News

April Journal Has Insider's View to High Court

This month the Journal takes an inside look at the Tennessee Supreme Court, by former staff attorney Marshall L. Davidson III. Davidson, now presiding judge at the Workers' Compensation Appeals Board, writes about "unexpected discoveries about the justices, lawyers who appear before them, and pitfalls to avoid in navigating our state’s appellate judiciary." Also, read about the good work through restorative justice that Tennessee Youth Courts are doing, as well as who the TBA Young Lawyers' Division CASA Volunteer of the Year is. April is Child Abuse Prevention Month; learn more about related CASA events and resources. It's no April Fool -- you can read the April issue here.

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Nashville to Build Family Justice Center

The city of Nashville will build a Family Justice Center at the former Capitol Chevrolet dealership on Murfreesboro Road near Foster Avenue, WKRN reports. The center would house resources for both victims of domestic abuse and child abuse in one place. The domestic violence unit, youth services and the Nashville Children’s Alliance — currently located in different parts of the city — would likely all have space in the new center.

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Pay Raise for Court Appointed Work Set for Committee

The TBA bill calling for an increase in pay for court appointed attorney will go before the House Civil Justice Subcommittee next week. Sponsored by Rep. Mike Stewart, D-Nashville, HB1025 would raise compensation to a minimum of $100 per hour. The companion bill in the Senate, SB1009, is sponsored by Sen. Lee Harris, D-Memphis. It has been referred to the Judiciary Committee and is expected to be considered in the coming weeks. Court appointed attorneys have been working at the same rate since 1994 and have the lowest compensation rate in the nation. Use TBAImpact or contact subcommittee members directly to express your views.

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Retirement Celebration Set For CASA Director

Join CASA Nashville volunteers and staff on March 27 to celebrate Executive Director Jane Andrews’ retirement. Andrews has served CASA for nearly a decade, doubling the size of contributions and increasing reach to serve the more than 2,000 children in need in Davidson County. The event is at 601 Woodlands St. from 10 a.m. to 2 p.m.

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Juvenile Court Seeks Beds to Keep Kids Out of Detention

The Shelby County Juvenile Court is seeking money for more beds at Porter-Leath, a nonprofit organization that accommodates kids who can't go home but shouldn’t be detained. The bed shortage often finds kids locked in detention with some of the county’s worst juvenile offenders. In its fiscal 2015 budget request to the County Commission, court CAO and chief counsel Larry Scroggs said the court needs an additional $140,000 for alternative beds. The Commercial Appeal has more.

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Austin Peay Juvenile Justice Conference to Feature Gonzales

The 5th Annual Joint Conference on Juvenile Justice will feature Alberto Gonzales, former U.S. Attorney General and current Dean of Belmont University’s School of Law. The Montgomery County Disproportionate Minority Contact (DMC) Task Force in partnership with the Tennessee Commission on Children and Youth and the MerryInGOD Foundation will sponsor the conference, which will be held April 11 at the Morgan University Center on the campus of Austin Peay State University from 8:30 a.m. to 4:30 p.m. This event is free and open to the public. The Leaf Chronicle has more.

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YLD Produces New GAL Webcast

Thanks to the efforts of the YLD’s Children’s Issues and CLE committees, lawyers interested in learning more about serving as a Guardian ad Litem (GAL) can tune in to a TBA webcast on March 4 at noon Central.
The one-hour session “Guardian ad Litem: Managing Your Child-Client, Third Parties and Opposing Counsel” will look at the responsibilities of a GAL, offer best practices for developing a relationship with the child-client and cover tips for managing parents’ counsel and third parties such as the Department of Child Services (DCS), Court Appointed Special Advocates (CASA) and psychologists. Finally, the course will review the differences in rules governing GALs in juvenile and circuit cases. Register online to watch the webcast live.
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CAC Fundraiser to Feature Detroit Prosecutor

A conference and fundraiser for the Third Judicial District Child Advocacy Center (CAC) will be held Friday. “From Hope to Healing” will take place from 8:30 a.m. to 4 p.m. at the Crescent Office Building, at 615 W. Main St. in Mosheim. Assistant U.S. Attorney Kevin Mulcahy of Detroit will give the keynote address at 9 a.m. A survivor of child sexual abuse, Mulcahy will speak about his experience as both a victim and prosecutor of child exploitation cases. A panel discussion will follow Mulcahy’s remarks. For more information call (423) 422-4446 or email cacmosheim@etncac.org. The Greeneville Sun reports on the event.

