Tennessee Bar Journal

Mar 2015
Cover Story
David Hudson

“That no person arrested and confined in jail shall be treated with unnecessary rigor.” So reads Article I, Section 13 of the Tennessee Constitution, a provision that has appeared in all three Tennessee Constitutions, including the initial one in 1796.[1] Despite the strong language, the provision has not received extensive treatment in Tennessee....

President's Perspective
Jonathan Steen

Imagine, if you will, a small business owner working for the same rate of pay for the last 20 years. Overhead has gone up. The cost of living has gone up. In fact, according to the U.S. Department of Labor, in the marketplace, average hourly earnings have more than doubled in that time. Sounds like an episode of the “Twilight Zone,” but the sad truth is...

History's Verdict
Russell Fowler

“A good judiciary lends much to the dignity of a state and the happiness of a people. When on the contrary a bad judiciary involved in party business is the greatest curse that can befall a country.”[1]

— Andrew Jackson

Membership Maven
Kelly Stosik

Want to get in on the ground floor?!

I know you do…everyone does! It’s just that usually it’s not an option.

The TBA loves you and wants you to be happy! That’s why we have FIVE NEW SECTIONS where you can get in on the ground floor, be a leader, and be in the know right from the get go!

The exciting new sections are...

TBA People

The Association for Women Attorneys announced its new board officers in January. TBA members among them are: President-elect Lisa Gill, Vice President Diana Comes, Secretary Anita Lotz and board member at-large Laurie Christensen. New committee chairs also were named. TBA members among...


A bill to increase the rate court-appointed attorneys are paid to $100 per hour was filed Feb. 12 in the General Assembly.

Senate Bill 1009 and House Bill 1025 were introduced with bipartisan sponsorship in both houses, with Sen. Lee Harris, D-Memphis, and Sen. Steve Dickerson, R-Nashville, sponsoring the bill in the Senate and Rep. Mike Stewart, D...

Licensure & Discipline


The Supreme Court of Tennessee reinstated the law license of Shelby County lawyer John Robert Hershberger on Jan. 21. Hershberger had been suspended on May 30, 2014, for two years, with 60 days to be served on active suspension and the remainder on probation. On Dec. 15, 2014, Hershberger demonstrated that all...

Crime & Punishment
Wade Davies

The Tennessee General Assembly has passed a number of new statutes to preserve personal privacy as technology continues to intersect with criminal law.

A. Drones.

The Tennessee General Assembly took an early interest in the criminal law implications of the use of drones.[1] In 2013, the legislature passed the “Freedom from Unwarranted...

But Seriously, Folks
William Haltom

If you ask any lawyer to name his or her all-time favorite novel, almost every one of them will quickly respond, “To Kill a Mockingbird!” Similarly, if you ask any lawyer to identify his or her favorite movie, once again, their response will most likely be, “To Kill a Mockingbird!”

Well, there are actually a lot of lawyers whose response to the...