Report addresses judges' salaries, attorney misconduct

U.S. Supreme Court Chief Justice John Roberts is once again urging Congress to raise the pay of federal judges. The appeal co mes in a year-end report that also emphasizes improving communications with the legislative and executive branches and addresses judicial misconduct. Read more in The New York Times or download the court's 2007 report:

http://www.supremecourtus.gov/publicinfo/year-end/2007year-endreport.pdf

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LAWRENCE COUNTY EDUCATION ASSOCIATION ET AL. v. THE LAWRENCE COUNTY BOARD OF EDUCATION ET AL.
CORRECTION


Court: TSC

Attorneys:

Richard L. Colbert and J. Christopher Anderson, Nashville, Tennessee, for the appellants, Lawrence County Education Association and Jerry Taylor.

Paul B. Plant and J. Christopher Williams, Lawrenceburg, Tennessee, for the appellees, Lawrence County Board of Education and Larry Morrow, Director of Schools.

Judge: WADE

Jerry Taylor, a tenured teacher in Lawrence County, and the Lawrence County Education Association brought this action against the Lawrence County Board of Education, primarily seeking the reinstatement of Taylor's additional role as head girls' baske tball coach at Loretto High School but also asking for other relief. Both sides filed motions for summary judgment. After granting the motion filed by Taylor and the Education Association, the judge approved back pay for 2001-2002, ordered that Taylor s hould have been considered as the incumbent coach for 2002-2003, and directed pay for that year as well. The judge declined to reinstate Taylor as coach. The Court of Appeals affirmed the judgment but ruled that teacher transfers, including the reassign ment of a coach to full- time teaching responsibilities, were within the exclusive authority of the director of schools and not a proper subject of the collective bargaining process. We granted review to determine what remedies, if any, were available to Taylor and the Education Association. We hold that the director of schools has the statutory authority to "transfer" teachers, including the re-assignment of a tenured teacher with coaching responsibilities to a full-time teaching position when necessary for the efficient operation of the system; however, the subject of teacher transfer may be addressed in the collective bargaini ng process under our statutes, and the powers of a director in that regard are subject to both the terms of any contract and to board policy. Nevertheless, the director retains the power to transfer a tenured teacher as to their coaching responsibilities, without regard to the terms of a collective bargaining agreement, so long as that transfer does not affect the employee's position as a teacher. This is because a coach does not fall under the statutory definition of a "professional employee." While Ta ylor, in his capacity as coach, was not entitled to an arbitration hearing on his transfer from coaching under the collective bargaining agreement, the board of education, by adopting the recommendations of the arbitrator, established a policy granting ri ghts to Taylor which he would not have otherwise possessed. Because the binding nature of the arbitrator's decision is not in dispute, Taylor is entitled to a partial summary judgment in that he should receive the coaching supplement for the school year 2001-2002 and should have been treated as the "incumbent coach" for assignment purposes in 2002- 2003. In that regard, the judgment is affirmed. There are, however, genuine issues of material fact as to whether Taylor, despite his incumbency status, was properly transferred to a full-time teacher in 2002-2003 in accordance with statutory guidelines; therefore, the award of the coaching supplement for that school year must be set aside, and the cause is remanded for trial as to whether the transfer was arbitrary, capricious, or the subject of improper motivation, as prohibited by law. Any entitlement to the coaching supplement for 2002-2 003 or other remedy depends upon the propriety of the transfer under the statute and under the collective bargaining agreement, as modified by the board's action.

http://www.tba2.org/tba_files/TSC/2008/lawrencecounty_Corr_010208.pdf


TODAY'S NEWS

Legal News
Politics
Passages
Disciplinary Actions
TBA Member Services

Legal News
Hearing on Hagler tape recesses until tomorrow
Hamilton County Chancery Court Judge W. Frank Brown III presided over a hearing today on whether an audio tape, believed to be related to the resignation of 10th Circuit Court Judge John Hagler, should be ma de public. After an afternoon of testimony, the hearing recessed until 1:20 p.m. tomorrow. Accounts of the proceeding appear in the Chattanoogan.com and the Chattanooga Times Free Press, which is an intervenor in the case.

Prosecutor takes on Nashville's juvenile crime problem
Kathy Morante's first trial was prosecuting Paul Dennis Reid, one of the state's most notorious killers. From there she built a career marked by a fiery presence in the courtroom and unwavering support for v ictims. Now the veteran prosecutor has a new role: taking on Nashville's worst juvenile offenders.
The Tennessean has more
Politics
Bredesen tapped for national committee
Governor Phil Bredesen has been named policy chairman of the Democratic Governors Association's executive committee. In making the appointment, West Virginia Governor Joe Manchin cited Bredesen's background in the health care field and interest in business-friendly policies.
Read more in the News Sentinel
Cohen gears up for primary
As Congress adjourned for the year, U.S. Rep. Steve Cohen, D-Tenn., talked about the Democratic primary skirmish likely to come in 2008. The Memphis lawmaker is expected to face attorney Nikki Tinker and pos sibly others in the Aug. 7 primary.
The Memphis Daily News reports
Passages
Knoxville attorney dies
Longtime Knoxville attorney William F. (Bill) Shumate Jr. died Dec. 30. For 20 years he served as a partner in the law firm of Shumate Bowling, where he practiced real estate law. Shumate earned his law degr ee from the University of Tennessee College of Law in 1965. The family will receive friends from 1 to 3 p.m. on Thursday, Jan. 3 at Rose Mortuary Mann Heritage Chapel, 5200 Kingston Pike. A reception will follow at Mulligan's, 8923 Linksvue Drive at Getty svue Country Club. In lieu of flowers, memorials may be made to the American Diabetes Association, Tennessee Affiliate, 4205 Hillsboro Avenue, Suite 200, Nashville, TN, 37215, or a local animal shelter.

Former judge dead at 79
Lon Boyd, a former Sullivan County executive, judge and past president of the Kingsport Bar Association, died Dec. 27. A graveside service will be held at 1:30 p.m. Thursday, Jan. 3, at Oak Hill Memorial Par k. A memorial service will follow at 2 p.m. at the First Presbyterian Church. The family will receive friends following the memorial service. Contributions may be made to Dobyns-Bennett High School Lon Boyd Scholarship Fund, Activities Office, 1800 Legion Drive, Kingsport, TN 37664; UDT-Seal, Naval Special Warfare Foundation Building Fund, P. O. Box 5965, Virginia Beach, VA 23471; or First Presbyterian Church, Music Ministry, 100 West Church Circle, Kingsport, TN 37660.
The Kingsport Times News reports
Disciplinary Actions
Memphis attorney reinstated
James Marion Allen of Memphis has been reinstated to the practice of law in Tennessee after complying with requirements for continuing legal education.
View all attorneys suspended and reinstated for 2006 CLE violations
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at 1-800-368-2734
or get an online rate quote

 
 
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