News

Kirby Installation Ceremony Set for Next Week

The investiture ceremony installing Justice Holly Kirby as the newest member of the Tennessee Supreme Court will take place Sept. 19 from 10:15 to 11:15 a.m. in the historic courtroom of the University of Memphis School of Law. The school is located at One North Front St. Parking is available in Brinkley Plaza Parking Garage, 20 S. Front St., and Republic Parking Garage, 35 Monroe Ave. Seating in the courtroom, which is located on the third floor, is limited but overflow seating and live streaming will be provided in the Wade Auditorium and on the first floor. A reception following the ceremony will take place on the first floor. For questions, contact Laura Deakins, (901) 685-3951.

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Law Prof: Justices Shouldn't Believe Everything in Briefs

U.S. Supreme Court justices are increasingly citing in their opinions facts contained within friend-of-the-court briefs — a perilous trend, law professor Allison Orr Larson from the College of William and Mary says in a recent New York Times article. Some amicus briefs are careful and valuable, citing peer-reviewed studies and noting contrary evidence, while others cite more questionable materials. Some “studies” presented in amicus briefs were paid for or conducted by the group that submitted the brief and published only on the Internet. Others seem to have been created for the purpose of influencing the court. Over the five terms from 2008 to 2013, the court’s opinions cited factual assertions from amicus briefs 124 times, Larsen found. The trend is at odds with the ordinary role of appellate courts, which are not supposed to be in the business of determining facts. That is the job of the trial court, where evidence is submitted, sifted and subjected to the adversary process, the article notes.

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Justice Holder Retires, But Not Slowing Down

Tennessee Supreme Court Justice Janice Holder retired Aug. 31, but she isn't stopping or even slowing down. Read about her life as a lawyer, judge and justice, and what she plans to do now. Spoiler alert: It involves scuba, traveling, golfing, skeet shooting, welding, driving her 1964 red Corvair -- and staying involved in access-to-justice issues. Read the story in the September Tennessee Bar Journal. See the Corvair online, with more pictures in the print edition.

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TBA Co-Hosting Reception for 3 Jackson Judges

The TBA is joining with the Jackson Madison County Bar Association, the Anne Schneider Chapter of the Lawyers’ Association for Women and Memphis Association of Women Attorneys to host a reception for three appellate judges on Aug. 21 in Jackson. The event will honor Court of Appeals Judge Holly M. Kirby, who will step down from the court to take a seat on the Tennessee Supreme Court, as well as Judges Judge David R. Farmer and Alan E. Highers, who are retiring from the court at the end of August. The event will run from 4:30 to 6:30 p.m. at the Jackson Country Club, 31 Jackson Country Club Dr. For more information or questions contact Brandon Gibson with Pentecost & Glenn at (731) 668-5995.

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Governor to Swear In New Appellate Judge in Kingsport

Gov. Bill Haslam on Wednesday will give the oath of office to Judge Robert H. Montgomery Jr., who was appointed to the Court of Criminal Appeals Eastern Section last August. Montgomery, currently the Criminal Court Judge in Sullivan County, will replace Judge Joseph M. Tipton, who is retiring. The Investiture Ceremony will be held at 9:30 a.m. Wednesday at the Kingsport Renaissance Center Theater, 1200 East Center Street in Kingsport. A reception will follow. Call (423) 279-2732 for more information.

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Process to Select AG Now Open; Cooper Wants 2nd Term

The Tennessee Supreme Court today announced the application process for filling the position of state Attorney General and Reporter for the next eight years. Candidates should complete and submit an application and other required materials by noon Central Time on Aug. 29. The court will consider all qualified candidates and notify those who will continue in the selection process, which will include a public hearing in Nashville.The current Attorney General, Robert Cooper, said today he would seek a second term in office. In announcing his intentions Cooper said, “Tennesseans sent a clear message last week that they want an independent, nonpartisan judicial branch. That is how I have run the Attorney General’s office over the last eight years, and I am proud of our many accomplishments.” The Tennessean has more.

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TBA Co-Hosting Reception for 3 Jackson Judges

The TBA is joining with the Jackson Madison County Bar Association, the Anne Schneider Chapter of the Lawyers’ Association for Women and Memphis Association of Women Attorneys to host a reception for three appellate judges on Aug. 21 in Jackson. The event will honor Court of Appeals Judge Holly M. Kirby, who will step down from the court to take a seat on the Tennessee Supreme Court, as well as Judges Judge David R. Farmer and Alan E. Highers, who are retiring from the court at the end of August. The event will run from 4:30 to 6:30 p.m. at the Jackson Country Club, 31 Jackson Country Club Dr. For more information or questions contact Brandon Gibson with Pentecost & Glenn at (731) 668-5995.

