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Posted by: Stacey Shrader Joslin on Oct 2, 2023

Montgomery County lawyer Robert Louis Booker was permanently disbarred from the practice of law today. The court found that Booker, in representing a client in a contested divorce, charged a $3,200.00 non-refundable fee without a written agreement, or alternatively failed to deposit the fee into an IOLTA account as a retainer and bill against it. In addition, Booker failed to explain the scope of his representation to his client, and because he did not have a written fee agreement, failed to have proper grounds to withdraw based upon the assertion that the client failed to make payments as agreed. Finally, the court found that Booker impermissibly disclosed confidential information pertaining to the client in his motion to withdraw and failed to respond to letters from the Board of Professional Responsibility seeking a response to the complaint. His actions were determined to violate Tennessee Rules of Professional Conduct 1.5(b)(f), 1.15, 1.16(b)(5), 1.6, 8.1(b) and 8.4(a)(d).

Posted by: Stacey Shrader Joslin on Oct 2, 2023

As Nashville Mayor Freddie O'Connell continues his first week in office, Republican state leaders say they are ready to turn the page on the state's relationship with its capital city. Gov. Bill Lee told reporters last week that he looks forward to working with O'Connell. Lee also said he spoke with O’Connell on election night and again since, and is working to schedule a more formal meeting. House Speaker Cameron Sexton, R-Crossville, also said he looks forward to bolstering the state’s relationship with Nashville — even though the city and state may not always see eye-to-eye. "We've had conversations and we plan on having ongoing conversations and building the relationship," Sexton said. The Tennessean has more on the story.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

On the heels of a high-profile criminal case last year, Tennessee politicians vowed to push resources toward the state's evidence testing labs that were taking more than 34 weeks, on average, to process sex offense evidence. That effort appears to be paying off, the Tennessean reports. New data shows that in the Jackson lab, the average turnaround time for forensic sex offence evidence was 17.8 weeks over the past year, a significant improvement over the 41.9 weeks reported between August 2021 and August 2022. Testing times also improved In the Nashville and Knoxville labs. Efforts over the past year included outsourcing the testing of 500 rape kits and bolstering forensic scientists, lab technicians and administrative support personnel at state labs.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

Gov. Bill Lee will formally swear in Justice Holly Kirby as the chief justice of the Tennessee Supreme Court on Wednesday at 9 a.m. CDT in the Historic Supreme Court Chambers of the Tennessee State Capitol. The day also will include the TBA’s Supreme Court Boot Camp program and a presentation on the history of the court by former TBA president Bill Harbison. Later this month, on Oct. 13, a reception for Kirby will be held in Memphis at 3 p.m. CDT at the law firm of Burch, Porter & Johnson, where she practiced law before joining the bench. Kirby was unanimously elected chief justice by the court for a two-year term and took the oath of office privately on Sept. 1. She was appointed to the Supreme Court in 2014 by former Gov. Bill Haslam. Before that appointment, she was named the first female judge on the Tennessee Court of Appeals and served there for almost 19 years.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

Legal Aid Society of Middle Tennessee and the Cumberlands has launched a new disaster preparedness website to help residents better prepare for disasters. Executive Director DarKenya W. Waller tells the Smith County Insider that the site is designed to help speed up the process of recovery by educating people how to prepare and safely store essential paperwork — such as advance care plans, powers of attorney, titles, deeds of property, citizenship verification, contracts and agreements — before disaster strikes. The site also includes advice on developing a disaster plan and a checklist of emergency supplies to have on hand. 

Posted by: Stacey Shrader Joslin on Oct 2, 2023

The Shelby County Office of Re-Entry is an innovative community agency dedicated to providing education, support and advocacy for justice involved individuals. Director DeAndre Brown tells the Commercial Appeal that the agency's focus on citizenship restoration, including voting rights, is a key element of reentry post-incarceration and is a way to "make a person whole again." Five individuals have successfully completed the restoration of citizenship application process and have filed their petitions with the county circuit court clerk. The filing fees were paid by Just City, a Memphis-based criminal justice reform group.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

Family law issues can be fraught, so attorneys need to have as many tools at their disposal as possible. Join your colleagues in Nashville this Wednesday to learn more at the Family Law Forum. The event will take place from 9 a.m.- 2:45 p.m. CDT at the offices of Alliance Bernstein, 501 Commerce St., Nashville 37203. On-site registration begins at 8 a.m. This program, hosted by the TBA Family Law Section, will provide information on topics from using mental health expert witnesses to criminal contempt and everything in between.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

Senate Speaker and Lt. Gov. Randy McNally confirmed to the Tennessee Lookout that he plans to run for re-election to the post in 2024. The Oak Ridge Republican, however, did not guarantee he would seek another term representing District 5, which contains Anderson and Loudon counties and a portion of Knox County. Some had expected McNally not to run for the leadership position again after facing down a no-confidence vote earlier this year. Leadership changes are being made by the House Democratic Caucus as Rep. Torrey Harris, D-Memphis, and Rep. Ronnie Glynn, D-Clarksville, have been elevated to floor leader and treasurer, respectively. Harris replaces the late Bill Beck of Nashville, and Glynn takes the spot of Rep. Gloria Johnson, who left her post to focus on a U.S. Senate campaign.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

Portrait of former Tennessee Judge Richard DinkinsRetired Court of Appeals Judge Richard H. Dinkins died yesterday at the age of 71, the Administrative Office of the Courts reports. A native of Nashville, Dinkins earned his undergraduate degree from Denison University in Ohio and then returned to Nashville for law school, graduating from Vanderbilt University in 1977. Dinkins joined state Sen. Avon N. Williams Jr. in practice and they worked together for more than 20 years. During his time in private practice, Dinkins was the lead attorney for Nashville's school desegregation cases as well as other high-profile civil rights and discrimination cases. From 2003-2008, he served as a Davidson County chancellor. He joined the Court of Appeals in 2008 and served until his retirement in 2022. Dinkins held leadership positions with a number of legal organizations, including president of the Napier-Looby Bar Association and board member for the Nashville Bar Association. Among his many honors, Dinkins was awarded the William M. Leech Jr. Public Service Award from the TBA Young Lawyers Division Fellows in 2004. Funeral services will be held on Oct. 21 at First Baptist Church Capitol Hill, 625 Rosa L Parks Blvd., Nashville 37203. Visitation will be at 10 a.m. with the service following at 11 a.m. CDT. Read remembrances or post your own on the AOC website.

Posted by: Stacey Shrader Joslin on Oct 2, 2023

The U.S. Supreme Court began its new term today with arguments in a criminal sentencing case, SCOTUSblog reports. Tomorrow, the justices will consider the first of at least three disputes that could result in new limits on the authority of regulatory agencies. Axios has more on that case. Other issues to be heard this term include a review of state laws that prevent social media platforms from taking down certain posts, the right of domestic abusers to have guns, Purdue Pharma's bankruptcy settlement, and the FBI’s “no-fly” list for terrorism suspects. The new term begins as questions linger about the need for an ethics code for the justices. A series of articles over the summer from Pro Publica has raised concerns about justices and their involvement with wealthy donors. The court's website indicates that it plans to continue to provide live audio of oral arguments this term, and recorded audio is posted daily following arguments. In related news, a new stamp honoring former Justice Ruth Bader Ginsburg was issued today timed with the opening of the court's new session, Bloomberg Law reports.


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