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Juvenile Detention Rates Drop in Memphis

Admissions to the Memphis and Shelby County Juvenile Court's detention center have decreased more than 65 percent since 2012. According to the Memphis Flyer, the drop is solely attributed to the area's implementation of the Juvenile Detention Alternative Initiative (JDAI). The goal of the program is to reduce the number of juveniles detained for misdemeanor offenses, like domestic assaults, and place emphasis on felonies. In addition to reducing detainment, JDAI also seeks to reduce racial and ethnic disparities affecting African Americans in the juvenile justice system.

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Concubines and Dead Partners? TBJ Has Them This Month

The Standard of Clear and Convincing Evidence has never been so interesting, as when Judge Tom Wright and Ben Welch write about it, using concubines and dead partners as examples, in the February Tennessee Bar Journal. Also in this issue, Monica J. Franklin explains the ABLE Account, an alternative to special needs trusts, and Edward G. Phillips and Brandon L. Morrow delve into wage and hour issues in the high court. Bill Haltom has in mind a perfect Valentine's gift for the lawyer on your list.

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CSI Actor Speaks on Youth and Justice Issues

Film, television and stage actor Hill Harper will speak on “Youth and Justice” at East Tennessee State University this Thursday, WJHL reports. His free public lecture will begin at 7 p.m. in the D.P. Culp University Center’s Martha Street Culp Auditorium. Perhaps best known as coroner Dr. Sheldon Hawkes in “CSI: NY," Harper now stars in the USA Network spy drama “Covert Affairs.” Off the screen, he has founded the Manifest Your Destiny Foundation, which is dedicated to empowering underserved youth through mentorship, scholarship and grant programs. He holds a law degree from Harvard as well as a master’s degree from the university’s Kennedy School of Government.

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Children’s Advocacy Center and Family Justice Center Joining Forces

The Children’s Advocacy Center of Hamilton County has formalized a partnership with Chattanooga’s Family Justice Center, News Channel 9 reports. In a letter of intent submitted to the city, the advocacy center says it will “co-locate and lease approximately 10,000 square feet at the Family Justice Center facility.” “We are incredibly excited to have a leading organization such as the Children’s Advocacy Center partner on this important initiative,” said Mayor Andy Berke. “Their commitment and willingness to collaborate will produce maximum impact in the community’s effort to address family violence.”

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Should Vaccination Be a Choice?

The question of whether parents should be forced to vaccinate their children spilled into the 2016 presidential race this week as potential Republican contenders Kentucky Sen. Ran Paul and New Jersey Gov. Chris Christie defended and clarified comments they made expressing support for voluntary immunizations. A review of state laws, however, shows that parents already have a fair amount of freedom in deciding whether to vaccinate their children. Every state requires school-aged children to receive certain vaccines, but many states also carve out exemptions — some broader than others — that give parents the choice to opt-out. The Wall Street Journal law blog has more.

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Nonprofit's Role Unclear with New Chattanooga Family Justice Center

With the opening of the new Chattanooga Family Justice Center later this year, the role of the Partnership for Families, Children and Adults is no longer clear, WDEF reports. Established 137 years ago, the Partnership is a non-profit group that deals with family violence, elder abuse and human trafficking. It already offers most of the same crisis one-stop services at its downtown location that the new Family Justice Center will offer. The city's goal with the new facility is to also offer those in crisis one-stop service, but the question arises: what role will Partnership will play?

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Shelby Juvenile Court to Report on Progress

The Juvenile Court of Memphis & Shelby County will hold a public forum Wednesday from 5 to 7 p.m. to update residents on its progress in meeting the goals of the U.S. Department of Justice’s Memorandum of Agreement, which is designed to address issues such as the disparate treatment of black youths, the high number of youth transferred to adult court, and due process rights violations. The meeting will take place at the Memphis Public Library on Poplar Ave.

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Overspending on Juvenile Court Leads to State Audit for Greene County

The Tennessee Comptroller of the Treasury discovered that Greene County’s expenditures exceeded its appropriations in various funds, including juvenile services. The county anticipated spending around $112,000 but instead spent $170,000. General Sessions Court Judge Kenneth Bailey Jr. said the fund went over in fiscal year 2013- 2014 because of extreme cases and housing more juveniles at the Johnson City Juvenile Detention Center for $189 per day. The Greeneville Sun has more.

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Antioch High Launches Youth Court

Davidson County Juvenile Judge Sheila Jones Calloway today swore in 30 Antioch High School students who will run the school’s new youth court. The move marked the end of a yearlong effort to launch a youth court at the school. There are now four youth courts in the county, including Cane Ridge, Whites Creek and McGavock high schools. The courts are supported by the Tennessee Bar Association, Metropolitan Nashville Juvenile Courts, Metro-Student Attendance Center and the MNPS Student Services Division. Read more about the Antioch program.

