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TBA Law Blog          

Stay up to date with legal news in Tennessee by following the TBA Law Blog, featuring stories produced by the Tennessee Bar Association or collected from news sources.

An East Tennessee Republican filed an ethics complaint against House Minority Caucus Leader Mike Stewart, D-Nashville, claiming that Stewart used his questioning of the Tennessee Emergency Management Agency to benefit his law firm, the Tennessean reports. Rep. John Ragan, R-Oak Ridge, filed the complaint yesterday. Stewart questioned TEMA with regards to the Gatlinburg wildfires during a committee hearing, and his firm, Branstetter, Stranch and Jennings, is currently representing someone affected by the fire.

Sullivan County attorney Don W. Cooper was disbarred today by the Board of Professional Responsibility. The action is effective immediately. The board found that Cooper misappropriated funds while serving as co-executor, administrator and/or trustee in three separate estates and trusts. Cooper must pay restitution totaling $952,759.37.

There's still time to volunteer for the 2017 State High School Mock Trial Competition, which will take place March 17-18 at the Davidson County Courthouse in Nashville. This program is sponsored each year by the TBA's Young Lawyers Division, and features students from across the state competing. Volunteers needed include attorneys to score the teams, judges to preside over rounds and law students or legal staff to serve as bailiffs. Sign up on the TBA website.

Join us on March 29 for the TBA's Wedding CLE at one of Nashville's premier wedding venues, The Cordelle, with all the cake, mimosas and darling wedding mints you could want. Sessions will touch on a variety of nuptial-related considerations, such as what to do pre-wedding, tax planning, marital assests, adoption and more. Don't forget about those "tortes" and contracts for venues, photographers and entertainment that keep the guests happy! 
The U.S. Supreme Court ruled unanimously yesterday that the family of a Michigan girl with cerebral palsy can sue the girl’s school for banning her service dog, the ABA Journal reports. The court ruled that the family was not required to exhaust administrative remedies under the Individuals with Disabilities Education Act before filing a disabilities suit. The school banned the dog in 2009.
Four of the 81 people on a list of individuals who require a police escort in Memphis City Hall filed a federal lawsuit Wednesday against the city of Memphis, the Commercial Appeal reports. The suit seeks answers from the city about why people were included on the list, reasoning which the city has not yet revealed. Most of the names on the so-called “blacklist” are those of known political activists, which could put the city in violation of a federal decree.
Knoxville attorney William Mitchell Cramer died on Monday. He was 68. Cramer was a University of Tennessee law graduate. He served as assistant law director and deputy law director for the City of Knoxville, and went on to become a partner at the law firm of Norton, Spangler and Cramer before he retired. Memorials may be made to Salem Baptist Church Go Campaign or the National Parkinson Foundation. The family will receive friends from 6 - 8 p.m. on Friday at Salem Baptist Church, with funeral services to follow.
Students at Belmont University College of Law saw the Court of Appeals in action on Tuesday at an event sponsored by Belmont's Criminal Law Society. Students had a chance to not only see actual cases, but also got to hear judges on a panel discussion. The judges gave students advice on writing appellate briefs and presenting oral arguments.

The Tennessee Supreme Court is considering amending Rule 34, which deals with judicial records and requesting public records. The deadline for submitting written comments is March 24.
A Bradley County district attorney confirmed yesterday that he has been assigned to investigate former State Rep. Jeremy Durham, WBIR reports. Stephen Crump has been given the case, after Williamson County District Attorney Kim Helper requested a special prosecutor due to conflicts of interest between Durham and her office. 
The U.S. Supreme Court today ruled in favor of a death-row inmate whose expert witness testified he is more likely to be dangerous in the future because he is black, the ABA Journal reports. The inmate had been convicted in Texas in 1995 during a time in which a death sentence couldn’t be imposed unless jurors believed the convicted presented a future danger. Chief Justice John Roberts wrote the 6-2 majority opinion.
Legal Aid of East Tennessee and the Sevier County Bar Association will work together to again host a free legal clinic for the survivors of the Gatlinburg wildfires on Monday, Knoxnews reports. The clinic will take place at the conference center of the Greystone Lodge on the River, located at 559 Parkway, from 1 – 5 p.m. For more information, contact LAET’s Knoxville office at (865) 637-0484.
The office of the Tennessee District Public Defenders Conference will be moving effective Feb. 28. The new office will be located in the historic Castner-Knott building, 618 Church Street, Suite 300, Nashville, Tennessee 37219.
Opioid addicts facing criminal charges in Knox County will begin receiving injections to help them stay clean thanks to a new pilot program, Knoxnews reports. The program is called “Shot at Life” and is being overseen by Knox County District Attorney General Charme Allen’s office in cooperation with local law enforcement. The injections will be of the drug Vivitrol, which blocks the brain’s ability to feel pleasure from opioids.

