Tennessee Bar Journal

Feb 2016
Cover Story
Joseph Jarret

It is a law that has its roots in the Tennessee Constitution and has the tendency to vex defendants and attorneys alike. It is a law that can end the political careers of public officials for conduct ranging from voluntary public intoxication and illegal gambling to the all-inclusive, ever elusive offense of “moral turpitude.”[1] It is Tennessee’s Ouster...

President's Perspective
William Harbison

A few years ago, my partner John Farringer loaned me a book titled Contempt of Court: the Turn-of-the Century Lynching That Launched a Hundred Years of Federalism. The co-authors are Mark Curriden and Leroy Phillips Jr. The book is about a case originating in Chattanooga that ended up in the United States Supreme Court and resulted in the only...

Letters of the Law
Thomas Wright

More References on Clear and Convincing Evidence

I co-authored an article published in the February 2015 Tennessee Bar Journal  (“Concubines, Dead Partners and the Standard of Clear and Convincing Evidence”) regarding the standard of clear and convincing evidence in civil cases. On March 23, 2015, I wrote to advise you that the...

Senior Moments
Monica Franklin

Planning for disability and end-of-life decisions is getting more media attention than ever before. I have asked my friend, Dr. Greg Phelps, the hospice medical director for the University of Tennessee Medical Center, if he would write an article about developments in advance care planning, and the intersection between law and medicine. What...

TBA News

Court of Appeals Judge D. Michael Swiney was selected by judges of the 12-member court to be chief judge for a term of one year in January. Swiney, of Knoxville, was appointed to the Court of Appeals in 1999 by then-Governor Don Sundquist. He was elected to the bench in August 2000 and re-elected in 2006 and 2014.
“I am honored to...



On Jan. 7 Gov. Bill Haslam appointed Roger Amos Page to the Tennessee Supreme Court, replacing Justice Gary R. Wade, who retired in September. The Madison County attorney has been a judge on the Tennessee Court of Criminal Appeals since his appointment by Haslam in December 2011. He previously served as a circuit...

TBA People

TBA Senior Counselor and Bartlett Municipal Judge FREEMAN MARR died on Dec. 17, 2015. He was 91. Marr was licensed to practice in Tennessee in 1948 and served on the bench for 46 years. He was an accomplished track star and was inducted into the Athletic Hall of Fame in 1997 at Rhodes College. Marr served as the head men’s track coach at...

Licensure & Discipline



The Law at Work
Edward Phillips

In days of old, no police officer’s uniform would have been complete without the quintessential whistle that was utilized as a precursor of sorts to the modern-day siren. Nowadays, it appears that police officers are blowing another sort of whistle. In the last year, at least three whistleblower actions against city police departments made their way...

But Seriously, Folks
William Haltom

He was a country lawyer from the booming metropolis of Charleston, Arkansas. He was the best lawyer in Charleston. He was the only lawyer in Charleston. From the title of his wonderful autobiography, he was “the best lawyer in a one-lawyer town.”

He was a trial lawyer who could move juries to tears with his oratory.

On Jan. 21, 1999, this old...