The Tennessee Senate passed SJR25 on Monday, the first step in putting a constitutional amendment on the ballot for voters. The measure would amend the constitution to allow judges to deny bond to suspects accused of committing heinous crimes. Under current law, judges only have authority to decline bail in capital offenses. In advance of the vote, the Tennessee District Attorneys General Conference issued a press release and a resolution in support of the measure, telling Fox17 it is "the singular most important criminal justice bill we have evaluated in over a decade." Opponents of the bill say it will lead to overcrowding in jails and be too costly, and likely will not have an overall impact on crime. The next step is a vote in the House. The House Judiciary Committee approved its version on Feb. 26. If approved by the House, the measure would need to pass again in the 114th General Assembly before being placed on the next gubernatorial ballot. To be adopted by voters, the proposal would have to win a majority of those voting in the governor’s election.

The Lawyers' Association for Women Marion Griffin Chapter (LAW MGC) Foundation is now accepting applications for grants for 2025. Grants may be awarded in amounts up to $3,500 annually per applicant. All 2025 applications are due on or before close of business on May 16, and should be submitted via email to lawmgcfoundation@gmail.com. Recipients will be notified in advance and acknowledged at the 2025 Annual LAW New Admittees’ Breakfast. Grant proposals should support the foundation's mission, which includes advocating for the participation of women in the legal profession and educating about issues affecting women in the legal profession. Please review the full mission statement and grant guidelines prior to submitting an application, and note that there are separate application forms for individual and organizational applicants.

The TBA Corporate Counsel Section will hold its annual forum virtually on March 28. The event, which will run from 9 a.m. to 1:15 p.m. CDT, will include sessions on the complexities of attorney/client privilege for in-house counsel, an employment law update, a Supreme Court update and a look at how AI can impact contract negotiations. Speakers include Nashville lawyer Jeb Gerth with Epstein Becker Green, Alex Koskey and Matthew White with Baker Donelson, Zach Kisber with Mid-America Apartment Communities, Preston Battle with Baker Donelson, and University of Tennessee professor Hemant Sharma. Section members receive discounts on registration costs. Not a member yet? Join here.

The Tennessee Supreme Court on March 7 issued a ruling that municipal judges in Tennessee must reside within the city they serve, as required by the Tennessee Constitution. Chattanoogan.com reports that a number of local courts are affected by the ruling and judges are conferring with their town attorneys and other legal authorities to determine what happens next. The decision also is having an effect in general sessions court, which often relies on municipal judges to fill in as needed. Several dockets are being juggled between judges, based on who lives where, according to the paper.

The Open-Source AI Foundation (O-SAIF) recently announced the launch of The 20% Project, an initiative leveraging open-source Agentic AI to transform the criminal justice system and save taxpayers money. Agentic AI is a type of artificial intelligence (AI) that can act independently and solve problems without human intervention using a combination of AI technologies. According to the foundation, the initiative will deploy AI-powered case review technology to analyze, prioritize and recommend cases for pardon and commutation recommendations starting with the more than 160,000 federal incarcerated individuals. The 20% Project will integrate custom-built, open-source Agentic AI to assist legal teams and pardon review experts, with the goal of reducing the time and complexity involved in processing applications. Learn more in a press release from O-SAIF.

U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas has sent letters to 20 law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The firms included McDermott Will & Emery, which has an office in Nashville. The letter follows a March 6 executive order in which President Donald Trump ordered the EEOC to “review the practices of representative large, influential, or industry leading law firms for consistency with Title VII of the Civil Rights Act of 1964, including whether large law firms: reserve certain positions, such as summer associate spots, for individuals of preferred races; promote individuals on a discriminatory basis; permit client access on a discriminatory basis; or provide access to events, trainings, or travel on a discriminatory basis.” Read the press release from the EEOC.

A group of nine men on Tennessee’s death row have filed suit in Davidson County Chancery Court, challenging the use of pentobarbital in the state’s new lethal injection protocol. They cite the "risk of tortuous death," reports the Nashville Banner. According to the suit, one study found that of 58 individuals killed with the barbiturate, 48 were found to have fluid in their lungs, which can create "a sense of suffocating or drowning that has been likened by experts to the sensation intentionally induced by the practice of waterboarding — an unambiguous form of outright torture." The Tennessee Department of Corrections (TDOC) in December announced a new lethal injection protocol, clearing the way for the state to schedule executions after a five-year pause. The U.S. Department of Justice in January rescinded its use of pentobarbital in executions.

The Elizabethton City Council voted 6-1 to appoint Teresa Murray Smith to the vacant city judge position. Smith had previously served as a municipal judge in 2020. The Elizabethton Star reports that the judicial post was vacant under the city charter after former Judge Jason Lee Holly, who was reelected as municipal court judge in November, was unable to hold court due to a temporary suspension of his law license on Oct. 28, 2024, by the Tennessee Supreme Court. Smith will serve until the next regular city or county election, at which time voters will elect someone to fill Holly’s unexpired term.

The TBA Litigation Section will continue its "Perspectives from the Bench" series with Tennessee Supreme Court Justices Sarah Campbell and Mary Wagner at the offices of Miller & Martin in Chattanooga on June 5. Moderated by attorneys Mary Taylor Gallagher and Zac Greene, the panel will discuss each justice's path to the bench, the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in our society and more. Join your colleagues for a reception following the event. Get more information and register here.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. For attorneys, that means getting paid on a more regular basis and having access to training and mentorship opportunities. For judges, that means not having to spend time finding attorneys to take cases. For clients, the plan is expected to lead to less delays for children needing guardian ad litem services and in adoption cases. And for the legal system, the plan is expected to increase the number of attorneys willing to accept appointments and provide new safeguards to protect against misuse of indigency determinations. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan for the future. Learn more about the plan and indigent representation in Tennessee.