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 American Bar Association (ABA) has announced that the 2013 Law Day theme will be "Realizing the Dream: Equality for All." The event will commemorate the 150th anniversary of the Emancipation Proclamation and the impact that the Civil Rights Movement has had on equality under law. Law Day is celebrated each year on May 1 to foster greater appreciation for the law and greater understanding of the American judicial system. For talking points, planning ideas and other resources visit the ABA's Law Day homepage. Get started by downloading the 2013 Planning Guide. This year' guide features ideas and resources for putting on a successful Law Day program with information about planning an event, publicizing an event, organizing activities, and creating lesson plans. The 2013 version also offers a new iPad version and a PDF version that can be printed and distributed.
Chattanooga lawyer Hal Fredric Sherman Clements died on Saturday (Dec. 29). A memorial service will be held at St. Paul’s Episcopal Church at a date and time to be determined. The family suggests that memorials be made to The Tennessee River Gorge Trust, 535 Chestnut Street, Chattanooga, TN 37402, or online at www.trgt.org. Arrangements are by Heritage Funeral Home, 7454 East Brainerd Road, Chattanooga, TN 37421.
Private meetings aimed at settling the federal lawsuit over municipal school districts in the greater Memphis area are expected to resume with the end of the holiday season, reports the Memphis Daily News. All sides in the legal matter have met behind closed doors at least twice after U.S. District Court Judge Samuel “Hardy” Mays ruled in late November that the 2012 state law allowing Shelby County suburbs to create their own school districts violated the Tennessee Constitution.
A profile of Bradley County Juvenile Court Judge Daniel Swafford in today’s Cleveland Daily Banner sheds light on his background, the type of situations he faces while sitting on the bench and how he deals with difficult issues such as neglected or abused children and methamphetamine abuse. He touts the innovative ideas the county has adopted, including a juvenile drug court – one of just a few in the state – and a program that uses high school coaches to talk to kids in detention. Reflecting on his service, Swafford says, “I’m blessed to have this job, and I give my best effort every day. [But] I go home sometimes and worry and cry about the stuff I have to deal with. We try to save every family, but some families can’t do it, and you’ve got to move on.”
Raymond R. Murphy Jr., 76, of Lookout Mountain, Ga., died yesterday (Dec. 30) after a long battle with Parkinson’s disease. A graduate of the University of Michigan Law School, Murphy returned to the southeast to work for Spears, Moore, Rebman (now Spears, Moore, Rebman & Williams). He then joined Miller & Martin in 1963, where he became a senior partner focused on civil litigation and dispute resolution. His service to the bar included a term as member and president of the Chattanooga Bar Association Board of Governors; sitting on the board of Chattanooga Area Law Enforcement Commission; and being named a fellow of the American College of Trial Lawyers, the Tennessee Bar Foundation and the Chattanooga Bar Foundation. Funeral services will be held Thursday at the Lookout Mountain Presbyterian Church at 11:30 a.m. The family will receive friends beginning at 10 a.m. at the church. A private burial will follow at Forrest Hills Cemetery. The family reports that memorial contributions may be made to Lookout Mountain Presbyterian Church, Teen Challenge of the Mid South or Hospice of Chattanooga. Read a full obituary at Chattanoogan.com
Tennessee Gov. Bill Haslam will kick off his re-election bid with a reception Jan. 7 in Knoxville. He also has a fundraiser planned in Nashville sometime before Jan. 8 when the legislature goes into session. Though no primary opponent is expected, House Minority Leader and Ripley Democrat Craig Fitzhugh has said he is willing to be a candidates that Democrats could "rally around" at the top of the ticket in 2014. KnoxNews.com Columnist Georgia Vines reports
The Child Advocacy Center of Charlotte and the Courthouse Dogs Foundation recently joined together with Humphreys County court officials to discuss a new program in Waverly. Under the new program, Courthouse Dogs would assist and comfort sexually abused children while they go through forensic interviews and testify in court. The dogs are trained by organizations that are members of Assistance Dogs International. Experts say the dogs play two key roles in the courtroom -- making victims feel safe and less anxious, and reducing stress levels. Learn more from the Leaf Chronicle
A Connecticut attorney is requesting permission to sue the state over the Sandy Hook school shooting, saying his six-year-old client was left with emotional and psychological trauma because authorities failed to make the school safe. The attorney, Irving Pinsky, is seeking $100 million in damages on behalf of his client, a survivor of the shooting identified only as Jill Doe. The girl was at the elementary school during the attack and heard everything including gunfire, screaming and conversations over the intercom, Pinsky said. WCYB Channel 5 Bristol has this CNN report.
