TBA Law Blog


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Posted by: Liz Slagle Todaro on Mar 5, 2024

TBA's Day on the Hill and Big Shrimp Legislative Reception will be held in Nashville on March 20. The events give Tennessee lawyers an opportunity to meet with their legislators and talk to them about issues important to the profession, including funding for indigent representation. The TBA Day on the Hill will include a luncheon and meetings with legislators in the afternoon, followed by the annual Big Shrimp reception that night. Sign up now to take part!

Posted by: Julia Wilburn on Mar 5, 2024
News Type: Legal News

Isaiah 117 House, a northeast Tennessee-based nonprofit ministry, broke ground on a new facility in Memphis on Monday. The organization allows children to go to a comfortable environment where trained volunteers can care for them during the period between removal and placement with a foster family. The Daily Memphian reports that in Shelby County, 1,200 children are in state custody. Teenagers make up the largest group, followed by small children from infancy through age 4. The Department of Children's Services (DCS) and Isaiah 117 House leaders began collaborating after they met at a monthly meeting of the Memphis Interfaith Foster and Adoption Ministries, an alliance of churches, agencies, ministries and community advocates who serve foster, adoptive and kinship children and families.

Posted by: Julia Wilburn on Mar 5, 2024
News Type: BPR Actions

On March 4, Davidson County attorney Wesley Jesse Ladner III received a public censure from the Supreme Court of Tennessee and was ordered to pay the costs and fees of the Board of Professional Responsibility. The censure was conditioned on Ladner engaging a practice monitor for two years, contacting the Tennessee Lawyers Assistance Program and complying with any of its recommendations. Ladner represented a client in a contentious divorce matter. During the course of the domestic litigation, Ladner engaged in abuses of the discovery process, failed to diligently and timely respond to discovery requests, and made factual misstatements to the court and opposing counsel. Ladner executed a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 1.3, 3.1, 3.3, 3.4, 8.4(c) and (d).

Posted by: Julia Wilburn on Mar 5, 2024
News Type: Legal News

Burch, Porter & Johnson PLLC has announced that Judge Bernice Donald has joined the firm after retiring from the U.S. Court of Appeals for the Sixth Circuit in 2023. Donald will continue her domestic and international arbitration and mediation practice, and her work as a special master, advisor on appellate strategy, and counsel in internal investigations, from the firm’s office in Memphis. In a statement this week, Donald said that the firm's "deep expertise and its leadership in community affairs is a great fit with the mediation, arbitration, appellate advisory and internal investigation work I have done since leaving the bench.” Read the press release from the firm.

Posted by: Julia Wilburn on Mar 5, 2024

A group of Democratic Tennessee lawmakers is asking the U.S. Department of Justice (DOJ) to investigate how the state has further restricted the process for people with felony records to get their voting rights back, reports the Associated Press. The group argues that "Tennessee law permits restoration of voting rights through a straight-forward administrative procedure," but the elections office has imposed additional requirements that people get their full citizenship rights restored or secure a pardon in addition to the restoration processes that have been in place. The policy changes began last summer, halting nearly all voting rights restorations. The issue once again sparked outcries from voting rights advocates after elections officials in January made another legal interpretation that restoration of gun rights is part of the requirement. Because of those changes, coupled with existing state and federal laws for certain offenses that permanently ban someone from getting their gun rights back, critics argue the state’s new policy permanently disenfranchises tens or possibly hundreds of thousands of people from getting another chance to vote.

Posted by: Julia Wilburn on Mar 5, 2024
News Type: Legal News

The Administrative Office of the Courts (AOC) has named Samantha Fisher as communications director. In this role, Fisher will serve as spokesperson for the Supreme Court of Tennessee and the AOC. In addition, she will provide communications support to AOC initiatives focused on improving public education and understanding of the judicial branch and its essential role in a democratic society. Previously, Fisher served as communications director for the Office of the Tennessee Attorney General and Reporter where she led and coordinated messaging on the $26 billion opioid distributor’s settlement.

Posted by: Julia Wilburn on Mar 5, 2024

A bill that would require all written driver’s license tests to be given only in English will be taken up by the Senate Transportation and Safety Committee on Wednesday. According to the Nashville PostSB1717/HB1730, sponsored by Sen. Joey Hensley, R-Hohenwald, and Rep. Kip Capley, R-Summertown, “prohibits use of a translation dictionary, electronic device or interpreter to assist with the examination.” Currently, Tennessee offers standard driver’s license tests in English and Spanish. Rep. John Ray Clemmons, D-Nashville, said, “I represent one of the most diverse districts in the state of Tennessee, probably one of the largest immigrant populations in the state ... That is a blatantly discriminatory bill designed to target specific individuals.”

Posted by: Julia Wilburn on Mar 5, 2024

The Certificate of Need Reform Working Group, made up of Republican Tennessee lawmakers, will file a bill this legislative session that will overhaul the current Certificate of Need Program (CON), according to a Feb. 26 email sent to 36 senators and representatives obtained by the Nashville Business Journal. The CON was established in 1972 by the federal government and is a permit for the establishment or modification of a health care institution, facility or service at a designated location, according to the Tennessee Department of Health. The bill will be aimed at eliminating the requirements for certain types of medical facilities and lightening restrictions for others, eliminating the CON requirements for freestanding emergency departments, intellectual and developmental disabilities (IDD) habitation facilities that are licensed by the Tennessee Department of IDD, burn units, neonatal intensive care units and organ transplant facilities. If the bill passes, the new requirements would go into effect on July 1, 2025, and new facilities would be required to receive accreditation within two years. 

Posted by: Julia Wilburn on Mar 5, 2024
News Type: TBA CLE

Join your colleagues on April 11 for Elder Law Basics. This program is designed for attorneys new to the practice, or those looking to brush up on their knowledge in this area. The topics will provide an overview of powers of attorney, pre-admission evaluations, real estate in elder law, how clients can find and afford health care in retirement, ethics and more. Elder Law Basics will take place from 10 a.m. to 2:30 p.m. CDT via webinar.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Election 2024

The U.S. Attorney’s Office for the Eastern District of Tennessee today announced that Assistant U.S. Attorney (AUSA) Mac Heavener will lead the efforts of the office in connection with the Justice Department’s nationwide Election Day Program for Tuesday's primary election. AUSA Heavener has been appointed to serve as the District Election Officer (DEO), and in that capacity, will be responsible for overseeing the office’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff and election fraud, in consultation with Justice Department Headquarters in Washington, D.C.


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