The Board of Professional Responsibility of the Tennessee Supreme Court yesterday issued a public censure of Blount County attorney Jacob Edward Erwin. Erwin utilized trust account funds for fulfillment of a personal financial obligation. While no clients or third parties were harmed, Erwin’s conduct constitutes a breach of his fiduciary obligation regarding client funds and property. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

The organization that ran a Chattanooga-based facility for unaccompanied immigrant youth is suing the state after the facility’s license was suspended following the arrest of an employee on child abuse allegations, the Associated Press reports. Baptiste Group filed the complaint in Davidson County Chancery Court yesterday against the Department of Children’s Services and its commissioner. The lawsuit claims the state violated due process protections and was “improperly motivated by “bias, racial prejudice and the like.” The complaint says the suspension “demonstrates bias and prejudice towards TBG” because the state has not taken similar actions for other agencies facing similar accusations. The suspension came amid outrage from some Republican lawmakers over what they say is a lack of transparency from the federal government about immigrant children moving through the state. 

The bust of Confederate general and early KKK leader Nathan Bedford Forrest is expected to be removed from the State Capitol this week, dependant upon a successful vote tomorrow morning by the State Building Commission, the Tennessean reports. Gov. Bill Lee’s office has not given information about the removal procedure, but multiple sources told the newspaper that Lee intends to have the bust moved to the Tennessee State Museum by the weekend. Lee has called a news conference ahead of tomorrow’s vote and will make a rare appearance at the meeting. State law required Lee’s office to wait 120 to take action after the Historical Commission’s March vote to relocate the bust. That waiting period ended July 9. The meeting is scheduled to begin tomorrow at 11 a.m. CDT.

Tennessee Attorney General Herbert Slatery today announced that state and local governments are on the verge of signing a $26 billion agreement with the nation’s three largest pharmaceutical distributors and drugmaker Johnson & Johnson for their role in the nation’s opioid crisis. Per the agreement, distributors Cardinal, McKesson, and AmerisourceBergen will pay up to $21 billion over 18 years and must establish new systems to help prevent and identify suspicious opioid orders. Johnson & Johnson will pay up to $5 billion over nine years and must stop selling opioids for 10 years. Over two-thirds of the settlement money is required to be spent on opioid treatment and prevention The agreement hinges on a “critical mass” of participation from states and local governments. According to the Tennessean, states have 30 days to join the deal and local governments have five months. If governments don’t opt in, the settlement total will go down. Slatery, who has been a leader in the settlement efforts, said Tennessee will be signing the agreement and reaching out to encourage participation.

In a recent article for Reuters, Chicago attorney Ed Shapiro suggests several ways law firms can promote professional development, while simultaneously supporting the mental health of attorneys. Shapiro emphasizes the importance of mentor groups within law firms “that advance professional development while creating safe spaces within which attorneys can share their struggles and get the support they need.” He acknowledges that, while the legal profession as a whole might have thrived during the pandemic, some attorneys may feel as though they didn’t “crush it” during quarantine and that they could’ve done more. It’s important, he says, for those attorneys to know they’re not alone and to offer them a space in which they can be vulnerable. Read the full article here.  

It's not too late to join the Federal Practice Section for its 2021 Annual Forum on Friday. Attendees will have the opportunity to hear speakers on a variety of topics including federal judicial selection, use of evidence in federal courts, the role of the Senate Judiciary Committee and concepts of originalism and textualism. The virtual program will run from 9 a.m. to noon and offer four general CLE credits. Section members receive a discount for this program. Not a Federal Practice Section member? Join here for additional savings and benefits.

Twenty inmates at the Franklin County Jail in Winchester have tested positive for the COVID-19 virus, forcing the facility to revert back to old pandemic protocols, the Times Free Press reports. Franklin County Sheriff Tim Fuller said there have been no “serious symptoms” or hospitalizations from the outbreak. He said the first cases appeared among seven members of a jail work crew on Thursday and the cases grew to 20 after inmates were tested over the weekend. Law enforcement will still respond to calls, but the sheriff’s office has asked that all other business be conducted by phone or electronically. Vaccinations are not required of sheriff's office staff. Fuller said 29 of about 120 employees have been fully vaccinated.

The State Building Commission is expected to make a final decision this week on whether to remove the Nathan Bedford Forrest bust from the State Capitol, the Tennessee Journal reports. The commission will take up the matter during its meeting on Thursday. If the group votes to concur with the State Capitol Commission’s decision, the bust of the early KKK leader and Confederate general, along with three other busts, would be relocated to the Tennessee State Museum.

U.S. District Judge Andrew Hanen of the Southern District of Texas on Friday vacated the Deferred Action for Childhood Arrivals (DACA) program, but temporarily stayed his ruling for current recipients, the ABA Journal reports. The ruling allows the government to accept applications for renewals and for new DACA applicants but prohibits it from granting any new DACA applications. Hanen ruled that Texas, and the eight other states that challenged the program, had standing, partly because they spend money providing services to DACA students. He said that former President Barack Obama’s administration failed to use a formal notice-and-comment procedure required by the Administrative Procedure Act before adopting DACA and that Congress has not granted authority to the U.S. Department of Homeland Security to implement the program. President Joe Biden said Saturday that the U.S. Department of Justice will appeal the decision.

Longtime Memphis attorney and former Shelby County commissioner, Walter L. Bailey Jr., was honored last week for his work and passion for civil rights, the Commercial Appeal reports. Bailey and several others were honored with Impact Awards from the Memphis Memorial Committee during a ceremony for the unveiling of a new statue of Ida B. Wells on Beale Street. The awards are given to those who shared Wells’ passion for racial justice and equality. Bailey took Tennessee v. Garner to the U.S. Supreme Court in 1974, resulting in a ruling that made it illegal for police to shoot a fleeing suspect who posed no imminent danger. The former Shelby County Jail was renamed the Walter L. Bailey Jr. Criminal Justice Complex in his honor.