News

Judge Adds Unusual Procreation Condition to Probation

Wisconsin judge Tim Boyles of Racine County has prohibited a man who owes $50,000 in child support and $40,000 in interest from fathering any more children as a condition of his three-year probation, unless he can show ability to pay. The U.S. Supreme Court denied cert in a similar case in 2001. The ABA Journal has the story.

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Justices Hold Private Meeting Over Gay Marriage

U.S. Supreme Court justices were to meet privately today to begin discussing if they will accept any of 10 pending cases testing whether the constitution offers a fundamental right of marriage to homosexuals. According to court observers, three separate issues confront the justices: federal benefits, state benefits and state referendums. If they agree to hear any of the cases, oral arguments could be held in March with a ruling by late June. WCYB Channel 5 has this story from CNN.

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DCS: Child Tracking System to be Fixed by June

Glitches in a computer system that have hampered the work of the Department of Children’s Services (DCS) should be fixed in the next seven months, officials told lawmakers on Monday. At a hearing before the Fiscal Review Joint Committee, department heads blamed glitches in the Tennessee Family and Child Tracking System for problems in paying foster parents, producing statistics on child abuse and accessing information on children in state custody. The committee approved money to address the problems. Meanwhile, DCS has asked the attorney general to consider whether legal action is merited against Dynamics Research Corporation, the company that designed the software program. The Tennessean reports

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CASA Nashville Hires New Development Director

CASA Nashville has hired Patience Long, former manager of development for a large Illinois hospital chain, as its new development director. As manager of major gifts and the annual fund for Advocate BroMenn Medical Center, Long orchestrated a $10 million capital campaign, soliciting donations from individuals and corporations. She also previously was director of fundraising and special events for Gilda’s Club, a nonprofit cancer support group. Learn more about Tennessee CASA and its Nashville program here.

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Family Law Forum to Offer Credit for Mediators, Too

The TBA Family Law Section's annual Family Law Forum is tomorrow from 8:30 a.m. to 4:30 p.m. at the Tennessee Bar Center. The centerpiece will be presentations on two issues of critical importance to family law attorneys. Mark Sullivan, a nationally renowned military divorce and family law expert, will present three modules on the special concerns that arise when one or both parties are serving or have served in the Armed Forces, from dividing military pensions, to military benefits, to unique parenting issues. Dr. Kathryn Steele will provide an extensive review of the role of neuropsychology in family law, how to use psychological tests and reports to bolster your own case and attack the other side’s position. In addition to offering five hours of general and one hour of dual CLE credit, CME credit for Rule 31 mediators will also be offered. For more information, visit TennBar U.

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CLE Programs Underway Across State

The Tennessee Bar Association will host continuing legal education programs across the state this week. Avoid Malpractice: The Risks and Opportunities of Social Media will be held Tuesday in Knoxville, followed by sessions in Nashville on Wednesday and Memphis on Thursday. Also on Thursday, the Family Law Forum will take place at the Tennessee Bar Center in Nashville and on Friday, the TBA's Dispute Resolution Section will host Getting the Arbitration Process You Want and Need, also in Nashville. A webcast on Jumpstart Our Business Startups (JOBS) Act: More Small Business Capital in Tennessee? will also take place on Friday at noon.

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Suspension Lifted for Texas Judge Filmed Beating Daughter

The Texas Supreme Court has lifted the suspension of Aransas County Court-at-Law Judge William Adams, who was shown on video beating his then-16-year-old daughter with a belt for illegally downloading music. Adam’s older daughter uploaded the video to Youtube last year, but since the video was from 2004, the Aransas County district attorney said too much time has passed to bring criminal charges. News Channel 9 has the story.

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New Davidson County Juvenile Judge to Be Sworn in Next Week

The newest Davidson County Juvenile Court judge, Sophia Brown Crawford, will be sworn in at 4:30 p.m. Nov. 14 at the Juvenile Justice Center on Woodland Street in Nashville. Crawford was appointed by the Metro Council on Oct. 16 to complete the term of Judge Betty Adams Green, who retired in September. Crawford was appointed to the bench as magistrate in 2002 by Green and has presided continuously since that time. Prior to her appointment, Craword spent 14 years in private practice with a focus on family and juvenile law. During that time, she was appointed as a contract attorney by the governor to prosecute termination of parental rights cases for the state Department of Children’s Services for 14 counties.

