News

New Family Law CLE Videos Online

If you missed the TBA Family Law Section's annual family law forum, the sessions are now available online. Speakers focused on legislative updates, criminal implications in divorce and using digital evidence to win your case.

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Court Issues Order Amending Rule 40A

The Tennessee Supreme Court today issued an order amending Rule 40A of the Rules of the Supreme Court to remove “contested private guardianship cases” from the definition of “custody proceeding.” The court said that including guardianship cases in the definition is an apparent conflict with Rule 40A(6)(b) and Tennessee code section 34-1-107(d)(1). The court solicited comments on this proposed change between May 16 and July 15 but reports that it did not receive any comments.

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Judge Celebrates 1st Graduate of Trafficking Court

Davidson County’s sex and human trafficking court celebrated its first graduate this week, the Tennessean reports. For years, the woman was trafficked, sold to others for sex by her husband. She used drugs, leading to an addiction, and was stabbed several times during an attack. Instead of languishing in jail, she became one of the first participants in the Cherished H.E.A.R.T.S. intervention court, which provides resources and treatment to women who are arrested for crimes such as prostitution or drug offenses. A dozen women currently are participating in the program, which is overseen by Judge Casey Moreland.

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New Fee Could Fund Advocacy Centers

Two organizations helping victims of abuse may get additional financial assistance through a new fee assessed by the courts, the Tullahoma News reports. A Coffee County committee recently approved a $45 victims’ assistance fee to benefit the local Children’s Advocacy Center and Haven of Hope. The proposed fee would be collected from individuals convicted of or entering a plea of guilty to a crime that imposes a fine of over $500 and possible imprisonment. The county would keep $3 while the rest would be split between the groups. The full commission will vote on the issue in September.

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Celebration of Life Set for Johnson City Lawyer

The family and friends of Johnson City attorney Janie Lindamood will honor her memory on Sept. 11 at 4 p.m. at the Barn at Boone Falls, 1770 Old Gray Station Rd., the Washington County Bar Association announced today. Visitors are asked to use the entrance at 110 Kim Dr. The celebration will be casual and include live entertainment, food and beverages. Lindamood died Aug. 13 at the age of 65. In lieu of flowers, donations may be made to Coalition for Kids in Johnson City, which is part of the GoFund Me account set up in her name.

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Johnson City Lawyer Remembered for Mentoring Others

Johnson City attorney Janie Lindamood died Aug. 13 at the age of 65. She is being remembered by colleagues as a fierce advocate for the children she represented in court as a juvenile and family law attorney and as a generous mentor to young lawyers. Prior to becoming a lawyer, Lindamood worked as a hairstylist, as a florist and in healthcare administration. She earned her law degree in 1996 from the Oklahoma City University Law School. The family is planning a celebration of life next month. In lieu of flowers, donations may be made to Coalition for Kids in Johnson City, which is part of the GoFund Me account set up in her name. The Johnson City Press has more on her life.

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Court Square 2016 Debuts in Columbia

This year’s Court Square CLE series will launch Sept. 7 at First Farmers Bank in Columbia. Nathan Ridley, Jeff Carson and Roger Maness will address legislative updates, estate planning for digital assets and family law in mediation. Learn more or register online.

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Funeral Services This Week for LAW Founder

Nashville lawyer and TBA senior counselor Mary Frances Lyle died Saturday (Aug. 6). She was 80. A 1979 graduate of Vanderbilt University Law School, Lyle began her career lobbying the state legislature on behalf of the Nashville Women’s Political Caucus. During the 25 years she worked with the caucus, she helped draft and pass some of the most important legislation affecting women in Tennessee, including changes in alimony, maternity leave, sexual harassment and domestic violence law. Lyle also was a co-founder of the Lawyers Association for Women (LAW), Peace to End Abuse through Counseling and Education (PEACE) and Women in Business Inc. For many years Lyle operated her own family law practice but later joined Corley Henard Lyle Levy & Langford. Visitation will take place Friday from 1-6 p.m. at Horner-Roesch-Patton Funeral Home in Brentwood and Saturday from 9-10 a.m. at Christ Church Cathedral in Nashville. A time of remembrance with friends and colleagues will follow at 10 a.m. with the funeral service set for 11 a.m. Interment will be at Harpeth Hills Cemetery in Nashville. The Tennessean has more on her life.