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Federal Judge Rules California Death Penalty Unconstitutional

U.S. District Judge Cormac J. Carney ruled yesterday that California’s death penalty violates the U.S. Constitution’s ban on cruel and unusual punishment, the LA Times reports. Carney called the California death penalty system “dysfunctional," with the result being an inordinate and unpredictable period of delay preceding an actual execution.

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Justice Bivins Sworn in as Newest Member of Supreme Court

Judge Jeffrey Bivins was installed as the newest member of the Tennessee Supreme Court today (July 16) at the Franklin Theatre in downtown Franklin. Gov. Bill Haslam performed the swearing in. Photos by Allan Ramsaur.

Bivins Investiture

Judge Jeffrey Bivins is sworn in by Gov. Bill Haslam during ceremonies in Franklin.

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Police Stand Behind Retention of Justices

The Tennessee Fraternal Order of Police today announced support for fair and impartial courts and endorsed the retention of Chief Justice Gary Wade, Justice Connie Clark and Justice Sharon Lee. “A fair and independent judiciary is the hallmark of our three-part system of government,” Sgt. Robert O. Weaver said in a press release. “Appellate Court judges review the cases and apply the laws written by the legislature and enforced by the executive branch. Judges need to be able to perform their duties without being beholden to the political winds of the other branches.”

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Trial Courts Must Explain Summary Judgment Motions

In a unanimous opinion, the Tennessee Supreme Court ruled today that trial judges must explain why they are granting or denying a motion for summary judgment before they ask the lawyer for the winning party to prepare a proposed order. Saying that deciding a motion for summary judgment is a “high judicial function,” the justices found that requiring the court to state its grounds “promotes respect for the judicial system” and ensures the decision is “the product of the trial court’s own independent analysis.”

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Investiture Wednesday for Justice Bivins

A formal investiture ceremony to install Judge Jeffrey Bivins as the newest member of the Tennessee Supreme Court will take place Wednesday at 3 p.m. at the Franklin Theatre in downtown Franklin. The Administrative Office of the Courts announced on Friday that Gov. Bill Haslam will perform the swearing in. A reception will follow. The theater is located at 419 Main St.

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Investiture Set for New Supreme Court Justice Bivins

A formal investiture ceremony to install Judge Jeffrey Bivins as the newest member of the Tennessee Supreme Court will take place next Wednesday (July 16) at 3 p.m. at the Franklin Theatre in downtown Franklin. A reception will follow. The theater is located at 419 Main St. View the invitation and response card.

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Court Grants Review in 6 Cases

The Tennessee Supreme Court has granted review in six cases. Civil cases involve powers of attorney, comparative fault in Claims Commission cases, arbitration agreement enforceability, and motions for new trial. Criminal cases involve jury selection and impeachment by prior conviction. The Raybin Perky Hotlist offers a forecast of each case.

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Judge Stafford Honored with Portrait Unveiling

Judicial and other officials from across the state gathered at the Dyer County Courthouse yesterday to recognize the contributions of Tennessee Court of Appeals Judge J. Steven Stafford and witness the unveiling his official portrait. Stafford has been a member of the judiciary since 1993, first serving as 29th Judicial District chancellor in Dyer and Lake counties. He was named to the appeals court in 2008. The Dyer County Bar Association sponsored the portrait presentation. The Dyersburg State Gazette has more details and photos from the event.

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Judge Donald to Receive ABA Pickering Award

Sixth Circuit Court of Appeals Judge Bernice Donald will receive the American Bar Association’s 2014 John H. Pickering Award of Achievement during the group’s Annual Meeting in Boston this August. Donald, a native of Mississippi, worked for Memphis Area Legal Services and the Shelby County Public Defender’s Office before being elected the first female African-American judge in Tennessee. She later moved from General Sessions court to the U.S. Bankruptcy Court and the U.S. District Court for western Tennessee. She was appointed to her current position in 2010. In nominating Donald, California attorney Pauline Weaver wrote, “Judge Donald represents the best of the profession. She has consistently demonstrated the kind of integrity, legal ability, access to justice and public service that would make John Pickering proud.”

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Court to Review 1 Criminal, 2 Civil Cases

The Tennessee Supreme Court has granted review to two civil cases involving insurance benefits assignments and termination of parental rights, and one criminal case pertaining to due process concerns associated with kidnapping convictions. The Raybin Perky Hot List has a summary and forecast of each case.

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Law Prof: Court Rises Above Partisanship

For the first time since 1940, the U.S. Supreme Court has agreed unanimously on more than 66 percent of its cases throughout the term, Georgetown University law professor Neal K. Katyal writes in an opinion piece for the New York Times. Katyal notes that the figure still holds even if Monday’s remaining two cases are not unanimous. “Unanimity is important because it signals that the justices can rise above their differences and interpret the law without partisanship,” Katyal writes. “When the justices forge common ground, it signals to the nation the deep-seated roots of what the court has said and contributes to stability in the fabric of the law."

