TBA Law Blog


Posted by: Journal News on Nov 1, 2016

Journal Issue Date: Nov 2016

Journal Name: November 2016 - Vol. 52, No. 11

The Music City Community Court Expungement Clinic was Oct. 1, kicking off Celebrate Pro Bono Month.
Davidson County General Sessions Judges Rachel Bell and Melissa Blackburn, center, presided. TBA Young Lawyers Division Diversity Committee chair Amber Floyd, far right, and YLD President-Elect Ahsaki Baptist, fifth from right, were among the community volunteers. The clinic was in partnership with the TBA YLD, Napier-Looby Bar Association, Diversity Committee of the Lawyers’ Association for Women, Tennessee Faith & Justice Alliance and Davidson County Criminal Court Clerk’s Office.  Photo courtesy AOC Access to Justice Commission.

The Music City Community Court Expungement Clinic was Oct. 1, kicking off Celebrate Pro Bono Month.

State's July Bar Exam Has 63.1 percent Pass?Rate
Of the 716 applicants who took the Tennessee bar exam in July, the Board of Law Examiners reports that 452 were successful, a 63.1-percent passage rate.

For first-time takers, the passage rate was 73.2 percent. Vanderbilt law grads recorded the highest passage rate — 92.31 percent for first-timers — followed closely by Duncan School of Law (85 percent) and Belmont Law School (84.6 percent).

One year ago, the passage rate (for the July 2015 exam) was 64 percent. Bar exam pass rates have also fallen in more than half of the 13 states that have reported results from the July exam so far, the ABA Journal says.

In Iowa, the pass rate fell from 86 to 71 percent. In Indiana, the rate fell to 61 percent, from 74 percent. Other jurisdictions reporting a decline in test scores were Florida, Missouri, North Dakota, Oregon and Washington. Rates increased slightly in Idaho, Kansas and West Virginia, and remained the same in Oklahoma. Arkansas and North Carolina released results but did not provide passage rates.

COURTS

Deadline Extended for Comments on Rule 19 Changes
The state Supreme Court has extended the deadline for submitting comments on proposed amendments to Tennessee Supreme Court Rule 19. Comments are now due Nov. 10. The court first announced the proposed amendments on Sept. 7. The changes are designed to eliminate a potential conflict between Rule 7, section 5.01(g)(8) and Rule 19, which deals with pro hac vice appearances before Tennessee courts and agencies. The Knoxville Bar Association requested the extension.

Bivins Takes Oath as Chief Justice in Ceremony with Gov. 
Tennessee Supreme Court Chief Justice Jeff Bivins of Franklin was sworn in by Gov. Bill Haslam at a ceremonial investiture Oct. 6 in the historic Supreme Court chambers within the Capitol. More than 80 people were in attendance as Gov. Haslam praised Bivins’ work and the quality of the judiciary as a whole.

“As the head of the judicial branch of government, I am proud of the judiciary we have in this state, thanks in significant part to Gov. Halsam, we are blessed with an outstanding judiciary at all levels in Tennessee,” Bivins said.

4 Vying to Redevelop Former Supreme Court Building 
Four companies have submitted bids to redevelop the former Tennessee Supreme Court building in downtown Knoxville, Knoxnews reports. The building has been empty since 2003 when the state moved the court to its current site on Main Street. Plans for redevelopment call for an “exciting urban lifestyle” where residents will want to live, shop and play.

The request for proposals also asks the bid winner to preserve portions of the original Supreme Court courtroom and reuse materials found in the courthouse.

LAW SCHOOL

New Miss Tennessee USA is a Law Student 
A 4L at Nashville School of Law is the new Miss Tennessee and will go on to represent the state in the 2017 Miss USA pageant. Allee-Sutton Hethcoat of Franklin, and Belmont University alumna, is also an actress. Set to graduate from NSL in May, she says she may sit out the summer bar exam, depending on the date of the Miss USA pageant.

