Make plans now to join colleagues on Nov. 30 for the second annual "Raising the Bar" program. Produced by the TBA Women in the Profession Committee, this year’s program will focus on advocating for one’s own and others’ career growth. Sessions will cover how to effectively solicit raises and project assignments, receive credit for work done, and make partner. A second session will explore the barriers impacting diverse women in the legal industry and best practices for overcoming those challenges. And for those on the back end of their career, the program will wrap up with a session on the financial aspects of preparing for retirement and maintaining work-life balance while transitioning to retirement. A networking reception will follow the program from 4:15-6 p.m. CST.

Do you know a high school student interested in learning about the practice of law? If so, please encourage them to apply for the TBA Young Lawyers Division’s inaugural Diversity Law Week, which will take place March 11-16, 2024, across the state. During that week, high school students will have the opportunity to visit a local courthouse, shadow and engage with practicing attorneys, visit a college or law school campus, and participate in programming designed to expose them to the theory and practice of law. Diversity Law Week will offer participants a one-of-a-kind experience and an invaluable roadmap for becoming a lawyer. This opportunity is open to high school students of all grade levels throughout Tennessee. Interested students should apply here.

The Tennessee Supreme Court has suspended 25 attorneys for failure to pay the annual registration fee; 14 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2023 or access all administrative suspensions dating back to 2005.

The TBA Young Lawyers Division will launch its inaugural Diversity Law Week March 11-16, 2024, across the state, and is looking for attorneys and judges to provide high school students with a unique opportunity to learn firsthand from professionals. Students will shadow legal professionals during the week as well as engage in an immersive experience at a college or law school campus and observe a court proceeding. The goal of the program is to give high school students early exposure to the legal world and resources for a career in law. Those interested in volunteering to help the program are asked to register online. Thanks to YLD President Quinton Thompson for his vision for this program and program coordinators Chattanooga lawyer Ariel Anthony, Memphis lawyer Kevin Christopher and Nashville lawyer Erin Shackelford. Contact TBA Young Lawyers Division & Law Student Development Coordinator Laura Labenberg with any questions.

Time to update and check-in on the digital YOU. If you moved, have a new photo, or need to change your practice areas or profile — now is the time to update. You also can customize your contact information with TBA’s address preferences, which means you can choose different addresses for your directory listing, where you receive mail and where you receive membership and billing notices. Your TBA profile helps clients and colleagues find you so be sure to keep it current. Watch this tutorial on how to update your information. Looking for a fellow TBA member? Search our online directory.

Make plans now to attend the TBA’s 2023 Administrative Law Forum Dec. 8 from 9 a.m. to 1 p.m. CST at Burr & Forman, 222 Second Ave. Ste. 2000, Nashville 37201. The program is a staple for Tennessee administrative lawyers. Topics for this year's forum include updates on legislative and case law, administrative rules and ethics. Thanks to Jonathan Fly, administrative judge for the Tennessee Department of Human Services, for producing this program. Find out more and register.

Question: Does 2023 Tenn. Pub. Acts, ch. 369 (codified at Tenn. Code Ann. §§ 66-2-101 to 306) prohibit foreign ownership of Tennessee real property, and if so, what is the scope of the prohibition?

Opinion: Public Chapter 369 (codified at Tenn. Code Ann. §§ 66-2-101 to 306) is not a blanket prohibition of foreign ownership of Tennessee real property. It does, however, prohibit the purchase or other acquisition of Tennessee real property by “sanctioned foreign businesses,” “sanctioned foreign governments,” and “sanctioned nonresident aliens”—including any of their agents, trustees, and fiduciaries—as those terms are defined in the statute.

Question 1: When an elected municipal court clerk serves a municipal court that exercises concurrent jurisdiction with a general sessions court, does Tenn. Code Ann. § 40-11-105(a) or any other law authorize that clerk to set bail for a defendant who has been arrested or held to answer for any bailable offense? Specifically, is such a municipal court clerk the equivalent of a “clerk of any circuit or criminal court” under Tenn. Code Ann. § 40-11-105(a)?

Opinion 1: No. Neither Tenn Code Ann. § 40-11-105(a) nor any other general law authorizes an elected municipal court clerk to set bail, regardless of any concurrent jurisdiction that the municipal court may exercise with a general sessions court.

Question 2: If the answer to question 1 is “yes,” are there any statutory limitations on the elected municipal court clerk’s authority to set bail for a defendant who has been arrested or held to answer for any bailable offense?

Opinion 2: In light of Opinion 1, this question is moot.

Question 3: If the answer to question 1 is “yes,” does the municipal court judge have the authority under state law to limit or revoke the authority of the elected municipal court clerk to set bail? If the municipal court judge does not have such authority under state law, can a city charter give the municipal court judge such authority?

Opinion 3: In light of Opinion 1, this question is moot. 

Question 4: If the answer to question 1 is “yes,” is there an authoritative governing body that can take corrective action against an elected municipal court clerk when the clerk violates his or her authority relative to setting bail amounts, and if so, which authoritative governing body can take such action?

Opinion 4: In light of Opinion 1, this question is moot.

Question 1: Is a court clerk authorized to require a deposit as a condition of bidding at a delinquent tax sale?

Opinion 1: No. As a public officer a court clerk has and can exercise only the authority that is expressly conferred on the clerk by statute or necessarily implied from the powers granted by statute. But no Tennessee statute expressly—or by necessary implication—authorizes a court clerk to require a deposit as a condition to bidding at a delinquent tax sale.

Question 2: If a court clerk is authorized to require a deposit as a condition of bidding at a delinquent tax sale, is there a limitation on the amount the court clerk is authorized to require?

Opinion 2: In light of Opinion 1 this question is moot.

Question: Does Tenn. Code Ann. § 49-50-803, which authorizes “each private K-12 school” to establish a handgun-carry policy, allow such a school to adopt a policy that permits its faculty members to “conceal carry” if the school operates a preschool on the school’s campus?

Opinion: Yes. A private K-12 school that operates a preschool on the school’s campus may adopt a handgun-carry policy that permits its faculty members to “conceal carry,” assuming that the policy is adopted in accordance with Tenn. Code Ann. § 49-50-803.