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Comments Sought on Parenting Plan Pro Se Form

For almost two years, the Parenting Plan Subcommittee of the Supreme Court’s Access to Justice Commission has been working on a plain language version of the Permanent Parenting Plan. The TBA's Family Law Section and Access to Justice Committee also have been involved in the process. The project is now in its final stages and comments are being solicited from practioners. Interested lawyers may review the draft parenting plan form, instructions and tips for familes online. Comments and suggestions should be submitted by Oct. 31 to Claudia Lewis by email at claudia.lewis@tncourts.gov or by fax at (615) 741-6285. 

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Court Grants Review of 3 Cases

The Tennessee Supreme Court recently granted review of two criminal cases that address retroactivity of a new rule regarding guilty pleas in certain sex offender cases and the sufficiency of evidence in an attempted murder case. A civil case accepted concerns the standard of review in modification of domestic relations Permanent Parenting Plans. The Raybin Perky Hotlist reviews the cases and predicts how they may be decided.

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State to Spend $3.96 Million to Fix DCS Computer System

The Department of Children’s Services (DCS) has identified more than 1,700 defects in its computer system, the Tennessee Family and Child Tracking System. The system, which has been in place since 2009, is said to account for a multitude of DCS problems such as skipped payments to foster parents and failure to identify children's abuse histories. The $27 million system will cost the state $3.96 million to fix. The Tennessean has the story

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Imprisoning Juveniles at Issue in Appeal Against Knox Judge

Knox County Juvenile Court officials have locked up more than 140 children over the past four years for truancy, two lawyers claim in an appeal on behalf of four teenagers. All four either went to juvenile detention or ended up on probation, threatened with jail, for failure to attend school. Lawyers Dean Hill Rivkin and Brenda McGee argue Juvenile Court Judge Tim Irwin's handling of the cases violated Tennessee law and the children's Constitutional rights. Rivkin, a professor at the University of Tennessee College of Law, and McGee want to expand their case into a class action to cover other teens they believe were jailed for truancy. The News Sentinel has the story

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Bradley County Hosts Annual Walk in Memory of Child Abuse Victim

On Oct.11, the Court Appointed Special Advocates (CASA) of Bradley County will host its third annual Moonlight Walk in memory of Melisha Gipson, a four-year-old Cleveland girl who died tragically in 1976 from child abuse. The case gained national exposure and resulted in increased child abuse laws in Tennessee and across the country, the Chattanoogan reports.

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Court: Don't Lie About Who Child's Father Is

The Tennessee Supreme Court today upheld a trial court’s damage award against a mother who misled her boyfriend by telling him he was the child’s father when he was not. In its ruling, the court stated that an intentional misrepresentation claim, which is already recognized in Tennessee’s courts, is broad enough to apply to circumstances where a mother intentionally misrepresents the parentage of her child. Learn more about the case

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'Celebrate Pro Month' to Offer More Than 50 Events

Today kicks off Celebrate Pro Bono Month in Tennessee. In its fourth year, the initiative brings together bar associations, law schools, law firms, legal services providers and individual lawyers to offer free services to those unable to afford a lawyer. This year, more than 300 volunteers -- including lawyers, law students, paralegals and language interpreters -- are expected to participate in dozens of events and activities across the state. Here is what's on tap for Tuesday:

• Legal Aid of East Tennessee hosts a Seniors Education and Outreach Program at noon at 535 Chestnut St., in Chattanooga. Contact Charlie McDaniel for more information.

• The Nashville Pro Bono Program and lawyers from Waller will staff an Assisted Pro Se Divorce Clinic at the Nashville office of the Legal Aid Society of Middle Tennessee & the Cumberlands. Clients should arrive at 4:30 p.m. for the clinic that runs 5 to 7 p.m. For more information, contact Lucinda Smith.

• The Nashville Bar Association hosts its monthly Dial-A-Lawyer program, where volunteer lawyers answer questions from anyone calling (615) 242-9272 from 6 to 8 p.m. For more information contact Wendy Cozby.

• The Nashville Pro Bono Program, with lawyers from Community Health Systems and the Williamson County Bar Assocation, will provide advice/counsel and referral to people with low incomes at the Williamson County Public Library, 1314 Columbia Ave., Franklin. Clients should arrive at 5:30 p.m. for the event that runs from 6 to 7:30 p.m. For more information, contact Lucinda Smith.

See more than 50 events planned for the month here.

