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Posted by: Stacey Shrader Joslin on Feb 6, 2023

An effort to end the American Bar Association's longstanding requirement that law schools use the LSAT or other standardized test in admissions has failed for a second time in six years, Reuters reports. The ABA House of Delegates rejected the change to its accreditation standards yesterday after more than an hour of debate. The proposal to allow law schools to go "test optional" in 2025 has divided law schools and the ABA itself, with law student diversity emerging as the primary point of contention. Those supporting the change argued that the LSAT is a barrier for minority test takers because on average they score below white test takers and because law schools rely too heavily on those scores. Those opposing the change warned that eliminating the requirement would make admissions offices more dependent on subjective measures such as the prestige of an applicant’s college, which could disadvantage minority applicants.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

The Trial Court Vacancy Commission will consider six applicants for a chancery court vacancy in the 7th Judicial District, which covers Anderson County. They are: James W. “Jamie” Brooks Jr., Karen G. Crutchfield, H. Daniel Forrester, Evan E. Hauser, Roger A. Miller and Jimmy “Jim” Terry Jr. The commission will meet on Feb. 24 to interview candidates beginning at 9 a.m. EST at the Anderson County Courthouse, 100 N. Main Street, Clinton 37716. Any member of the public may attend the hearing to express, orally or in writing, objections to any applicant(s) for the post. The vacancy was created by the Jan. 31 resignation of Judge M. Nichole Cantrell.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Hamilton County District Attorney Coty Wamp is seeking to transfer to adult criminal court the cases of five juveniles involved in two violent carjackings in January. The carjacking that occurred on Jan. 26 involved a 14-year-old and two 16-year-olds, while the carjacking on Jan. 28 involved a 13-year-old, 14-year-old and 15-year-old, Chattanoogan.com reports. Juvenile Court Judge Rob Philyaw will make the ultimate decision on whether or not to transfer the cases. He issued a statement saying he cannot comment on the case but will apply the admissible facts to the factors he is allowed to consider when making the decision. He also said he often speaks in the community about the “serious life-altering consequences” youth offenders can face and encouraged teens and their families to heed these messages.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Williamson County lawyer Melissa Ann Baker was suspended from the practice of law today for three years, with one year to be served on active suspension and the rest on probation. The Tennessee Supreme Court conditioned the probation on Baker engaging a practice monitor and complying with recommendations from the Tennessee Lawyers Assistance Program. The court imposed the discipline after finding that Baker (1) failed to file responses to two motions; (2) made material misrepresentations during oral argument; (3) failed to file responses to motions, which resulted in the dismissal of the client’s case; (4) failed to timely produce information to opposing counsel; and (5) filed inappropriate motions in juvenile court. Her conduct was determined to violate Rules of Professional Conduct 1.1 , 1.3, 1.4(a) and (b), 3.1, 3.2, 3.3(a)(1), 3.4(c), 4.2, 4.4(a) and 8.4 (a), (c) and (d).

Posted by: Stacey Shrader Joslin on Feb 6, 2023

The Tennessee Supreme Court has denied a motion from Elliott James Schuchardt to strike a response from the Board of Professional Responsibility in his disciplinary case. Schuchardt filed the motion on Feb. 2, arguing that the board’s response to his petition for dissolution of a temporary suspension did not comply with applicable law. In a brief filed with the motion, Schuchardt argued that the court has no legal authority to summarily dismiss a petition for dissolution of a temporary suspension and that in doing so, violated his right to due process. In denying the motion, the court stated that summary dismissal was legally appropriate given the “unusual circumstances of this case.”

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Shelby County lawyer David R. Huggins received a public censure from the Tennessee Supreme Court on Friday. The court took the action after determining that Huggins failed to take proper action in the case, failed to expedite litigation, and failed to follow court rules and orders. He also was found to have engaged in the unauthorized practice of law. His actions were determined to violate Rules of Professional Conduct 1.3, 3.2, 3.4 5.5(a) and 8.4(d).

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Both the city of Memphis and Shelby County leaders are taking steps to respond to the death of Tyre Nichols. On Friday, Mayor Jim Strickland announced that the city is contracting with an outside organization to do an investigation into its police department. According to The Commercial Appeal, the city has engaged the Department of Justice’s Office of Community Oriented Policing Services through the Collaborative Reform Initial Technical Assistant Center and the International Association of Police Chiefs. Meanwhile, the Shelby County Commission today is considering two non-binding requests for action. One supports additional training, improved data collection and greater transparency on the use of force. The second calls on the Shelby County sheriff to use the video of Nichols in its annual de-escalation training. The Daily Memphian has more.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Legal Aid of East Tennessee and the Kingsport Bar Association will host a legal clinic on Feb. 16 from 5-6:30 p.m. EST at the VO Dobbins Community Center, 301 Louis St., Kingsport 37660. Members of the public may attend without pre-registering and receive general advice on civil matters including housing, benefits, taxes, estate, family, property, landlord/tenant and contracts. Lawyers interested in volunteering can indicate interest here. The Kingsport clinic is held regularly on the third Thursday of the month.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Nashville lawyer Donald Walter Fisher died Jan. 31 at the age of 65. A graduate of Western Michigan University’s Thomas M. Cooley Law School, Fisher moved to Nashville and founded the Fisher Law Group. He primarily practiced in the field of personal injury defense. Visitation will take place on Thursday from 6-8 p.m. and Friday from 8:30-9 a.m. at Woodbine Funeral Home Hickory Chapel, 5852 Nolensville Rd., Nashville 37211. A funeral service will take place Friday at 9 a.m. at the funeral home. A graveside service will follow at 11 a.m. at Middle Tennessee Veterans Cemetery, 7931 McCrory Ln., Nashville 37221. All times central.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Gov. Bill Lee is set to deliver his fifth State of the State address tonight at 6 p.m. CST. He will give the speech before a joint session of the Tennessee General Assembly in the House Chamber, the Tennessean reports. Read excerpts released by his office or watch the speech live here. In advance of the speech, House Democratic Leader Karen Camper released a prebuttal message focused on efforts to end police brutality. In the video, Camper calls on colleagues to “show the nation that we can work together and serve justice for Tyre Nichols and all the victims of police brutality.” She also called for bipartisan action on health care, child care, housing, education and the crisis at the Department of Children’s Services. Tri-State Defender has more on her remarks and a link to the recorded message.


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