Join your colleagues from across the state at the annual Estate Planning & Probate Forum on Friday. Speakers will address asset protection, ethics, legislation and other hot topics. Contribute to the discussion by submitting questions for our ethics and probate panels, email questions for the panelist here.

After the Legal Services Corporation was included in a “hit list” of programs named by the White House budget office, American Bar Association President Linda Klein issued a statement to express her staunch support of the program, The ABA Journal reports. Klein said that “our nation’s core values are reflected in the LSC’s work in securing housing for veterans, freeing seniors from scams, serving rural areas when others won’t, protecting battered women, helping disaster survivors back to their feet, and many others.”
East Tennessee lawmakers are pushing for Gov. Bill Haslam to include at least $25 million of the $1 billion in state surplus money to go to Gatlinburg wildfire relief, Knoxnews reports. Rep. Haslam said much of the surplus money is already targeted for other initiatives, but is looking at other options. A bill providing property tax relief to victims of the fires cleared a House committee today.
Rep. Martin Daniel, R-Knoxville, has changed the nickname of the proposed “Milo bill” after video surfaced of the legislation's namesake appearing to condone pedophilia, the Tennessean reports. Rep. Mike Stewart, D-Nashville, held a press conference asking Daniel to withdraw the bill after Milo Yiannopoulos’s comments came to light. Daniel did not pull the bill and instead renamed it the “Thomas Jefferson, Patrick Henry, Thomas Paine, & the MLK Jr.” bill.
Nashville General Sessions Judge Casey Moreland is taking a temporary leave from some of his work amid an ongoing judicial conduct investigation questioning how he runs his courtroom, the Tennessean reports. Moreland will continue hearing criminal cases, but will step back from his duties overseeing a drug court program as well as Cherished Hearts, an intervention court to help women involved in trafficking.
Memphis Police Department Director Michael Rallings denied that 81 people singled out for police escort in City Hall where targeted because of their political views, the Commercial Appeal reports. The American Civil Liberties Union confirmed in a statement today that it was investigating the list of names, which includes many local political activists, to determine whether it violates a 1978 federal decree forbidding political surveillance. Rallings said the list was created strictly for safety purposes.
Tennessee music producer T Bone Burnett said that federal laws governing music piracy are insufficient and “threaten to destroy” the music industry, the Tennessean reports. Burnett is joining others in providing comments that will be sent to the U.S. Copyright Office, which is reviewing the Digital Millennium Copyright Act. Burnett said that there are loopholes in the law that make it difficult for artists and those in the industry to stop piracy.
The February Bar exam is being administered today and tomorrow in Tennessee. The Tennessee Board of Law Examiners offices will be closed until Friday. 
The Napier-Looby Bar Foundation’s 13th Annual Barrister’s Banquet and Awards Program will be held Thursday evening. This year’s program will honor Richard Manson with the Z. Alexander Looby Lifetime Achievement Award, Mercedes Mynor-Faulcon with the Justice A. A. Birch Outstanding Service Award and Charles K. Grant and Joycelyn Stevenson with the J. C. Napier Trailblazer Award. The night’s events will be held at the Music City Center in Nashville, and begin with a cocktail reception at 6 p.m., followed by dinner at 7 p.m.
Legislation to impose non-partisan elections for judges and clerks in Davidson and Shelby counties was deferred two weeks by its Senate sponsor today. The TBA opposes the bill, and has said "the TBA opposes the imposition of any election process on selective counties, whether by removal of the current local option or by establishing a new method different from that generally applicable to other counties. The TBA favors statewide uniformity as to the authority of local jurisdictions to prescribe the methods of filling state trial court judgeships, county judicial offices and judicial clerk offices." The Nashville Post today also cited opposition to the bill from the Nashville Bar Association.
A man who fled the country after child rape accusations in 1994 is now free on bond, Knoxnews reports. Jahangir John Shafighi, who was accused of raping an 11-year-old girl in 1992 while attending graduate school at the University of Tennessee, was captured last year in Atlanta and nailed with a passport fraud charge, but was released on bond. Knox County Assistant District Attorney Joanie Stewart has fought to keep Shafighi behind bars to guarantee he will show up at trial in the rape case.