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New Years Polar Bear Plunge and 5K to Benefit Children’s Advocacy Center

The Children's Advocacy Center of the First Judicial District will host the Polar Bear Plunge and 5K on New Year’s Day, WJHL reports. You can start your New Year's resolution with an icy cold dip in the pool at the Wellness Center in Johnson City. Registration begins at 7:30 a.m. and the race starts at 9 a.m. All proceeds benefits the center.

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Court to Consider Ban on Lifetime Sentences for Juveniles

The U.S. Supreme Court today said it would decide whether its 2012 decision prohibiting mandatory sentences of life without parole for juvenile murderers under the age of 18 at the time of their crimes is retroactive. After turning away a number of cases raising the retroactivity question since its decision in Miller v. Alabama, the justices agreed to hear arguments by George Toca, who was 17 in 1984 when he accidently shot his best friend during a botched armed robbery. The National Law Journal has more (sub. req.).

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Christmas 5k Benefits Child Abuse Advocacy Group

The annual Music City 5k Christmas Run will be held Dec. 13 at Public Square Park in Nashville. Presented by Kinnard, Clayton, & Beveridge law firm, the Run/Walk is one of Prevent Child Abuse Tennessee’s primary fundraising events, which helps support programs and services that assist in preventing child abuse and neglect.

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Broken Elevator at Juvenile Court Raises Safety Issues

Problems at the Juvenile Justice Center in Memphis are causing big safety issues for law-enforcement, WREG reports. The secure elevator used to bring detainees up from the garage area hasn’t been working for months so law enforcement officers have to walk them up two flights of stairs, which means a need for added security. Detainees with handicaps or injuries who cannot take the stairs now have to be taken up on the public elevator, adding even more safety concerns. The hydraulic system, which was put in during the 1983 construction phase, will cost the center about $60,000 to fix.

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Johnson City Awarded Family Justice Center Grant

Johnson City was awarded a three-year, $240,000 grant to establish a Family Justice Center for Johnson City/Washington County by the state's Office of Criminal Justice Programs, WJHL reports. The grant will be used to help reach the goals of Gov. Bill Haslam's Public Safety Action Plan to reduce the number of domestic violence incidents locally by establishing a Family Justice Center, a model that brings together a multi-disciplinary team of professionals under one roof to work together to provide coordinated services to family violence victims. According to the press release, Tennessee currently has two established Family Justice Centers, one in Knoxville and one in Memphis.

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Youth Detention Likely an Issue at Budget Hearings

Gov. Bill Haslam began hearing from state agencies yesterday on their budget requests according to the Memphis Daily News. Among the first to meet with Haslam were representatives from the Department of Children’s Services (DCS), which has come under fire recently for rioting and escapes at one of its youth detention facilities. According to Fox 17 News, DCS Commissioner Jim Henry testified that he has ordered 144 locks to be installed at three facilities, though the agency is still in the process of getting legal authority to confine teens to certain areas. Critics of the current leadership say a better ratio of guards to teens is needed, which means an increase in funding for staffing. Everette Parrish, an attorney appointed to defend the civil rights of youths at Woodland Hills, says, “Without more budget, you will not see change … It’s paramount that they have more funding.”

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Juvenile Clerk, Judge at Odds Over Order

Shelby County Juvenile Court Clerk Joy Touliatos filed a petition Friday against Juvenile Court Judge Dan Michael, the Commercial Appeal reports. She is asking the court to dismiss Michael’s Nov. 14 order that she “provide services normally provided by clerks of the court,” which would include recording all proceedings, producing minutes of the court and ceasing “any and all destruction of files.” Touliatos is claiming that the order is “unlawful” and “overreaching,” arguing that the mandates are either contrary to state law, contrary to county attorney opinions or already being performed. Touliatos also says she “fears the immediate and irreparable harm of facing contempt charges for not complying.” A hearing is set for Dec. 5.

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DCS Considers Transferring Teens to Texas Facility

The Department of Children's Services is exploring the possibility of transferring 12 teenagers who were involved in the recent disturbances at Woodland Hills Youth Development Center to a Texas facility, Fox 17 reports. In September, Woodland Hills had two sets of escapes beyond the perimeter fence. All youth have since been returned to custody, although some had since turned 18 and are being charged as adults. The department said transferring some of the teens would balance community safety and the youths' educational and therapeutic needs. If approved, the first transfer of three teens could begin within two weeks.

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