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Accusations Fly Over Agency's Failure to Report Child Deaths

Former Legislative Director Aaron Campbell says he personally briefed Department of Children's Services (DCS) Commissioner Kate O'Day about her responsibility to inform lawmakers of each child fatality and near-fatality in the state — which DCS now acknowledges it has not done in nearly two years. The agency last week released partial information about 31 children who died in the first six months of 2012. The children had all either been in state custody, the subject of an open DCS investigation or had been investigated but whose cases had been closed before they died. DCS lawyer Douglas Dimond conceded that the agency had been violating the law in its requirements to report child deaths. The Tennessee has the story

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Demolition Derby to Benefit CASA

Court Appointed Special Advocates (CASA) of Cumberland County will have a demolition derby Oct. 6 to benefit its work. According to program director Lee Chiomos, it costs $950 per child per year to have a CASA volunteer. In 2011, the group had 13 advocates working with 41 children in Cumberland County. Chiomos said that number could be doubled if there were enough volunteers, but funding is needed to provide the extensive training necessary. Donations of food for concessions and sponsorships are needed, as are volunteers to work at the event, which will be at the Cumberland County Community Complex at 6:30 p.m. Learn more from CASA and The Crossville Chronicle

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Poster Campaign: Domestic Violence Awareness

The Knoxville Family Justice Center released the second in a projected line of eight posters as part of a domestic abuse public awareness campaign, Knoxnews reports. The poster claims more people died in 2010 from family violence than during the flood that ravaged the state the same year. The center will partner with more than 60 other organizations during the two-year initiative to help combat domestic violence.

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Documentary: Kids Tell What Not to Do in Divorce

A guide for divorcing couples called "Don't Divorce Me! Kids' Rules for Parents on Divorce," debuts next week on HBO. The half-hour documentary tells about divorce from the kids' point of view. The messages include "Tell me it's not my fault," "Don't put me in the middle," and "Don't take your anger out on me." WBIR has details

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Maryville Law Firm Lost to Fire

The building that housed the Maryville law firm of Gribble, Carpenter & Associates burned in a fire last week, and the firm -- comprised of William (Billy) Gribble, Charles Carpenter, Keith Edmiston, Stanley Barnett, Alan Waller and Casey Daganhardt -- have reopened the office at 118 Parliament Dr., Maryville 37804. Donations of law books, especially the Tennessee Practice Series, and other resources like Raybin on Criminal Procedure or Garrett on Divorce, are needed. Contact Billy Gribble at blountlaw@yahoo.com or 865-936-3060 if you can help. Members of the firm say they have already received much support, which they appreciate very much. They are still actively handling cases and will be working over the next few weeks to reconstruct client files.

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Federal Domestic Abuse Legislation to Expire

Money for groups that help domestic abuse victims will be drastically cut if legislation to renew the 1994 Violence Against Women Act does not pass, WATE.com reports. Amy Dilworth, a representative from the Knoxville Family Justice Center, said the group would lose “several hundred of thousands of dollars” used to help local abuse victims unless Congress acts.

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Balkwill is New CASA Association President

Kevin Balkwill, disciplinary counsel in the Litigation Division of the Board of Professional Responsibility, is the new president of the Tennessee CASA Association. Meagan Frazier Grosvenor steps down from the position after serving two years.

New TBJ Covers Arbitration, Divorce, Wrongful Death Proceeds

Don't miss the September Tennessee Bar Journal, featuring two articles on arbitration. One, by Adam Eckstein, explores when Rule 31 and the Tennessee Uniform Arbitration Act meet; the second, by Shelby R. Grubbs and Glenn P. Hendrix, unveils a new international concept for arbitration services. Columnists Marlene Eskind Moses and Beth A. Townsend give you ideas for finding hidden assest in divorces, and John A. Day discusses distribution of net proceeds in wrongful death cases. Humor columnist Bill Haltom pays tribute to a queen and a princess -- Pat Summitt and the influence she has had on his daughter and many other girls. President Jackie Dixon speaks out about merit selection. You probably already have it in hand, but you can also read it online here

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Robertson Judge Recuses Self in Sexual-Abuse Custody Case

Robertson County Circuit Judge Ross Hicks recused himself today in a matter involving a mother who defied his court order, going on the run with her son instead of turning him over into the custody of his father, who she believed was sexually abusing the boy. At the time, an 11-person state investigative team had decided that William Cone, the boys' father, was doing just that but in Hicks' court, Georgia Dunn lost primary custody. Cone was arrested and charged with rape of a child last week, and now Dunn has surrendered to police. Tomorrow she will be back in court to determine whether the felony she is charged with will stand. WSMV reports

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CASA Volunteers Have Emotional Job

The Jackson Sun looks at the 31 CASA volunteers who work with Judge Christy Little in the Madison County Juvenile Court System. Shannon Stewart, executive director of Madison County CASA, said the program does not get involved with a child unless Little has referred the case to CASA workers. “It’s a mix of happy and sad,” Little said of the process that can at times be "emotional roller-coaster" for her and case workers because of the horrific situations children have faced.

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