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Washington County Family Justice Center Opens

Thursday marked the grand opening of the Family Justice Center in Johnson City, News Channel 11 reports. The center serves victims of domestic violence, sexual assault, and abuse, bringing victims’ services together under one roof, site coordinator Heather Brack said. Agencies with representatives at the center include the Johnson City Police, Washington County Sheriff, Safe Passage, a local domestic violence shelter, Sexual Assault Center of East Tennessee, Legal Aid of East Tennessee and the First Judicial District Attorney General’s office.

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State Leaders Participate in National Child Safety Initiative

Tennessee was one of eight states selected to participate in the Three Branch Institute to Improve Child Safety and Prevent Child Fatalities. The Florida event included sessions on identifying and assessing at-risk populations, parental substance abuse and opioid impact on child welfare. Attendees from Tennessee included Amy Coble and Michael Cull; Rep. John DeBerry Jr., D-Memphis; Sen. Ferrell Haile, R- Gallatin; and AOC Director Deborah Taylor Tate. The AOC has more.

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CASA Hosts Summer Wines Party

CASA of East Tennessee will host its Summer Wines Party Aug. 6 from 5:30 to 8:30 p.m. at the Brabham Home, 621 Scenic Dr., Knoxville, 37919. The evening will feature summer foods, chilled drinks, raffle prizes and live music. Tickets are $75 per person and $125 per couple and may be purchased on the group’s website. For sponsorship information, contact Britney Sink, 865-329-3399.

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Grants Available for Pro Se Litigant Initiatives

The AOC is seeking proposals for the development or continuation of initiatives that help divorcing, divorced or never married self-represented litigants resolve parenting and visitation issues in child support cases. The AOC reports it has approximately $200,000 in grant funding available for such efforts, which may include self-help centers, pro se clinics, unbundled legal services and mediation programs. To be considered, proposals must be received by the AOC by 4:30 p.m. Central Daylight Time on Aug. 12. Learn more or download the application.

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Lawyers Sought for Women’s Empowerment Conference

Volunteer lawyers are needed for an upcoming Women’s Empowerment Conference organized by Women Overcoming Many Battles Ministries, a faith-based nonprofit that seeks to help women overcome life’s challenges. The conference will take place July 30 from 10 a.m. to 1 p.m. at Mt. Lebanon Missionary Baptist Church in Nashville. Attorneys are needed to lead 15-minute presentations on child support enforcement and wrongful eviction and participate in a general question and answer session. Lawyers also are needed to provide brief legal advice in one-on-one meetings with the women. Those interested in helping should contact AOC Pro Bono Coordinator Patricia Mills, 615-741-2687.

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New Managing Attorney to Lead Legal Aid’s Gallatin Office

The Legal Aid Society of Middle Tennessee and the Cumberlands has promoted family law attorney Allison Cooley to managing attorney of its Gallatin office. Cooley has been serving in the organization’s Nashville office since 2011. She earned her law degree from the Charlotte School of Law. In her new role, she will manage a staff of four, including two other attorneys, and oversee services to low-income individuals in Macon, Smith, Sumner, Trousdale and Wilson counties. Read more about Cooley in this release.

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Journal Columns This Month: ADR, Crime, Mohammad Ali

Columns in the July Tennessee Bar Journal cover subjects from alternative dispute resolution all the way to boxing. Russell Fowler delves into the history of ADR in his column, "History's Verdict" and Wade Davies explains defining and limiting the community caretaking exception in his column, "Crime & Punishment." In "But Seriously, Folks!" Bill Haltom looks at the long, unlikely and complicated relationship between Mohammad Ali and the lawyer, Howard Cosell. Marlene Eskind Moses and Benjamin Manuel Russ update their "Family Matters" column that was published in May with new information after the General Assembly took action that significantly changed the advice rendered in that piece. Read "Legislative Actions Alter QDRO Advice."

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Fetal Assault Law Expires

A controversial law that charged new mothers with assault if they took opiates during pregnancy and their babies were born addicted has expired. Critics of the measure, including the ACLU and Addiction Campuses, argued that the law made women afraid to reach out for help. News Channel 5 has more.