Murfreesboro attorney and La Vergne Municipal Judge Guy Dotson Jr. remained in critical condition at Vanderbilt University Medical Center Saturday after an accidental shooting while cleaning a gun, reports the Murfreesboro Daily News Journal. According to Murfreesboro police, officers were called to Dotson's residence Thursday night and found him lying on the floor with a gunshot wound to his abdomen. He told police he was going to clean a pistol when it accidentally discharged. Dotson, a Murfreesboro native, received his law degree from Memphis State University in 1987.
The ABA will commemorate the 50th anniversary of Gideon v. Wainwright on March 18 with events and public education programs that draw attention to the challenges facing the criminal justice system. The landmark Supreme Court ruling required state courts to provide counsel in criminal cases for defendants who cannot afford their own. For more information, contact Tori Jo Wible or Karyn Linn.
Knoxville attorney and former Tennessee Bar Association President Pamela Reeves has been appointed by U.S District Judge Tom Varlan to jointly mediate the class-action lawsuit linked to the 2008 Tennessee Valley Authority (TVA) coal ash spill at Kingston Fossil Plant. Some 872 plaintiffs are suing TVA over damages that are allegedly related to the spill, which fouled the Emory River and the surrounding Roane County countryside with 5.4 million cubic yards of coal ash. Reeves and Florida lawyer Rodney Max, who will serve as joint mediator, were both recommended by the parties in the case, the Knoxville News Sentinel reports.
Tennessee law enforcement in 16 counties across the state will be using the new “no refusal” law starting tonight, allowing them to get blood samples of suspected drunken drivers, the Tennessean reports. Previously, drivers could refuse a blood alcohol content test. The “no refusal” law, passed this year, allows police to seek search warrants for blood samples.
GOP women will outnumber their Democratic counterparts when the General Assembly convenes next month, the Tennessean reports. Republicans will hold a 12-11 advantage among female officeholders, though the female percentage of the party delegations still shows a Democratic advantage: one in nine GOP senators and representatives are women versus one in four for the Democrats.
Stanford Law School is establishing a new religious liberty law clinic with $1.6 million in seed funding from the Becket Fund for Religious Liberty, a Washington-based nonprofit that supports the free expression of religious beliefs regardless of faith, the National Law Journal reports. Administrators say it will be the first of its kind at a U.S. law school. "The point of a clinic is to teach professional skills to law students using real cases and live clients," director James Sonne said. "As our culture becomes more diverse, it's a great way for students to represent clients whose beliefs are different from their own."
Attorneys for Lemaricus Davidson, who was convicted of the torture slayings of Channon Christian and Christopher Newsom, are asking for a new trial due to outside influences on the jury during deliberations, WATE Knoxville News Channel 6 reports. In newly released, post-trial information, a juror blogged about his experience in 2009 during Davidson’s first trial stating the jurors had a “praise service” during the deliberations. Eight jurors believed Davidson should receive death, while four were unsure. The juror blogged that out of the five-plus hours spent deliberating, four hours were spent in prayer and reading the Bible. The judge will hear Davidson’s latest amended motions for a new trial on Jan. 10.
Members of the Chattanooga chapter of the American Inns of Court donated $11,250 to the Chattanooga Area Food Bank, the Hamilton County Herald reports. Most of the money was raised at an auction during the group's holiday party, with the rest coming from member donations. “Every dollar donated to the Food Bank buys five meals,” said Maeghan Jones, president of the Food Bank. “So, the Inn’s donation will allow us to provide 56,250 meals. I’m thrilled to know my colleagues in the legal community are so willing to give back by making sure their neighbors do not go hungry, especially during the holidays.”
State Sen. Roy Herron confirmed today that he is running for chairman of the Tennessee Democratic Party, the Tennessean reports. Herron, who decided to run after a family member’s health issue was resolved late last week, joins at least four other candidates for the position: Jane Hampton Bowen, Dave Garrison, Wade Munday and Ben Smith. The state party’s 72 executive committee members will decide on Jan. 26.
The Senate voted 73-23 today to reauthorize the Foreign Intelligence Surveillance Act (FISA), after rejecting amendments that would have required more disclosure of how the warrantless wiretapping program is used. The act was top legislative priority of the U.S. Department of Justice as a tool for collecting foreign intelligence, although it drew criticism from privacy groups such as the American Civil Liberties Union.
On Friday, the TBA’s Year End CLE Blast will feature Perry A. Craft giving a live presentation of the TBA’s Annual U.S. Supreme Court Review. The program will run from 9 a.m. to 1:15 p.m. In other rooms, video programs will offer sessions on ethics, malpractice, torts, bankruptcy, technology, government contracts and divorce alimony. See the full schedule for the day
Anderson County Circuit Clerk Tyler Mayes has proposed a new fee to be tacked onto court costs in criminal cases as a way to supplement funding for school security measures. As a former teacher, Mayes says the idea was always on his mind, but the recent massacre at Sandy Hook Elementary pushed him to pursue the concept. In a news release this week Mayes said, “This is a fee that I will passionately fight for.” Knox News has more.
