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Posted by: Kate Prince on Aug 18, 2021

Brian Faughnan, shareholder in the Memphis office of Lewis Thomason, was recently elected president of the Association of Professional Responsibility Lawyers (APRL). Faughnan has served as the organization’s treasurer, secretary and president-elect and will now lead the group through August 2022. APRL is made up of 400 lawyers, law professors and judges who hold an interest in lawyers’ professional responsibility, legal ethics, legal malpractice and the evolving law of lawyering, primarily through the application of the rules of lawyer ethics to the practice of law. Faughnan practices in commercial litigation, appellate litigation and media law at Lewis Thomason and works in conjunction with the firm’s president in all ethics and professional responsibility matters within the firm. He is a TBA member and a frequent speaker for the TBA on ethics and professional responsibility issues. Read more from Lewis Thomason

Posted by: Kate Prince on Aug 18, 2021

A Nashville judge today exonerated Paul Shane Garrett in a 2000 murder case of a woman in North Nashville, the Tennessean reports. Davidson County Criminal Court Judge Angelita Dalton earlier this month overturned Garrett’s manslaughter conviction, but formally dismissed all charges against him today. DNA evidence connecting another man to the murder was found, but not fully investigated until 2011 and not reviewed for a second time until this year. Garrett was represented by Tennessee Innocence Project Executive Director Jessica Van Dyke and co-counsel Stephen Johnson with the firm Ritchie, Davies, Johnson & Stovall. "For Mr. Garrett, this has been a slow walk toward justice, and we are honored to finish this journey with him and his family,” Van Dyke said.

Posted by: Kate Prince on Aug 18, 2021

Do you set goals with intention? The third installment of the TBA’s video series on quick tips for attorney well-being covers effective goal setting. In this week’s short video, licensed psychotherapist Lindsey O’Connell discusses the importance of setting intentional goals that enhance your life and provide you with tools needed to overcome challenges. To accomplish this, O’Connell suggests implementing the SMART—specific, measurable, attainable, relevant, timebound—goal technique. Learn more about the technique and other tips for goal setting on the TBA’s YouTube page.

Posted by: Kate Prince on Aug 18, 2021

Save the date for this year’s Animal Law Forum, taking place in person and outside at the Nashville Zoo on Sept. 24. Programming will run from 8:30 a.m. until 5 p.m. CDT and will provide attendees with a unique opportunity to brush up on trends and advancements in animal law, while networking and enjoying the fun and activities the zoo offers. The zoo’s president and CEO and the board’s general counsel will discuss conservation efforts and laws affecting procurement and care for zoo animals. Other topics include ethical considerations for animals and the law, legislative updates, laws governing farm animals and more. Zoo admission, breakfast and lunch are included with the program.

Posted by: Kate Prince on Aug 17, 2021

The Tennessee Court of Appeals in Jackson has an immediate opening for a staff attorney. The staff attorney is responsible for reviewing all motions and drafting proposed orders; screening appeals for procedural and jurisdictional problems; reviewing and making recommendations on applications for extraordinary appeals; assisting the Court in its regular duties; and providing legal advice to the appellate court clerks. A minimum of three years or more of legal experience and prior clerkship or staff attorney experience is preferred. To apply, submit an Application for Employment in PDF format, a resume, at least one writing sample and three professional references by email to human.resources@tncourts.gov. The Administrative Office of the Courts has more on the application process.

Posted by: Kate Prince on Aug 17, 2021

The Knox County District Attorney’s office is being asked review whether a promise of a discount at a cannabis store to anyone who votes in the election is a violation of the state's bribery law, the Knoxville News Sentinel reports. Knoxville City Council candidate, Deidra Harper, through a social media post, promised a 15% discount at the My Canna Buds store for anyone who shows a voting sticker. Knox County Elections Administrator Chris Davis asked the State Election Commission for an opinion about whether it violates the law. The commission instead suggested he send it to the DA’s office to decide. “The post is encouraging people to vote, not necessarily to vote for me,” Harper said. “The turnout is really low in local elections and we know it’s important to vote.” 

Posted by: Kate Prince on Aug 17, 2021

The U.S. District Court for the Eastern District of Tennessee will host a public reading of the U.S. Constitution in celebration of Constitution Day on Sept. 16. The reading will take place from 11:30 a.m. until roughly 1:30 p.m. EDT at the Joel W. Solomon Federal Building, 900 Georgia Ave. in Chattanooga. The Constitution will be read in 110 segments that take one minute or less to read for the average reader. Those interested in reading a segment can sign up at here. Signing up in advance is not required, but would be appreciated. Read more from the Chattanoogan

Posted by: Kate Prince on Aug 17, 2021

Chattanooga City Council Chair Chip Henderson has proposed an ordinance that would eliminate Division II of the Chattanooga City Court, the Chattanoogan reports. Henderson said shutting the court down would save roughly $500,000 per year, noting that current Division II Judge Russell Bean is set to retire at the end of his term. The city would be required to continue funding the court until to end of Bean’s term on Aug. 31, 2022. The move would leave only one division of City Court, presided over by Judge Sherry Paty, who intends to run for another eight-year term. City Attorney Emily O'Donnell said the action would give notice to potential candidates for Division II. Two attorneys have already named political treasurers for a Division II race.

Posted by: Kate Prince on Aug 17, 2021

Davidson County Chancellor Patricia Head Moskal yesterday denied a motion from the Baptiste Group that sought to reopen a Chattanooga facility for unaccompanied migrant children, the Times Free Press reports. The motion would have allowed the facility to reopen while the state’s case to revoke the group’s childcare license makes its way through the court system. Moskal denied the motion because the group could not show it was entitled to continue operating, adding the statute would require a "good and sufficient" bond amount be set in the event that continued operation results in the injury of others. The facility was shut down in July after reports of child abuse at the facility and a report of a child running away. Baptiste Group’s attorney Mark Baugh of Baker Donelson argued that the organization met the licensing and safety standards of the state during its eight months of operation and that the state has not stated specifically what statute or regulations are out of compliance.

Posted by: Kate Prince on Aug 17, 2021

Nashville District Attorney Glenn Funk said today that he will not prosecute teachers who violate Gov. Bill Lee’s executive order requiring school districts to allow students to opt out of wearing a mask, the Tennessean reports, and school officials in Memphis and Nashville say masks will still be required in their schools. That's promoted Lt. Gov. Randy McNally, R-Oak Ridge, to warn that if the school districts don't quickly comply, the legislature will intervene. "The Governor and the General Assembly cannot and will not allow lawful orders to be defied," McNally said. "If these systems persist in resisting the order, we will have no choice but to exercise other remedial options." A Metro Nashville Board of Education member had emailed Funk after Lee issued Executive Order 84 yesterday, asking the DA if he planned on “initiating any criminal or other proceedings against teachers, staff, or board members" for defying the order. Funk responded by saying he "will not prosecute school officials or teachers for keeping children safe." 


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