis Person has worked to fix the "insular, fraternal culture," it has been a century in the making and complicated to change. The paper says that what is needed now is "a major re-education and re-training of the court's staff, along with strong oversight by the Justice Department that includes community participation" Read the editorial
The Partnership for Families, Children and Adults in Chattanooga has spent years working to help domestic violence victims navigate the often-confusing world of General Sessions and Circuit courts. Now a tougher sentencing measure for domestic violence, meant to deter abusers and protect these victims, is awaiting Gov. Bill Haslam's signature. The new sentencing law will, for the first time in Tennessee, require that a repeat domestic assault offender serve mandatory jail time. As many as 2,500 abusers statewide could face mandatory jail time in the first year alone, according to estimates. reported in The Times Free Press.
TBA, Supreme Court & Governor encourage Tennesseans to get involved
NASHVILLE, April 30, 2012 --Judges, lawyers and citizens across the state will be participating in various events tomorrow (May 1) to celebrate Law Day. The theme of this year's celebration is "No Courts, No Justice, No Freedom," which highlights the crucial role of courts and the need to foster a better understanding of the judiciary.
Child-pornography offenders are the focus of an intense debate as to whether the federal sentences they face have become too severe, the Associated Press reports. The U.S. Sentencing Commission plans to release a report this year that is likely to propose changes to the sentencing guidelines that it oversees. Some federal judges and public defenders say Congress has skewed the guidelines to the point where offenders who possess and distribute child pornography can go to prison for longer than those who actually rape or sexually abuse a child. Others oppose any push for leniency.
Gaylord Entertainment and Ashland City manufacturer A.O. Smith plan to file a lawsuit today against the federal government, alleging U.S. Army Corps of Engineers and National Weather Service negligence led to major damage to its luxury hotel during the Cumberland River flood two years ago. Gaylord wants $250 million for damages to its Gaylord Opryland Hotel and the Grand Ole Opry House, and A.O. Smith will seek $76 million because of damage to its water heater plant in Ashland City, said Nashville lawyer Bob Patterson, who is overseeing the legal action. The Tennessean has more
The Memphis Bar Association will hold its annual memorial service on Wednesday at noon at Calvary Episcopal Church. The service honors members of the bar who passed away during the last year. See the list of lawyers who will be honored.
A portrait of Judge Rita Stotts will be unveiled during ceremonies Friday at 2 p.m. in the south hallway of the Shelby County Courthouse, 140 Adams Ave. A reception will follow the ceremony. Judge Stotts was on the Circuit Court, Division IV, from May 2000 until her death in January 2009. All members of the legal community are invited to attend.
The 2012 YLD Annual Meeting & Elections will be held Friday, June 8, at 4 p.m. Central in Memphis at the Peabody Hotel. The hotel is located at 149 Union Avenue, Memphis 38103.
The American Bar Association Young Lawyers Division is holding its spring meeting in Nashville May 3-5 and will be hosting a Project Salute Clinic on Friday, May 4, from 2 to 4:30 p.m. The program, which is the group's primary public service initiative for the year, educates American veterans on the benefits available to them and helps them obtain those benefits. The program is being led this year by Tennessee's own young lawyer Matt Potempa.
For the first time in more than 20 years a new set of Judicial Conduct rules has been adopted by the Tennessee Supreme Court. Make sure you know what the new rules mean for you and your clients by attending this May 9 program in Nashville. The seminar will cover disqualifications/recusals, and offer an advanced overview of the amended code. Speakers include: TBA Task Force Chair T. Maxfield Bahner of Chambliss Bahner & Stophel, Task Force Reporter Sarah Y. Sheppeard of Sheppeard & Mynatt, and Task Force Member Lucian T. Pera of Adams and Reese LLP.
The law license of Chattanooga lawyer Lori Ann Spencer was transferred to disability inactive status on on April 26 by the Tennessee Supreme Court, pursuant to Section 21 of Tennessee Supreme Court Rule 9. Download the BPR release
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