Davidson County attorney Marvin Don Himmelberg has received a public censure from the Tennessee Supreme Court. In defending a juvenile client against criminal charges, the court found that Himmelberg failed to appear for the client’s arraignment hearing, jeopardizing the client’s plea deal, and failed to refund any part of the client’s fee. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4 and 1.5.

A lawsuit filed in federal court on July 9 alleges that Cheekwood Botanical Gardens orchestrated a “coup” over the past year to take over operations of the annual Swan Ball. The complaint says that when it became clear that Cheekwood was attempting to “assert control over the operations of the [planning] committee,” the board unanimously voted to formalize itself as a separate and autonomous nonprofit in May, reports the Nashville Banner. It also filed a federal trademark application for “Swan Ball,” which it argues should prevent Cheekwood from continuing to control it. With the exception of a two-year hiatus due to the pandemic, the Swan Ball has been put on every year since 1963 as a fundraiser for the Nashville nonprofit.

Johnson City attorneys Brad Griffith and Solange McDaniel announce the formation of the firm Griffith McDaniel PLLC, located at 926 W. Oakland Ave., #206, Johnson City, TN 37604. Griffith focuses his practice on personal injury, general civil litigation and mediation; McDaniel's practice centers on social security disability, family law and conservatorships.

A second employee complaint against Rutherford County Property Assessor Rob Mitchell has been filed, accusing him of ignoring conflict of interest issues involving real estate. According to the Daily News Journal, John Key, a residential appraiser in Mitchell's office, claims that Mitchell allowed another employee to work "as a licensed real estate professional for the past five years," which he considers a conflict of interest. Another appraiser, Robert Kincade, filed a complaint in June, accusing management of "directing staff to unlawfully withhold updates on improvements to properties." Mitchell responded to the first complaint, saying, "Any and all of the recent ethics complaints filed against our office are categorically false and untrue."

The University of Memphis Law Review is currently accepting articles proposals, speakers and panel participants for its annual symposium scheduled for Feb. 21, 2025. The symposium is titled "The Ripple Effect: Understanding the Impact of Controversial Court Decisions on the Public's Confidence in the Judiciary." More information on the call for papers and how to submit proposals may be found here.

Democrats in state District 19, which covers part of Knox County, are hoping to challenge Rep. Dave Wright, R-Corryton, by supporting the write-in candidacy of Michael Leon Daugherty on the Aug. 1 ballot, Knox News reports. Daugherty did not get on the ballot by the filing deadline, so he will need 5% of voters (about 2,200 people) to write in his name during the primary in order to be included on the general election ballot in November. Daugherty, a retired civics teacher, told the news outlet that elected officials must to do more to provide adequate health care, pass sensible gun safety laws, increase the minimum wage, support those suffering from addiction and protect public education.

A new state law will allow developers to hire their own inspectors to check for environmental, safety and building violations on construction sites, bypassing codes departments and fire marshals. They also will be able to hire their own wetlands consultants to conduct reviews of permits, if delays by the Tennessee Department of Environment and Conservation (TDEC) exceed 30 days. Gov. Bill Lee, who made the measure a key policy priority this year, said it is intended to streamline the building process and cut down on delays in obtaining permits, particularly in rapidly growing Tennessee communities. The Tennessee Lookout reports that a review of the processes in Memphis, Nashville and Knoxville show that the average wait time for inspections ranges from the same day to six days for complex or large commercial projects, and TDEC’s average review and issuance of a general permit takes approximately four and a half days.

The Knoxville Bar Association (KBA) is accepting nominations for its Diversity, Equity and Inclusion Award now through 5 p.m. EDT on July 31. The award recognizes a legal organization that best demonstrates outstanding leadership to promote diversity, equity and inclusion in furtherance of the KBA Strategic Inclusion Plan. Applications must be submitted online through the association's website. Learn more and access the submission form here.

Attorneys for former Chattanooga Police Chief Celeste Murphy on July 12 entered a not guilty plea on her behalf in response to a 17-count indictment related to issues about her residency. Chattanoogan.com reports that her appearance in court was waived. The charges stem from a Tennessee Bureau of Investigation (TBI) probe. Murphy's next court appearance is scheduled for Sept. 19.

The Memphis City Council on July 9 approved the renaming of a portion of Front Street between Poplar Avenue and Beale Street in honor of Bernice Donald, who retired from the U.S. 6th Circuit Court of Appeals last year as the first Black woman to serve on the court. Donald became the first Black woman judge in Tennessee when she was elected to the Shelby County General Sessions Criminal Court in 1982, and the first Black female bankruptcy judge in the nation when she was named to the U.S. Bankruptcy Court for the Western District of Tennessee in 1988. She also was the first Black woman to serve as a federal judge in the state after she was nominated to the U.S. District Court for the Western District of Tennessee by former President Bill Clinton in 1995. She now practices at Burch, Porter & Johnson. Tannera Gibson — Memphis’ city attorney and chief legal officer and attorney at Burch, Porter & Johnson — spoke about the path Donald has set for Black women, saying, “Walking a path like this one, to have someone like you blaze the trail ... you’ve always done it with such grace, such even temperament in a way that I strive [for].” The Daily Memphian has the story.