TBA Law Blog


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Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The Governor’s Council for Judicial Appointments met in Jackson to interview and select nominees for a vacancy on the Tennessee Court of Appeals, Western Section. After holding a public hearing and conducting public interviews, the council selected three nominees to forward to Gov. Bill Lee for his consideration. They are: Steven W. Maroney, James R. Newsom III and Valerie L. Smith. Read more about the three from the Administrative Office of the Court.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

At a forum sponsored by the Memphis Shelby Crime Commission on Saturday, local officials expressed support for a change to state law that would allow judges and judicial commissioners access to juvenile records for purposes of setting bail. According to the Daily Memphian, judges in Tennessee currently have access to a defendant’s juvenile record for sentencing but not setting bail. Several officials at the forum said they favored a new state law that would extend such access to judges and judicial commissioners who set bail. State Rep. G.A. Hardaway, D-Memphis, said after the forum that he plans to introduce such a bill in the upcoming session.

Posted by: Stacey Shrader Joslin on Nov 18, 2024
News Type: BPR Actions

The Tennessee Supreme Court has suspended Madison County lawyer Marcus Allen Lipham from the practice of law after finding that he poses a threat of substantial harm to the public and is substantially non-compliant with a Tennessee Lawyers Assistance Program monitoring agreement. The court reported that Lipham failed to complete certain testing and additional treatment as required. Lipham is immediately precluded from accepting any new cases and must cease representing existing clients by Dec.18. The suspension will remain in effect until dissolution or modification by the court. The court also approved an order allowing documents in the case to be filed under seal.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The family of Malcolm X, a civil-rights leader who was assassinated almost 60 years ago, filed a $100-million wrongful death lawsuit on Friday that accuses the FBI, CIA and New York Police Department of allowing his murder to be carried out, Reuters reports. The federal lawsuit brought by Malcolm X's daughter and other family members alleges the law-enforcement agencies concealed evidence that they knew of the plot to kill Malcom X but did nothing to stop it. According to the attorney representing the family, the lawsuit seeks to answer questions surrounding the assassination, paint an accurate history of the events and financially compensate the family.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The American Bar Association (ABA) has released its annual Profile of the Legal Profession with a new chapter focused on women in the law. The report shows that women are increasingly dominating the legal field, particularly in law school enrollment and associate positions. According to a press release, 41% of all U.S. lawyers are women while 56.2% of law school students are women. The report also shows that men still hold a majority of leadership roles in law firms and on the bench. Finally, the report highlights the growing diversity of the legal profession with a significant increase in lawyers of color over the past decade.

Posted by: Stacey Shrader Joslin on Nov 18, 2024

Two legal clinics will be held in Memphis this week. Tomorrow, the Memphis Fair Housing Center, a division of Memphis Area Legal Services, will hold a free legal advice clinic addressing housing questions. The event will take place from 3-5 p.m. CST at the Benjamin L. Hooks Public Library, 3030 Poplar Ave., 3rd Floor, Study Room #1 Memphis 38111. For more information call 901-432-4663. Then on Thursday, the Memphis Bar Association and Memphis Area Legal Services will hold the Attorney of the Day Clinic from 1-3 p.m. at the General Sessions Courthouse, 140 Adams Ave., Memphis 38103. Volunteers should arrive at 1 p.m. and be available to provide advice about legal procedures to litigants. Members of the public with an active or post judgment case in General Sessions will be helped on a first come, first serve basis.

Posted by: Azya Thornton on Nov 18, 2024
News Type: Legal News

The National Labor Relations Board’s (NLRB) enforcement power is being challenged in lawsuits by a range of companies. Suits from SpaceX and Amazon.com were before the U.S. 5th Circuit Court of Appeals this week. The suits allege that NLRB members appointed by the president are improperly shielded from being removed at will by the White House, and that the agency's administrative process violates constitutional guarantees of separation of powers and the right to a jury trial. SpaceX also argues that the president should be able to fire administrative judges who hear board cases at will. According to Reuters, rulings in these cases could potentially set up review by the U.S. Supreme Court.

Posted by: Azya Thornton on Nov 18, 2024

U.S. Sens. Marsha Blackburn and Bill Hagerty are accepting applications from candidates interested in an appointment as U.S. district judge for the Western District of Tennessee, or U.S. attorney for each of Tennessee's three grand divisions. Those interested in any of the positions should download and complete the appropriate application, all of which are available from both senators' websites. Access the district judge application or U.S. attorney application from Blackburn's site or all applications from Hagerty's website. Completed applications and a current resume should be submitted by email to both offices at appointments@blackburn.senate.gov and appointments@hagerty.senate.gov. Questions about the process also may be sent to both email addresses.

Posted by: Azya Thornton on Nov 18, 2024
News Type: TBA CLE

Still need to get continuing legal education hours before the end of the year? Then you will not want to miss the TBA's CLE sale running through the end of the month! Just in time for Thanksgiving, the TBA is expressing its gratitude to Tennessee lawyers by offering a 60% discount on three curated CLE packages of premium content! Choose from a three-hour package, 10-hour package or 15-hour package. Take advantage of this limited time deal from Nov. 19-30. Buy now and watch at your convenience through the end of the year. Interested in other programs? Check out all available courses or other packages.

Posted by: Stacey Shrader Joslin on Nov 15, 2024

The second installment in TBA's Indigent Representation Primer is now available. This week's post highlights background and data about Tennessee's Indigent Representation Program, including how courts determine and assign counsel for indigent defendants and vulnerable individuals. The piece also looks at a recent performance audit report of the Tennessee court system conducted by the Office of the Comptroller of the Treasury, including an evaluation of the "effectiveness and efficiency" of the current system of indigent representation as well as other court programs. See past primer posts here.


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