The TBA Young Lawyers Division has announced the opening of the 2025-2026 leadership appointment and election filing process. For positions subject to election, nominating positions should be filed with YLD Secretary Ross Smith no later than Feb. 15. Available positions include district representatives in odd-numbered districts (1, 3, 5, 7, 9, 11 and 13). Check the YLD Election Guidelines webpage for additional openings and to download a nominating petition. Elections for any contested races will take place between March 1 and April 1 by electronic voting. Those interested in an appointed position on the division's board should review available positions and complete the online application by Feb. 28.  Learn more about the YLD and its mission and its various programs.

On Monday, Carter County lawyer Jason Lee Holly received a public censure from the Tennessee Supreme Court. Holly represented one client in a custody case, another client in a breach of contract case and a third client in a criminal case. In all three cases, the court found that he failed to take proper action on behalf of his clients, failed to communicate with his clients and failed to make reasonable efforts to expedite litigation. The court also found that Holly failed to respond to requests for information from disciplinary counsel and did not refund fees to any of his three clients. Holly was temporarily suspended from the practice of law on Oct. 27, 2024, for failing to respond to three disciplinary complaints. He was required to notify all clients of the suspension no later than 10 days after the order, which he failed to do. Holly has violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15, 3.2, 3.4, 8.1 and 8.4. Additionally, as a condition of the censure, Holly must refund a total of $5,500 in attorney’s fees within 60 days.

Shelby County lawyer Myra Ann Hamilton on Monday received a public censure from the Tennessee Supreme Court. Hamilton represented a client in a discrimination matter, during which she filed pleadings containing non-meritorious claims and disclosed confidential client information in support of her request to withdraw. Hamilton entered a conditional guilty plea acknowledging her conduct violated Rules of Professional Conduct 1.6 and 3.1.

The Nashville Hispanic Bar Association (NHBA) recently announced its 2025 board of directors. They are: President Ginette Garza Brown, Tennessee State University; Vice President Lody Powers, Davidson County District Attorney's Office; Secretary Lindsay Oakes, TennCare; and Treasurer L. Maverick Flowers, Polsinelli Law Firm. The NHBA began in 2019 as a networking association for Hispanic attorneys, legal professionals and allies. Read more in a press release from the organization. For more information about the group contact hispanicattorneystn@gmail.com and follow its activities on Instagram @HispanicAttorneys.

Happy New Year! The January/February 2025 issue of the Tennessee Bar Journal is now available online, and the print version is arriving in mailboxes this week. This issue's cover story from Amye Tankersley King and Jake Arning breaks down post-conviction relief and the ins and outs of the process. Donald Caparella and Jacob Vanzin break down the Tennessee Supreme Court's clarification of waiving issues in appellate court, while Edward Phillips and Brandon Morrow caution in their "The Law at Work" column that just because an employee signs an agreement with an arbitration provision does not mean that claims are subject to the provision. In this issue's "Family Matters" column, Marlene Moses and Ansley Tillett assert that equitable does not mean equal when it comes to the division of marital estates in Tennessee. TBA President Ed Lanquist Jr. draws a parallel between the relationship of lawyers and whiskey. And we introduce our new "Closing Statements" section!

TBA's Intellectual Property Section will host a webcast on Feb. 5 from noon to 1 p.m. CST focusing on the U.S. Patent and Trademark Office's (USPTO) July 17, 2024, update to patent subject matter eligibility for AI-related inventions. The update, included in President Joe Biden's "Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence," aims to clarify eligibility evaluations for patent applications and patents involving AI technology. The webcast will offer an overview of the guidance update, including examples and community feedback. Lauren Sherwood of Bookoff McAndrews in Knoxville will lead the presentation. For more information and to register, visit TBA’s website.

A recent scam targeting Davidson County residents involves fraudsters impersonating law enforcement officers, including those from the sheriff’s office, to falsely claim that individuals missed court dates or jury duty, the Nashville Banner reports. The scammers use phone numbers and the names of actual staff to threaten arrest or jail time unless the victim pays fines through untraceable methods, such as Bitcoin. Officials have emphasized that they never request payment for federal cases, and no government agency accepts Bitcoin as payment. They also warn that legitimate government agencies will never call from blocked numbers or demand money in this manner. Local authorities, including Davidson County Sheriff Daron Hall, have urged the public to remain vigilant and report such incidents.

A federal judge has rescheduled until next year the civil trial for former police officers charged in the death of Tyre Nichols. According to the Commercial Appeal, Judge Mark S. Norris explained the delay was necessary given the state criminal trial scheduled for April and the filing of a new complaint, which has led to several contentious legal filings between attorneys representing the city of Memphis and those representing Nichols' mother, RowVaughn Wells. A new mediator also will need to be selected, as retired federal Judge Bernice Donald, initially chosen to mediate settlement discussions in 2023, notified attorneys she will no longer be available for the case. The civil trial is now set to begin July 13, 2026, with attorneys estimating it could last nearly six weeks due to the extensive amount of evidence to be presented.

Tennessee lawmakers have filed a bill aimed at deterring hate crimes and strengthening public safety across the state. State House Majority Leader William Lamberth, R-Portland, and Sen. Mark Pody, R-Lebanon, introduced HB55, known as the Protecting Everyone Against Crime and Extremism (PEACE) Act. The bill addresses issues such as hate littering, trespassing, police procedures, obstruction and road safety, according to WSMV News. It would add a Class A misdemeanor for hate littering and trespassing, and improve law enforcement’s response to hateful demonstrations by creating a buffer zone requiring the public to stay 25 feet from officers. “The PEACE Act offers increased protection against intimidation and gives law enforcement additional tools to ensure those individuals who carry out these vile acts — often anonymously — do not escape accountability. Tennessee will not tolerate hatred in any form,” Lamberth said.

A planned Hamilton County Commission vote on a proposal to move private practice attorney Janie Varnell into the role of county attorney has been rescheduled. The commission now will not address the issue until Jan. 15, according to the Chattanoogan. County Mayor Weston Wamp is backing the proposal, which would allow Varnell to join county government and take over as county attorney starting in July, while current county attorney Rheubin Taylor would stay on until the first of next year. According to the Chattanooga Times Free Press, the commission previously had set Jan. 8 for the vote. Taylor told commission members last month that the proposal, which would place Varnell in a transitional role within the county attorney’s office, breaches his contract, which gives him authority over personnel.