Shelby County commissioners today voted unanimously to appoint Justin J. Pearson to the state House seat he was expelled from last week. None of the four Republican commissioners were in attendance and Democrats Britney Thornton and Michael Whaley were absent as well, the Daily Memphian reports. Republican commissioner Mick Wright issued a statement just before the special meeting saying he could not “in good conscience contribute to what I see as a breakdown in our representative system of government.” A group of several hundred marched from the National Civil Rights Museum to the Vasco A. Smith Jr. County Administration building in support of Pearson, who was expelled from the District 86 seat Thursday for violating House rules of decorum. According to the National Bar Association, Pearson will be sworn back into the House at 9 a.m. CDT tomorrow. He will have to run again for the seat in a special election. Commissioners say holding that election could cost up to $1 million.

Tennessee Attorney General Jonathan Skrmetti has joined 18 other state attorneys general in filing an amicus brief with the U.S. Fifth Circuit Court of Appeals in support of a lower court ruling that found that the FDA violated its statutory duty in approving new rules for the abortion pill mifepristone. The government has now appealed that ruling. In January, the FDA issued new rules allowing mifepristone to be sold through the mail. 

A list of those who passed the February 2023 bar exam will be released tomorrow by the Tennessee Board of Law Examiners. Check the TBA’s website for the complete list of successful applicants.

There is still time to register for next week's Trial Tactics and Techniques webcast, which will offer a view from both sides of the bench on how to effectively present a case to any audience. With the decline in jury trials, it has become more and more difficult for attorneys to obtain trial experience. This program will offer tips and techniques on how to present a case, including discussion of how style and strategy may differ depending on the audience, how to prepare a strong opening and closing statement and how to handle witnesses. Speakers include Judge Cynthia Chappell, Judge Greg Gilbert, Judge Deborah Stevens and Judge Cynthia Wyrick. Join us next Thursday from 1-2 p.m. CDT.

A panel of three Tennessee judges today granted an injunction that temporarily halts implementation of a new state law limiting city and metropolitan councils to 20 members or less. The law, which impacted only Metro Nashville, would require the city to cut its council in half according to the Tennessean. City leaders challenged the law’s constitutionality and argued the measure would complicate upcoming local elections. With the injunction in place, Nashville can move forward with its Aug. 3 election with 40 council seats on the ballot, the paper reports.

State and national experts from throughout the country will convene virtually on Thursday and Friday to explore current and emerging issues on public defense, including topics related to the effectiveness of the right to counsel 60 years after the U.S. Supreme Court’s landmark decision in Gideon v. Wainwright. The virtual 2023 Public Defense Summit will focus on ensuring manageable workloads, protecting public defender independence and other challenges identified in workload studies from six state. 

Law firm Baker Donelson has named two new group leaders. Nashville shareholder Michaela Poizner is the new chair of the Health Law Group. Poizner’s practice includes working with providers in the behavioral and long-term health sectors. She also founded the firm’s behavioral health initiative. Poizner joined Baker Donelson after graduating from Vanderbilt Law School in 2013. In addition, Memphis shareholder Whitney M. Dowdy has been named chair of the New Litigator Group, which is comprised litigation associates across the firm's footprint in their early years of practice. Dowdy will continue to practice employment law while serving in the role. She earned her law degree from the University of Kentucky College of Law in 2004.

Memphis lawyer George Washington Graham Sr. died recently at the age of 69. Originally from St. Louis, Graham earned his law degree from St. Louis University and worked as a lawyer and certified public accountant in Missouri and Tennessee. Graham was a partner with Goins, Graham, and Associates in Memphis and worked as senior assistant attorney for the city for more than 15 years. Read more about his life in this post from the Memphis Bar Association.

The leadership of the National Bar Association (NBA), together with members of the group’s Tennessee affiliate chapters, was in Nashville today for a rally to support the three state representatives who faced expulsion action last week. Those scheduled to be in attendance included NBA President Lonita Baker of Louisville and Vice President of Membership Ashley Upkins of Nashville. The day included a rally at 3:30 p.m., attendance at the Metro Council’s 4 p.m. meeting to consider reappointing Rep. Justin Jones and a march to the state capitol at 5 p.m. CDT.

Tennessee has lost millions in funding for birth control, pregnancy testing and basic infertility services for low-income individuals according to the Commercial Appeal. A spokesperson for Gov. Bill Lee said he will propose an amendment to the state budget to make up for the loss. The budget amendment reportedly will include $7.5 million in recurring funding and $1.8 million in non-recurring funding for the current fiscal year. The state lost the funding when the U.S. Department of Health and Human Services determined that it violated requirements that recipients be made aware of all their options, including abortion, after a positive pregnancy test. Tennessee said it would advise individuals of "all legal options."