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Disability Rights Tennessee Wants to Hear From You!

Disability Rights Tennessee has launched a survey aimed at gathering information from people with disabilities, family members, service providers and professionals to help shape the work of the organization.

The organization is looking for as much information as possible, so please feel free to share the survey with partners, colleagues and friends, so that an accurate picture of the needs of those with disabilities in the State of Tennessee can be compiled. Take the survey now. The deadline to respond is July 11.

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Judge Denies Parental Rights in Same-sex Divorce

A Knox County judge ruled today that in the case of a divorcing same-sex couple, only the biological mother would retain parental rights. The Knoxville News Sentinel reports that although Erica Witt and Sabrina Witt’s daughter was conceived via artificial insemination and born during the couple’s marriage, Judge Greg McMillan opined that the non-biological parent, Erica Witt, has no "contractual" relationship with the child. After making the decision, Judge McMillan put the divorce on hold to allow Erica Witt’s attorney to appeal to the Tennessee Court of Appeals. "Given the novelty of this issue, the court thinks it appropriate to see if the appellate courts want to address this," he said.

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Sullivan County to Establish Family Justice Center

The Sullivan County Commission approved accepting a non-matching $240,000 federal grant that will be used to establish a Family Justice Center for domestic violence victims, the Herald Courier reports. County District Attorney General Barry Staubus applied for the grant and needed the commission’s approval to accept the money, which will fund the services for three years beginning July 1. The center will provide victims of domestic violence with counseling, legal services, orders of protection and other services at one location. 

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Cupcakes for CASA Set for Friday

Dyer-Lake Court Appointed Special Advocates (CASA) will host “Cupcakes for CASA” this Friday from 5:30 to 7:30 p.m. at the Red Brick House on Lake Road in Dyersburg. Tickets are $20 each and are available in advance at First Citizens National Bank or Simmons Bank or the night of the event at the door. To learn more about the organization contact Wendy Smith. The State Gazette has more about the work of CASA.

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Williamson Judge Tosses Same-Sex Marriage Challenge

Williamson County Chancellor Joseph Woodruff has thrown out a suit seeking to overturn last summer’s same-sex marriage ruling, despite calling it one of the worst examples of courts “ignoring their proper role” and legislating from the bench. Nashville Public Radio reports that in a ruling made this week, Woodruff said plaintiffs could not prove they had been harmed by the Supreme Court’s decision. The move puts an end to one of two challenges filed in Tennessee by lawyer David Fowler. Another challenge is pending in Chattanooga.

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Cox-Wilhoit Honored at Greene County Courthouse

Pajan Cox-Wilhoit was honored Friday for her retirement after more than 28 years as a child support magistrate for the 3rd Judicial District. “She always treated litigants with respect and dignity,” Chancellor Douglas T. Jenkins said. Cox-Wilhoit practiced law until March 1988, when she was appointed to the position by the late Circuit Court Judge Ben K. Wexler, The Greeneville Sun reports

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Editorial: Improve Pay for Court-Appointed Attorneys

“Tennessee pays its court-appointed attorneys so little that it threatens to undermine the right of their clients to a fair trial.” A Knoxville News Sentinel editorial argues why the state must increase compensation for court-appointed lawyers, calling the current rate – $40 per hour for work outside the courtroom – “ridiculously low.”   The comments come after the Indigent Representation Task Force held a public hearing in Knoxville last week as part of the group’s statewide listening tour. 

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Judge Asked to Issue Warrant in International Custody Dispute

A pair of Memphis attorneys have asked Chief U.S. District Judge Tom Varlan to issue an arrest warrant for an undocumented immigrant, who is currently missing with her son. The request is on behalf of the boy’s father. Varlan last month ordered the mother, who was living illegally in Knoxville, to return the boy to Mexico in a rare case brought under The Hague Convention of 1980 International Child Abduction Remedies Act. Read more from the Knoxville News Sentinel

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Tennessee Consolidated Retirement System Recognition of Qualified Domestic Relations Orders

Recently adopted rules that go into effect July 1, 2016, will allow the Tennessee Consolidated Retirement System (TCRS) to implement recognition of Qualified Domestic Relations Orders (QDROs). TCRS has developed a form that may be used for these Orders. Find the form here.   

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