Press distorted spending, Legal Services agency says

Two press reports provided "a distorted picture of LSC's administrative expenditures," the Legal Services Corp. said today in a response to stories by the Associated Press and CBS Evening News. Those stories said that LSC board members spent agency funds on frivolous and extravagant purchases. The LSC says that just four percent of its budget goes for administrative costs, with only one-tenth of one percent being used for board expenses. In a written critique of the press reports, the LSC writes, "As a matter of principle, we are committed to being a careful and frugal steward of taxpayer funds -- we have strict policies in place to ensure LSC funds are spent wisely and appropriately." The full response, available below, includes a point-by-point rebuttal to claims made in the reports.

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

Corrected Case with Dissenting Opinion

Court: TWCA


Richard A. House and Larry Williams, Nashville, Tennessee, for Appellant, James A. Whited.

Kitty Boyte and Kenneth M. Switzer, Nashville, Tennessee, for the Appellee, Nissan Motor Corporation.

Judge: INMAN

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In 1999 the Employee injured his cervical spine and was awarded benefits, including lifetime medical benefits. During the succeeding years he experienced various problems with his neck. In May 2003, the Employee struck a bay pole while operating a tow motor and claims an injury to his neck as a result of this incident. The treating neurosurgeon, Dr. Zellem, testified that the Employee suffered no new injury. An independent medical examiner, Dr. George Gaw, testified that the tow motor incident was a new injury. The trial judge accepted the opinion of Dr. Zellem and dismissed the Employee’s complaint. We affirm the judgment of the trial judge.

Explanation of Correction: The dissenting opinion of ROBERT E. CORLEW has been added and begins on page 6.

Early Voting at Satellite Locations

TN Attorney General Opinions

Date: 2006-08-15

Opinion Number: 06-128

Confidentiality of Pole Attachment Rate Information

TN Attorney General Opinions

Date: 2006-08-15

Opinion Number: 06-129

Validity of Tennessee State Board of Education Rule 0520-1-604, Requiring Schools That Serve Grades 6, 7, or 8 and Higher Grade Levels To Meet Certain Nutritional Standards

TN Attorney General Opinions

Date: 2006-08-15

Opinion Number: 06-130

Constitutionality of Mandatory Deoxyribonucleic Acid (DNA) Testing for Paternal Identification

TN Attorney General Opinions

Date: 2006-08-15

Opinion Number: 06-131

County Commissioners Voting Under Tenn. Code Ann. Section 2-8-111

TN Attorney General Opinions

Date: 2006-08-15

Opinion Number: 06-132


Legal News
Election 2006
BPR Actions

Legal News
Hooks considers guilty plea
Days before he's set to stand trial on bribery charges stemming from the Tennessee Waltz investigation, Shelby County Commissioner Michael Hooks Sr. is weighing a guilty plea. His attorney confirmed yesterday that Hooks is considering changing his plea and calling off the trial as early as today. Hooks also announced that he would resign his commission seat effective this week.
Read more in the Commercial Appeal
State lawyer discourages large records requests
One of Tennessee's top attorneys handling open records cases said she believes reporters should not request too many records because large requests can interfere with government operations. Speaking to lawmakers and legislative staffers at the annual meeting of the National Conference of State Legislatures in Nashville, Assistant Attorney General Janet Kleinfelter said reporters must seek a "balance" in their requests.
Read more about her comments in the Johnson City Press
Justice Ginsburg to address Memphis lawyers
The Hon. Ruth Bader Ginsburg, Associate Justice of the U.S. Supreme Court, will address the joint annual meeting of the Memphis Bar Association and Memphis Bar Foundation on Sept. 11 from noon to 1:30 p.m. in the Peabody Hotel's Grand Ballroom. Prior to Aug. 18, tickets are $50 for MBA members, $60 for non-MBA members and $35 for law students. After that date, prices increase to $60 for members, $70 for non-members and $45 for law students. Tables for 10 are available for $500 prior to and $600 after August 18. The deadline for registering is Sept. 1. To purchase tickets or for more information, call the MBA at 901-527-3573
or visit the association's Web site
Nashville attorney named to domestic violence group
Jean Crowe, managing attorney for the family law section of the Legal Aid Society's Nashville office, has been appointed to the American Bar Association Commission on Domestic Violence. The appointment is for a three-year term. Crowe, who has served on other ABA boards related to domestic violence and child support, has been with the Legal Aid Society for more than 20 years. In addition to a law degree from the University of Wisconsin, she holds a diploma from the Institute on International and Comparative Law in Paris.

Wheatcraft ends long judicial career
Jane Wheatcraft has presided over courts in Sumner County for 20 years, but she will retire at the end of the month after deciding not to seek re-election to the criminal court bench.
The News Examiner has this profile of her career
Supreme Court resets Harbison execution date
The state Supreme Court yesterday rejected a motion by Edward Jerome Harbison's lawyer requesting permission to withdraw from the case. The post-conviction defender had argued that he needed six months to adequately prepare to represent the client. Harbison was scheduled to be executed on Oct. 11. The court denied the motion to withdraw as counsel and instead rescheduled the execution for Feb. 22, 2007.
Download the order here
Election 2006
Sells to make decision by Thursday
As state officials work to officially certify results of the Aug. 3 election, Judge Lillie Ann Sells of Cookeville continues to weigh a possible lawsuit contesting the outcome of her race. Unofficial returns show Sells losing re-election by 10 votes to challenger David Patterson. Sells said she expects to make her decision public on Thursday.
The Herald-Citizen has the story
BPR Actions
Maryville lawyer reinstated
The Tennessee Supreme Court reinstated Charles David Deas to the practice of law on Aug. 10. Deas was temporarily suspended on June 16 for failing to respond to complaints of misconduct. After conducting a hearing on the matter, a panel of the Board of Professional Responsibility concluded that the suspension should be dissolved. The court agreed but ordered Deas to pay the costs of the disciplinary proceeding.
Read the BPR release

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