State Rep. Johnny Garrett, R-Goodlettsville, filed HB 2716 today to prevent a state lawmaker expelled for "disorderly behavior" from being tapped to fill their own seat, reports the Tennessean. Currently, under the state constitution and state law, local governing bodies have full latitude to fill a legislative vacancy as they see fit, so long as the person is an eligible voter in the district that is being filled. In addition, Rep. Brian Richey, R-Maryville, has introduced House Joint Resolution 706, which would amend the state constitution to prohibit an expelled lawmaker from qualifying for office for four years following an expulsion. That resolution passed out of its first subcommittee this week. Tennessee's constitutional amendment system requires two rounds of legislative approval, with an election in between, before questions go to a popular vote during a gubernatorial election year. That means the soonest either of these measures could go before voters would be November 2026.

The National Conference of Bar Examiners said Tuesday it has replaced ExamSoft, the testing platform that suffered a series of tech problems, with Surpass Assessment, reports Reuters. The revamped bar exam is set to debut in July 2026. The switch to Surpass Assessment software comes after ExamSoft paid $2.1 million in 2015 to settle a lawsuit brought by bar exam takers who could not upload their test answers, an incident that became known as “barmageddon” in legal publications. ExamSoft's software also came under scrutiny during the pandemic when many states administered the exam remotely using laptop microphones and cameras to monitor for cheating.

Join us for our continuing Law Tech Lunch & Learn Series in Memphis on March 15 for a discussion on how AI impacts attorneys. The first session will provide an introduction to AI and how it can be incorporated into your practice. The second session will feature Memphis attorney Greg Siskind discussing ethical considerations with AI. Registration and lunch will begin at 11:30 a.m. CST.

Former state Rep. Robin Smith, who resigned after being indicted on federal wire fraud charges, has had her sentencing delayed again, Chattanoogan.com reports. The sentencing was to have occurred on Feb. 12 but has been delayed until April 5. Smith is set to testify against former House Speaker Glen Casada and his aide Cade Cothren in a trial that will begin on March 5 in Nashville. The motion noted that the trial in that case had been continued, necessitating the extension for Smith’s sentencing.

Tennessee Innocence Project (TIP) has announced that all charges have been dismissed against its client Artis Whitehead. The move follows the overturning of Whitehead’s conviction in December 2023. The exoneration is the sixth for the organization in the state and the first in Memphis. TIP Executive Director and Lead Counsel Jessica Van Dyke said, “TIP has been working on this case for the last four years because we believed in Mr. Whitehead’s innocence, and we appreciate the DA’s Office's diligent investigation and attention to detail. They got to the bottom of this case and ensured that justice was served appropriately for Mr. Whitehead and his family.” Whitehead was arrested on Jan. 31, 2003. His exoneration comes 21 years from the exact day he was arrested. He served almost 21 years after being wrongfully convicted for a 2002 robbery at B.B. King’s Blues Club on Beale Street.

Tim Jester, a Nashville financial planner newly appointed to the Metro Arts Commission, is considering a bid for state House District 60, the Nashville Post reports. Jester recently named LaTanya Channel, former Metro director of economic growth and small business development, campaign treasurer in paperwork filed with state regulators. He filed to run as a Democrat for the seat that will be vacant after Rep. Darren Jernigan, D-Nashville, moves to a position in Nashville Mayor Freddie O'Connell's administration. Former Metro Councilmember Kevin Rhoten also had filed paperwork appointing a treasurer for the race, but he has since landed a job with Metro and removed himself from the race. Other potential candidates who have expressed interest in possibly running for the seat, according to the paper, include education policy expert Indira Dammu and gun control advocate Shaundelle Brooks.

Spicer Rudstrom PLLC moved its Memphis office to a new location this week. The firm now will be located at 6060 Primacy Pkwy., Ste. 401, Memphis 38119. All email addresses, phone numbers and fax numbers will remain unchanged. The firm’s managing member Clint Woodfin said the move was “aimed at providing easier access for clients, staff and attorneys, as well as allowing our team a better starting point to reach all of our clients in the greater Shelby County area.” Read more from the firm.

University of Tennessee College of Law Dean and Elvin E. Overton Distinguished Professor of Law Lonnie T. Brown Jr. will be honored at a reception Saturday evening at the American Bar Association’s Midyear Meeting in Louisville, Kentucky. The event will take place from 5:30-7 p.m. EST at the Omni Louisville Hotel in the Commonwealth 1 room on the second floor. Any lawyers planning to be at the ABA meeting are invited to attend. View the invitation.

Tennessee Bar Foundation Executive Director Barri Bernstein has publicly announced her decision to retire in mid-2024. Bernstein was the initial executive director of the foundation and has served in the role since 1985. In a statement released today, Board Chair Judge John W. Whitworth said Bernstein built the foundation “from the ground up,” providing “innovative leadership” that led to better access to legal assistance for lower-income Tennesseans. “We are grateful for Barri’s longtime service and to know that she will be available in an advisory role to the Board and to her successor.” The search for a new executive director has begun. Information about the position and how to apply is available at online.

Tennessee Attorney General Jonathan Skrmetti has sued the National Collegiate Athletic Association (NCAA) over its restrictions on the ability of current and future student-athletes to benefit from their name, image and likeness (NIL). Skrmetti argues that the policy violates federal antitrust laws, thwarts the free market and harms student-athletes. He was joined in the suit by the state of Virginia. After the U.S. Supreme Court ruled that the NCAA violated antitrust law by imposing unreasonable restraints on the compensation of college athletes, Tennessee and other states enacted laws to foster a thriving NIL market for the benefit of student-athletes. The NCAA currently prohibits prospective student-athletes from discussing potential NIL opportunities with schools and collectives prior to enrolling. Read more about the suit. In related news, the University of Tennessee has confirmed the existence of an NCAA investigation into NIL rules violations at the school but said it has not received a notice of allegations. University Chancellor Donde Plowman tells Knox News that the school will fight any alleged violations.