ABA to Continue Accrediting New Law Schools 
The U.S. Department of Education will not implement a panel recommendation that called for suspending the American Bar Association (ABA) from accrediting new law schools for one year, the ABA Journal reports. The department rejected a call from the National Advisory Council on Institutional Quality and Integrity to suspend the group for one year based on questions of whether the ABA was in compliance with federal regulations requiring accrediting agencies to monitor, re-evaluate and enforce programs and standards. The department said it did not find enough evidence that the ABA was out of compliance with those mandates to justify a suspension.

JOBS

Partners Face Demotion for Not Bringing Enough Business 
Law firms are increasing assessing performance of partners and some are moving to demote those who do not bring in enough business or bill enough hours, the Wall Street Journal reports. Citing a survey from American Lawyer magazine, the WSJ reports that 56 percent of law firm leaders say they plan to take away equity from partners in the coming year and 67 percent say they plan to ask partners to leave.

ACCESS TO JUSTICE

Videos Produced to  Educate Public 
Legal Aid of East Tennessee (LAET) produced and distributed a video series called “The Anytime Attorney: Legal Information on Demand 24/7.” The series addresses civil legal issues in Tennessee law such as orders of protection, divorce, rental housing, foreclosure, bill collectors and how to represent yourself in general sessions court. DVDs are available for check-out at public libraries in the 26 East Tennessee counties LAET serves. The videos also are available at www.laet.org, through links on selected public library websites and on LAET’s Anytime Attorney YouTube channel. Production of the video series was funded by a grant from the Legal Services Corporation.

7 Years with IJM, Nashville Lawyer Now Working in Uganda 
When Shawn Kohl and his family moved from Nashville to Cambodia in 2009, he had said they were going on faith to work with the International Justice Mission (IJM). He wanted to help victims of violence and trafficking in developing countries “as their public justice systems emerge.” His intentions and preparations for the move were documented in the January 2010 Tennessee Bar Journal cover story, “On Mission for Justice,” by Nashville lawyer Jane Pribek.

Now seven years and six countries later, his former firm Spicer Rudstrom PLLC caught up with Kohl to get an update on the family of five.

Kohl now serves as IJM’s national director of Uganda, where he oversees two field offices in the country.

“Everyday violence affects more people than terrorism, and there are 35 million slaves in the world,” he says. “We need to push our leaders to eradicate an issue that was once a scourge in our own country. A functioning justice system is equally important and vital as education and medicine.”

City Creates Expungement Website 
This fall a website aimed at helping people with criminal histories regain the right to vote and expunge their records was launched by the City of Chattanooga.

The website, restoremyrights.com, provides information on the expungement and voting restoration processes. Mayor Andy Berke also pledged to help cover court costs for people who want to expunge their criminal records but cannot afford the $450 fee.

Lawyers Monika Ridley, left, and Rachel Stutts, were part of Pearls & Pinstripes, the annual fundraising gala hosted by the Tennessee Coalition to End Domestic and Sexual Violence, in partnership with the Tennessee Titans. Lawyers Monika Ridley, left, and Rachel Stutts, were part of Pearls & Pinstripes, the annual fundraising gala hosted by the Tennessee Coalition to End Domestic and Sexual Violence, in partnership with the Tennessee Titans. More than 350 attended the event at Nissan Stadium’s West Club, which included dining, dancing and auctions to raise money for the coalition’s work. The group raises awareness of and support for programs that help victims and survivors of rape and abuse. Stutts was this year’s event chair.

Legal Aid of East Tennessee (LAET) produced and distributed a video series for the public on basic topics. “The Anytime Attorney: Legal Information on Demand 24/7” is available at public libraries and online in both English and Spanish at laet.org and on the YouTube channel, LAET’s Anytime Attorney.

CRIMINAL LAW

Federal Grants Fund State’s DUI Programs
The National Highway Traffic Safety Administration has awarded $17.1 million to 384 law enforcement agencies in the state to bolster law enforcement programs and fight drunken driving. Some counties will use the funds for DUI prosecutions while others will focus on coordinating prevention efforts with members of their local judicial system, officials tell the Chattanooga Times Free Press.