The Tennessee Supreme Court today affirmed a one-year suspension for Sevier County attorney James Ralph Hickman Jr., but increased the length of time to be spent on active suspension. The Board of Professional Responsibility (BPR) had recommended that Hickman serve at least 90 days on active suspension with the remainder on probation. It also imposed several conditions of probation, including that Hickman be under the supervision of a practice monitor and complete 15 additional hours of CLE in estate management. Finally, it required that any violation of the conditions result in automatic reversion to active suspension. The court changed the BPR’s recommendation in two ways: it increased the length of active suspension to six months and removed the requirement that a violation of probation automatically reverts his case to active suspension. Hickman’s conduct was determined to violate Tennessee Rules of Professional Conduct 1.5(a), 3.3(a)(1) and RPC 8.4(c). Read more in a press release from court or the opinion.

The Legal Services Corporation (LSC) podcast “Talk Justice” recently featured experts discussing the potential role of generative AI in expanding the reach of legal services and promoting access to justice. Podcast co-host and Vanderbilt Law professor Cat Moon was joined by Sam Flynn, COO and co-founder of the no-code automation platform Josef; Natalie Anne Knowlton, founder of Access to Justice Ventures; and Tom Martin, CEO and founder of the no-code AI platform LawDroid. Despite a lot of unknowns and concerns around AI, the group expressed hope that its growing popularity will lead to user-centered solutions that promote access to justice. “Talk Justice” episodes are available on the LSC’s website and on Spotify, Apple, Legal Talk Network and other podcast apps.

The U.S. Supreme Court today ruled 6-3 in favor of a website designer who did not want to create wedding websites for same-sex couples. The court found that enforcement of a Colorado anti-discrimination law against the designer was a violation of her First Amendment right to free speech, SCOTUSblog reports. Writing for the majority, Justice Neil Gorsuch also indicated that the court’s decision would provide similar protection to other business owners whose services involve speech, such as artists, speechwriters and movie directors. In their dissent, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson called the decision “a sad day in the American constitutional law and in the lives of LGBTQ people.” Read the decision in 303 Creative LLC v. Elenis.

A third former deputy in the office of the Davidson County Circuit Court Clerk is suing the city and court leaders alleging that her dismissal was related to her reluctance to support the campaign of Deputy Clerk Joseph Day in his bid to succeed longtime Clerk Richard Rooker. Christy Anna Allen filed suit against Day, Rooker, Metro Government and two other clerk’s office employees, the Nashville Post reports. She is represented by Paul Forrest Craig, a Memphis attorney who is also representing former deputy clerks Veronica Edmondson and Annecia Donigan. All three allege that court employees were expected to support and work on Day’s campaign to succeed Rooker and that they were fired for not doing so.

State Sen. Heidi Campbell, D-Nashville, is suggesting an audit of how the state used federal relief aid it received for rental assistance during the COVID-19 pandemic, the Tennessean reports. The state received $383.4 million for rental assistance. The Tennessee Housing Development Agency (THDA) in turn hired Horne LLP to process applications, determine applicant eligibility and assist landlords, but is not able to identify the amount of federal funds that it disbursed. During a meeting of the Fiscal Review Committee this week, Campbell also criticized the agency for returning funds back to the federal government while Tennessee families remained in need. "An audit might be a good idea here," she said.

Tennessee Attorney General Jonathan Skrmetti has filed a notice of appeal of the injunction issued by the U.S. District Court for the Western District of Tennessee in the case of Friends of George, Inc. v. Mulroy. The notice is the first step in appealing the decision from earlier this month. Skrmetti said that the language “harmful to minors,” which the court found to be unconstitutionally vague, has appeared in various parts of Tennessee code for 33 years. Read his full statement.

In other news from the AG's office, Skrmetti has joined with attorneys general from other states on a number of lawsuits and regulatory comments in recent weeks. These include a suit against 20 polyfluoroalkyl substance (PFAS) manufacturers for advertising and selling products with harmful chemicals, and a suit against the Biden administration’s proposed new “Circumvention of Lawful Pathways” immigration rule. Regulatory comments include support for the Federal Communications Commission’s move to apply the National Do Not Call Registry to text messages but expressing concerns about a proposed rule regarding prior express written consent under the Telephone Consumer Protection Act; opposition to proposed Environmental Protection Agency regulations that would affect sterilization of medical devices; and opposition to the president unilaterally raising the debt ceiling. Skrmetti also recently announced a settlement with Adore Me Inc. regarding deceptive advertising and billing practices.

Changes to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure, approved by the General Assembly in April, took effect July 1. The changes were originally proposed by the Tennessee Supreme Court in August 2022 based on recommendations from the Advisory Commission on the Rules of Practice & Procedure. The court originally included amendments to Rule 41 of the Rules of Criminal Procedure but after a comment period decided to send that section back to the commission for further consideration.

More than 170 laws passed this year by the Tennessee General Assembly are set to become effective tomorrow. The Tennessean looks at several, including new school security requirements, liability protections for gun manufacturers, business tax changes, restrictions on the sale of Delta-8 THC products, penalties for book publishers and distributors who send or sell obscene materials to public schools, stronger penalties for those who desecrate houses of worship, and paid family leave for state employees and teachers. Action News 5 has its own list, including new requirements tied to the state’s “Move Over” law, a 30-day requirement for death sentences to be carried out after all appeals are exhausted, and restrictions on universities using state funds for activity that “endorses or promotes a divisive concept.”

By a vote of 6-3 today, the U.S. Supreme Court ruled that the Biden administration overstepped its authority last year when it announced it would cancel up to $400 billion in student loans. Chief Justice John Roberts wrote for the court in Biden v. Nebraska, characterizing the decision as a straightforward interpretation of federal law, SCOTUSblog reports. Justice Elena Kagan dissented in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. The Hill notes that Roberts included a note at the end of the majority opinion defending the legitimacy of the court and calling attacks on its "proper role" as "disturbing." Before issuing its ruling in the case brought by Nebraska and five other states, the court ruled unanimously in Department of Education v. Brown that two individual borrowers lacked standing to challenge the plan. Responding to the ruling, President Joe Biden this afternoon announced new plans to offer loan forgiveness through the Higher Education Act, which allows the education secretary to “compromise, waive or release” students loans. A public hearing on the plan is set for July 18. Biden also announced a repayment program for borrowers who miss payments when they resume this fall, The Hill reports.

If you missed the Trial Tactics and Techniques course this past spring, catch it on replay next week. With the decline in jury trials, it has become more difficult for attorneys to obtain trial experience early in their careers. During this session, attendees will get a peek behind the curtain and learn from experienced litigators and judges who will provide trial tips and techniques. Learn how style and strategy may differ depending on the audience, how to prepare a strong opening statement and closing argument, and how to handle witnesses. Join us on July 7 from noon to 1 p.m. CDT. Register here.