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Court Strikes Down Obama Appointments; Rules Against Protest Buffers

The U.S. Supreme Court has struck down President Obama’s three recess appointments to the National Labor Relations Board, the ABA Journal reports. In his opinion for the court today, Justice Stephen G. Breyer said Obama lacked the power to make the recess appointments during a three-day recess in January 2012 because the time period was too short. The Court also ruled today that a Massachusetts law banning abortion-clinic protests within a 35-foot buffer zone violates the First Amendment rights of protesters. Chief Justice John G. Roberts Jr. wrote the opinion for the court, which said the 35-foot buffer zone isn't narrowly tailored to carry out the state's aims of ensuring safety, preventing harassment and keeping clinic entrances free of obstruction. In a major decision yesterday, the Court ruled that police generally must get a warrant before searching the cellphone of a person who is arrested. Several more decisions are expected before the Court wraps up its session on June 30.

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Governor Names Panel to Hear Hooker Case

Tennessee Gov. Bill Haslam has appointed a special Tennessee Supreme Court to hear the case of Hooker et al v. Lt. Governor Ramsey et al. All of the court except Supreme Court Justice Janice M. Holder recused themselves from the case. Named to the special court are Oscar C. “Bo” Carr III of Glankler Brown in Memphis; Rosemarie L. Hill of Chambliss, Bahner & Stophel in Chattanooga; Thomas M. Hale of Kramer Rayson in Knoxville; and Melvin J. Malone of Butler Snow in Nashville.

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Court Issues 3 Rulings Today, Others on Tap for Thursday

The religious rights of corporations, the speech rights of abortion protesters, the president’s power to make recess appointments and the privacy rights of those under arrest are among the big issues still unresolved at the Supreme Court, the Associated Press reports. The justices handed down three rulings Monday and will decide more of the 14 remaining cases on Thursday. The story, carried by WRCB-TV Chattanooga, looks at some of the key cases that remain.

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Commission Recommends 5 for Criminal Appeals Court

The Governor’s Commission on Judicial Appointments met today in Nashville to interview and vote on candidates seeking to fill a vacancy on the Tennessee Court of Criminal Appeals following the appointment of Judge Jeffrey Bivins to the Tennessee Supreme Court. The panel recommended Circuit Court Judge Robert Lee Holloway Jr., Circuit Judge and Chancellor Larry B. Stanley Jr. and Circuit Court Judge Larry J. Wallace. In a rare move, the commission also sent two additional names to the governor “by acclamation.” The pair – Circuit Court Judge Timothy Lee Easter and District Public Defender Roger Eric Nell – previously were nominated for the Court of Criminal Appeals seat being vacated by Judge Jerry Smith. The governor has not yet named a replacement for Smith.

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Deadline Extended for Workers' Comp Board Vacancies

The Governor’s Commission for Judicial Appointments has extended the deadline for applications for three vacancies on the Workers’ Compensation Appeals Board to 4 p.m. CDT, June 4. Candidates ultimately chosen by the governor will fill one of three terms: two, four or six years. After the initial terms, each term will be six years and judges are limited to serving two terms. Learn more from the Administrative Office of the Courts. The commission will interview all qualified Workers’ Compensation Appeal Board applicants on June 10 in Nashville. The same day, the commission will also consider applicants for the Court of Criminal Appeals vacancy.

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7 Apply for Court of Criminal Appeals Vacancy

The Governor’s Commission for Judicial Appointments will consider seven applicants when it meets June 10 at Legislative Plaza in Nashville to select nominees for the Court of Criminal Appeals vacancy. The vacancy was created by the appointment of Judge Jeffrey Bivins to the Tennessee Supreme Court. The candidates are: Leslie Anne Collum, assistant district attorney general, Rutherford County; Timothy Lee Easter, Circuit Court judge, Williamson County; Robert Lee Holloway Jr., Circuit Court judge, Maury County; Roger Eric Nell, district public defender, Montgomery County; Larry B. Stanley Jr., Circuit Court judge and chancellor, Warren County; Russell Fletcher Thomas, attorney, Davidson County; and Larry J. Wallace, Circuit Court judge, Stewart County. The meeting will include a public hearing at 8 a.m.

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Investiture for Appellate Judge McBrayer Set for May 29

The investiture ceremony for the state’s newest Court of Appeals Judge, Neal McBrayer, will be held at the Capitol’s Old Supreme Court Chamber at 10:30 a.m. on Thursday. Gov. Bill Haslam, who appointed McBrayer to the court last year, will administer the oath of office. The Administrative Office of the Courts has more.

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