TBA Law Blog


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Posted by: Julia Wilburn on Aug 30, 2024
News Type: Legal News

Davidson County Juvenile Court Judge Sheila Calloway today delivered the closing plenary for the 2024 Equal Justice University (EJU), lauding the state's access to justice community as “compassionate, zealous advocates” and sharing a call to action for these “brave leaders” to continue to make systemic change every day. DarKenya Waller, executive director of Legal Aid Society of Middle Tennessee & the Cumberlands, introduced Calloway, describing her as a leader who is serious about changing the lives of young people. Calloway also spoke about the new Nashville Youth Campus for Empowerment (NYCE), a 14-acre facility that broke ground this month and will replace the current juvenile detention center. NYCE will be the nation's first family-oriented, trauma-informed center with resources and agencies on site that can provide immediate services to young people and their families.

In addition, three awards were presented. Amy Willoughby Bryant with the Metro Nashville Office of Conservatorship Management received the B. Riney Green Award, which recognizes those who promote state-wide collaboration on a project strengthening access to justice across Tennessee. Stewart Clifton, who is retired from the Tennessee Alliance for Legal Services (TALS), received the Lifetime Achievement Award. Lucinda Smith with Bass Berry & Sims received the Janice M. Holder Award, which recognizes a professional whose work in private practice, corporate practice, public service or other social service makes significant contributions in advancing the quality of justice statewide by ensuring the legal system is open and available to all. Finally, the staff of West Tennessee Legal Services received the 2024 EJU Spirit Award. See photos from the event.

Posted by: Julia Wilburn on Aug 30, 2024
News Type: Legal News

The Memphis City Council today announced it is suing the Shelby County Election Commission to allow gun regulation questions to be put on the November ballot, reports the Commercial Appeal. On Tuesday, in response to pushback from state legislators and the state coordinator of elections, the Election Commission announced the previously approved questions would not appear on the ballot. The Daily Memphian reports that Council Chair JB Smiley Jr. said, "We won’t back down and ... sure won’t be bullied ... They [referring to state legislators] know that over 70% of Tennesseans want gun reform." The lawsuit asks a Shelby County chancellor to force the election commission to place the referendum questions on the ballot, and seeks a temporary and permanent injunction against the election commission for refusing to do so. Memphis Mayor Paul Young said that the suit is "futile" and could endanger the city’s attempts to work with the Republican supermajorities leading the Tennessee legislature.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

TBA President Ed Lanquist Jr. addressed attendees at the 2024 Equal Justice University conference in Murfreesboro today. He thanked those working in the access to justice field and said the TBA is proud to be part of a collaborative effort to provide quality and accessible legal services across the state. He highlighted the TBA’s Grassroots Initiative and encouraged attendees to get involved in policy advocacy efforts. He also recapped the efforts of the Administrative Office of the Courts and Tennessee Supreme Court Justice Holly Kirby during the last legislative session, which led to an $8.6 million increase in indigent funding, while reiterating that securing additional funding remains a top priority for the association. Additionally, Lanquist called for an increased commitment to pro bono work, increased outreach to law students and new ways to use technology to assist indigent clients and self-represented litigants. Finally, he pledged the TBA would continue to work with policy makers to explore, implement and evaluate new approaches to serving those who cannot afford legal representation. Watch Lanquist’s remarks on the TBA’s Facebook feed and look for a wrap up of the event and the many awards presented at the conference in tomorrow's issue of TBA Today. See photos from the day.

Posted by: Stacey Shrader Joslin on Aug 29, 2024
News Type: Legal News

Earlier this summer, President Joe Biden announced a new pathway to citizenship for immigrant spouses. The plan, an expansion of a current program known as “Parole in Place,” was designed to allow certain undocumented immigrants who are married to U.S. citizens to stay in the country and work legally. The new “Keeping Families Together” program began accepting applications last week but is now in limbo after a federal judge in Texas blocked it, the Associated Press reports. The plan is being challenged by 16 states, including Tennessee. The government says it will continue to accept applications and fight to reinstate the program.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

State Sen. Todd Gardenhire, R-Chattanooga, was transported to a hospital in Nashville on Wednesday after experiencing a brief health episode. The Chattanooga Times Free Press reports that Gardenhire, 76, was taken from the Cordell Hull State Office Building "out of an abundance of caution." A spokesperson for the senator says he "was awake and alert when he left the building and is presently in good spirits." Gardenhire, who has represented Chattanooga in the Senate since 2013, said in a text he is recovering.

Posted by: Stacey Shrader Joslin on Aug 29, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court on Wednesday declined without comment the Biden administration’s request to reinstate its new student debt relief as legal challenges to the plan proceed, SCOTUSblog reports. Two groups of Republican state attorneys general challenged the Saving on a Valuable Education (SAVE) plan, arguing the administration does not have legal authority to implement it. In those cases, the 10th U.S. Circuit Court of Appeals allowed the plan to go forward while the 8th Circuit Court of Appeals effectively blocked it. The conflict in the appellate courts led the administration to seek the Supreme Court’s emergency intervention. The Hill also reports that the court turned down an alternative idea proposed by all sides that it consider the case on the merits during its upcoming term.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

The Hamilton County Commission has named Tori Smith as its new General Sessions Court judge, Chattanoogan.com reports. She will replace Judge Alex McVeagh, who recently was elected as a circuit court judge. Smith currently is a supervisor in the public defender's office. She will be sworn in Sept. 4 at 9:30 a.m. EDT. McVeagh will be sworn in the next day at 2 p.m. EDT. Smith will serve until the August 2026 general election. The winner of that election then will serve until 2030, which is when McVeagh’s term would have expired.

Posted by: Stacey Shrader Joslin on Aug 29, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court will hear arguments from Tennessee families and physicians later this year in a case challenging the state’s ban on transgender medical care for minors. This week, a group of families and physicians filed a brief with the court urging it to block the law, WPLN reports. Failure to do so would set a legal precedent for discrimination against transgender people, they argue. The ACLU of Tennessee has a copy of the filing. The 6th Circuit Court of Appeals allowed the law to take effect last year. State Attorney General Jonathan Skrmetti says the case “will bring much-needed clarity to whether the constitution contains special protections for gender identity.”

Posted by: Stacey Shrader Joslin on Aug 29, 2024
News Type: Legal News

The University of California’s Berkeley School of Law will begin offering an AI-focused master of laws (LLM) degree next summer, Bloomberg Law reports. Applications are now being accepted for the program, which was created with the assistance of leaders from within the AI industry, including Meta Platforms Inc. and Anthropic. A spokesperson for the school says the program is ideal for attorneys “seeking to future-proof their practice.” Courses will include AI ethics, the fundamentals of AI technology, and current and future efforts to regulate AI at home and abroad. The program is structured to be completed over two summers or over a year by working remotely in combination with a summer on campus. Read more from the school.

Posted by: Stacey Shrader Joslin on Aug 29, 2024
News Type: Legal News

It has been more than a year since Vanderbilt University Medical Center (VUMC) notified 174 transgender patients that their medical information had been provided to Tennessee Attorney General Jonathan Skrmetti in response to a probe into possible fraudulent billing practices. Three patients are suing the hospital. One is seeking class action status for patients who had records disclosed. VUMC argues that plaintiff lacks an adequate class representative. The other two patients are seeking class action status for those who were misinformed about having records disclosed. VUMC argues they lack standing. The Nashville Banner has more on the cases.


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